Assembly Bill A4380

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

                                  4380

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. SCHROEDER, PERRY, JACOBS, ARROYO, ROBINSON, COOK,
  SPANO, CASTRO, CLARK, GALEF -- Multi-Sponsored by -- M. of A. BOYLAND,
  BURLING, CONTE, DUPREY, FINCH, MARKEY, McDONOUGH, J. MILLER, MOLINARO,
  RABBITT, TOBACCO -- read once and referred to the Committee on Health

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06853-02-1

              

A. 4380                             2

  PERTINENT  RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER OR RELEASE
SHALL INCLUDE:
  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, CRISIS INTERVENTION SERVICES, AND ANY OTHER PERSON WHO DEEMS THIS
INFORMATION VITAL TO PROVIDE SAFE AND APPROPRIATE CARE IN A CRISIS SITU-
ATION.
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.