senate Bill S2340

2011-2012 Legislative Session

Requires health care professionals to report any diagnosis of autism spectrum disorder to a registry maintained by the department of health

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jan 19, 2011 referred to health

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S2340 - Bill Details

See Assembly Version of this Bill:
A2300
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 24-F ยงยง2499-b & 2499-c, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S369, A10498

S2340 - Bill Texts

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Requires health care professionals to report any diagnosis of autism spectrum disorder to a registry maintained by the department of health.

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BILL NUMBER:S2340

TITLE OF BILL:
An act
to amend the public health law, in relation to autism spectrum disorder
reporting

PURPOSE OR GENERAL IDEA OF BILL:
To establish a registry in the
Department of Health for reporting diagnoses of autism spectrum
disorders and maintaining 'such information to improve the current
knowledge and understating of autism, to conduct thorough and
complete epidemiological surveys of the disorder, to enable analysis
of this problem, and to plan for and provide services to children
with autism spectrum disorders and their families.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill sets forth a legislative intent.

Section 2 of the bill adds a new Article 24-F to the public health law
setting up the registry, reporting requirements and provisions to
ensure confidentiality.

Section 3 of the bill provides for an effective date 120 days after
enactment.

JUSTIFICATION:
This bill establishes a central registry within the
Department of Health, similar to that currently in place for other
conditions such as cancer and birth defects, to maintain reports of
diagnoses of autism spectrum disorder in New York State. With the
most recent CDC study estimating that 1 in 150 children nationally
now has autism, tracking cases of autism throughout the state will
provided much needed information to improve the current understanding
of autism, to conduct thorough and complete epidemiological surveys
of the disorder, to enable analysis of this problem, and to plan for
and provide services to children with autism spectrum disorders and
their families.

PRIOR LEGISLATIVE HISTORY:
2010: A.10498 - Died in Health
2009: S.369 - Died in Health
2008: S.5469 - Died in Health
2007: S.5469 - Died in Health

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
twentieth day after it shall have become a law. Provided that the
commissioner of health is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement
this act on its effective date or before such date.


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

                                  2340

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  autism  spectrum
  disorder reporting

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that there  is  a
clear  need  for great accuracy in reporting and gathering epidemiologic
data on the incidence of autism spectrum disorders in  New  York  state.
Further,  the legislature finds that the state currently requires that a
number of other conditions,  including  cancer  and  birth  defects,  be
reported  and  maintained  in  a  central  registry.  A similar registry
requirement for reporting diagnoses of  autism  spectrum  disorders  and
maintaining  such information is needed to improve the current knowledge
and understanding of autism, to conduct thorough and complete  epidemio-
logic  surveys  of the disorder, to enable analysis of this problem, and
to plan for and provide services to children with autism spectrum disor-
ders and their families.
  S 2. The public health law is amended by adding a new article 24-F  to
read as follows:
                               ARTICLE 24-F
                   AUTISM SPECTRUM DISORDER REPORTING
SECTION 2499-B. AUTISM SPECTRUM DISORDER; DUTY TO REPORT.
        2499-C. REGISTRY AND REPORTING REQUIREMENTS.
  S 2499-B. AUTISM SPECTRUM DISORDER; DUTY TO REPORT. 1. EVERY PHYSICIAN
OR  PSYCHOLOGIST  LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF
THE EDUCATION LAW, AND  ANY  OTHER  HEALTH  CARE  PROFESSIONAL  LICENSED
PURSUANT  TO TITLE EIGHT OF THE EDUCATION LAW WHO IS QUALIFIED BY TRAIN-
ING TO MAKE THE DIAGNOSIS AND WHO THEN MAKES THE DIAGNOSIS THAT A  CHILD
IS AFFECTED WITH AUTISM SPECTRUM DISORDER SHALL REPORT SUCH DIAGNOSIS TO
THE DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03984-01-1

S. 2340                             2

  2.  SUCH REPORT SHALL BE MADE IN WRITING AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE NAME AND ADDRESS OF THE PERSON  SUBMITTING  THE  REPORT,
THE  NAME,  AGE  AND ADDRESS OF THE CHILD DIAGNOSED WITH AUTISM SPECTRUM
DISORDER, AND ANY OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY  THE
COMMISSIONER,  EXCEPT  THAT IF THE CHILD'S PARENT OR GUARDIAN OBJECTS TO
THE REPORTING OF THE CHILD'S DIAGNOSIS FOR ANY REASON, THE REPORT  SHALL
NOT INCLUDE ANY INFORMATION THAT COULD BE USED TO IDENTIFY THE CHILD.
  3.  THE  COMMISSIONER SHALL SPECIFY PROCEDURES FOR HEALTH CARE PROFES-
SIONALS TO INFORM CHILDREN'S PARENTS AND GUARDIANS OF  THE  REQUIREMENTS
OF  THIS  SECTION, THE PURPOSE OF INCLUDING THIS INFORMATION IN A REGIS-
TRY, AND THE OPTION TO REFUSE TO PERMIT THE REPORTING OF ANY INFORMATION
THAT COULD BE USED TO IDENTIFY A CHILD.
  S 2499-C. REGISTRY AND REPORTING REQUIREMENTS.  1. THE DEPARTMENT,  IN
CONSULTATION  WITH  THE  OFFICE  OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES, SHALL ESTABLISH AND MAINTAIN AN UP-TO-DATE REGISTRY  WHICH
SHALL INCLUDE A RECORD OF ALL REPORTED CASES OF AUTISM SPECTRUM DISORDER
THAT  OCCUR IN THE STATE AND ANY OTHER INFORMATION IT DEEMS RELEVANT AND
APPROPRIATE IN ORDER TO  CONDUCT  THOROUGH  AND  COMPLETE  EPIDEMIOLOGIC
SURVEYS  OF  AUTISM SPECTRUM DISORDERS, TO ENABLE ANALYSIS OF THIS PROB-
LEM, AND TO PLAN FOR AND PROVIDE SERVICES TO CHILDREN WITH AUTISM  SPEC-
TRUM DISORDERS AND THEIR FAMILIES.
  2.  THE  REPORTS  MADE PURSUANT TO THIS ARTICLE ARE TO BE USED ONLY BY
THE DEPARTMENT AND OTHER AGENCIES AS MAY BE DESIGNATED  BY  THE  COMMIS-
SIONER,  INCLUDING  THE  OFFICE  OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES AND THE EDUCATION DEPARTMENT, AND SHALL  NOT  OTHERWISE  BE
DIVULGED  OR MADE PUBLIC SO AS TO DISCLOSE THE IDENTITY OF THE PERSON TO
WHOM THEY RELATE. A PHYSICIAN, PSYCHOLOGIST OR OTHER HEALTH CARE PROFES-
SIONAL PROVIDING INFORMATION TO THE DEPARTMENT PURSUANT TO THIS  ARTICLE
SHALL  NOT  BE  DEEMED  TO  BE OR HELD LIABLE FOR DIVULGING CONFIDENTIAL
INFORMATION.
  3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO COMPEL  A  CHILD  WHO
HAS BEEN REPORTED AS AFFECTED WITH AN AUTISM SPECTRUM DISORDER TO SUBMIT
TO A MEDICAL OR HEALTH EXAMINATION, OR SUPERVISION BY THE DEPARTMENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Provided that the commissioner of health is
authorized to promulgate any and all rules and regulations and take  any
other  measures necessary to implement this act on its effective date on
or before such date.

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