S T A T E   O F   N E W   Y O R K
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                                  5985

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

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.