S T A T E O F N E W Y O R K
________________________________________________________________________
5985
2009-2010 Regular Sessions
I N S E N A T E
June 19, 2009
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Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to creating a
universal child health passport
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title B of the mental hygiene law is amended by adding a
new article 6 to read as follows:
ARTICLE 6
UNIVERSAL CHILD HEALTH PASSPORT
SECTION 6.01 UNIVERSAL CHILD HEALTH PASSPORT.
6.02 PERTINENT RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER
OR RELEASE.
6.03 GROUPS ELIGIBLE TO RECEIVE OR SHARE PERTINENT RECORDS
AND/OR INFORMATION.
6.04 RIGHTS RESERVED.
S 6.01 UNIVERSAL CHILD HEALTH PASSPORT.
1. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO CREATE AND
IMPLEMENT A UNIVERSAL CHILD HEALTH PASSPORT, WHICH SHALL ALLOW MENTAL
HEALTH PATIENTS TO UNIVERSALLY CONSENT TO THE TRANSFER OR RELEASE OF
PERTINENT RECORDS AND/OR INFORMATION TO CERTAIN GROUPS.
2. TO BE EFFECTIVE, THE PASSPORT SHALL BE SIGNED BY THE PARENT OR
LEGAL GUARDIAN OF THE CHILD, WHO IS THE RECIPIENT OF SUCH PASSPORT.
3. SUCH PASSPORT SHALL HAVE A ONE YEAR EXPIRATION DATE, FROM THE DATE
THE PASSPORT WAS ISSUED, AND SHALL REQUIRE RENEWAL EVERY YEAR THEREAFT-
ER.
S 6.02 PERTINENT RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER OR
RELEASE.
PERTINENT RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER OR RELEASE
SHALL INCLUDE:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11927-01-9
S. 5985 2
1. ANY INDIVIDUALIZED EDUCATION PROGRAM WHICH INCLUDES AN INTELLIGENCE
QUOTIENT OR EDUCATIONAL TESTING COMPONENT;
2. MEDICAL AND MENTAL HEALTH TREATMENT RECORDS;
3. CONTACT INFORMATION; AND
4. ANY ESTABLISHED CRISIS OR SAFETY PLAN IF AVAILABLE.
S 6.03 GROUPS ELIGIBLE TO RECEIVE OR SHARE PERTINENT RECORDS AND/OR
INFORMATION.
GROUPS ELIGIBLE TO RECEIVE OR SHARE SUCH PERTINENT RECORDS AND/OR
INFORMATION SHALL INCLUDE BUT SHALL NOT BE LIMITED TO, SERVICE PROVID-
ERS, SUCH AS CLINICS, LICENSED PROFESSIONALS, HOSPITALS, EMERGENCY
ROOMS, APPROPRIATE SCHOOL PERSONNEL, CRISIS INTERVENTION SERVICES, AND
ANY OTHER PERSON WHO DEEMS THIS INFORMATION VITAL TO PROVIDE SAFE AND
APPROPRIATE CARE IN A CRISIS SITUATION.
S 6.04 RIGHTS RESERVED.
THE PARENT OR GUARDIAN OF A HOLDER OF A UNIVERSAL CHILD HEALTH PASS-
PORT, SHALL RESERVE THE RIGHT TO ELIMINATE ANY PART OF THE HOLDER'S
MEDICAL HISTORY FROM THE INFORMATION TO BE TRANSFERRED OR RELEASED.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.