S T A T E O F N E W Y O R K
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
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:
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.
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
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.