S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4741--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the public health law and the mental hygiene law, in
   relation to directing the commissioner of health and the  commissioner
   of the office for people with developmental disabilities to promulgate
   rules  and  regulations  requiring every child beginning at the age of
   twelve months to be examined for autism  spectrum  disorders;  and  to
   repeal  section  2500-j of the public health law relating to screening
   children for autism spectrum disorders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2500-j of the public health law is REPEALED.
   §  2.  The public health law is amended by adding a new section 2500-m
 to read as follows:
   § 2500-M. PEDIATRIC WELLNESS VISITS;  SCREENING  FOR  AUTISM  SPECTRUM
 DISORDERS.  1.  THE COMMISSIONER SHALL, JOINTLY WITH THE COMMISSIONER OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND ON OR  BEFORE
 MAY  FIRST,  TWO  THOUSAND TWENTY-FIVE, PROMULGATE RULES AND REGULATIONS
 REQUIRING EVERY PEDIATRIC PRIMARY CARE PROVIDER, CONDUCTING  A  WELLNESS
 AND  PREVENTATIVE  CARE  EXAMINATION,  ON  OR AFTER SEPTEMBER FIRST, TWO
 THOUSAND TWENTY-FIVE, OF A CHILD TWELVE  MONTHS  OF  AGE  OR  OLDER,  TO
 SCREEN  SUCH  CHILD  FOR  AUTISM  SPECTRUM  DISORDERS,  AND CONDUCT SUCH
 SCREENING ANNUALLY UNTIL SUCH CHILD  REACHES  PRIMARY  SCHOOL  AGE,  AND
 THEREAFTER  AT  THE  BEGINNING OF EVERY EDUCATIONAL STAGE, NAMELY MIDDLE
 AND HIGH SCHOOL.
   2. IN ADDITION, SUCH RULES AND REGULATIONS SHALL ESTABLISH  GUIDELINES
 AND PROTOCOLS FOR:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06016-02-4
 S. 4741--A                          2
              

 
   (A)  THE  BEST PRACTICES FOR THE SCREENING FOR AND DIAGNOSIS OF AUTISM
 SPECTRUM DISORDERS;
   (B) THE EMPLOYMENT OF OBJECTIVE AUTISM SPECTRUM DISORDER TOOLS; AND
   (C)  THE  APPROPRIATE  REFERRAL MECHANISM FOR CHILDREN, WHO BASED UPON
 THE RESULTS OF SCREENING FOR AUTISM SPECTRUM DISORDERS, REQUIRE  FURTHER
 EVALUATION.
   3.  IF  THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES SHALL FAIL TO PROMULGATE, ON  OR  BEFORE
 MAY  FIRST, TWO THOUSAND TWENTY-FIVE, THE RULES AND REGULATIONS REQUIRED
 BY SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE DEPARTMENT SHALL  ADOPT
 AND IMPLEMENT THE RELEVANT FEDERAL RULES AND REGULATIONS RELATING THERE-
 TO.
   §  3.  The mental hygiene law is amended by adding a new section 16.39
 to read as follows:
 § 16.39 PEDIATRIC WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM  DISOR-
           DERS.
   THE  COMMISSIONER  SHALL, JOINTLY WITH THE COMMISSIONER OF HEALTH, AND
 ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-FIVE, PROMULGATE ANY AND ALL
 RULES AND REGULATIONS REQUIRED BY SUBDIVISIONS ONE AND  TWO  OF  SECTION
 TWENTY-FIVE HUNDRED-M OF THE PUBLIC HEALTH LAW RELATING TO THE SCREENING
 OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
   §  4.  This act shall take effect immediately, except that section one
 of this act shall take effect September 1, 2025.