Senate Bill S3404

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

                                  3404

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 18, 2011
                               ___________

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

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
  eighteen  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 Section 2500-j of the public health law is REPEALED.
  S 2. The public health law is amended by adding a new  section  2500-k
to read as follows:
  S  2500-K.  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 TWELVE, PROMULGATE RULES AND REGULATIONS REQUIR-
ING EVERY PEDIATRIC PRIMARY CARE PROVIDER,  CONDUCTING  A  WELLNESS  AND
PREVENTATIVE CARE EXAMINATION, ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND
TWELVE, OF A CHILD EIGHTEEN MONTHS OF AGE OR OLDER, TO SCREEN SUCH CHILD
FOR AUTISM SPECTRUM DISORDERS.
  2.  IN ADDITION, SUCH RULES AND REGULATIONS SHALL ESTABLISH GUIDELINES
AND PROTOCOLS FOR:
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06756-01-1

              

S. 3404                             2

  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 TWELVE, 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 THERETO.
  S  3.  The mental hygiene law is amended by adding a new section 16.39
to read as follows:
S 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  TWELVE,  PROMULGATE  ANY  AND  ALL
RULES  AND  REGULATIONS  REQUIRED BY SUBDIVISIONS ONE AND TWO OF SECTION
TWENTY-FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW RELATING TO THE SCREENING
OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
  S 4. This act shall take effect immediately, except that  section  one
of this act shall take effect September 1, 2012.