S T A T E O F N E W Y O R K
________________________________________________________________________
8635
2015-2016 Regular Sessions
I N A S S E M B L Y
December 23, 2015
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Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to establishing the
autism spectrum disorders plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
27-L to read as follows:
ARTICLE 27-L
AUTISM SPECTRUM DISORDERS
SECTION 2799-V. AUTISM SPECTRUM DISORDERS PROGRAM.
2799-W. FUNCTIONS, POWERS AND DUTIES OF THE DEPARTMENT.
2799-X. AUTISM SPECTRUM DISORDERS ADVISORY BOARD.
S 2799-V. AUTISM SPECTRUM DISORDERS PROGRAM. THE DEPARTMENT SHALL HAVE
THE CENTRAL RESPONSIBILITY FOR ADMINISTERING THE PROVISIONS OF THIS
ARTICLE AND OTHERWISE COORDINATING THE STATE'S POLICIES WITH RESPECT TO
AUTISM SPECTRUM DISORDERS, IN CONSULTATION WITH THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF MENTAL HEALTH, THE
DEPARTMENT OF EDUCATION, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, THE DEPARTMENT OF FAMILY ASSISTANCE, THE OFFICE OF THE ADVO-
CATE FOR PERSONS WITH DISABILITIES AND THE COMMISSION ON QUALITY OF CARE
FOR THE MENTALLY DISABLED.
S 2799-W. FUNCTIONS, POWERS AND DUTIES OF THE DEPARTMENT. THE DEPART-
MENT SHALL HAVE THE FOLLOWING FUNCTIONS AND DUTIES:
1. TO DEVELOP, IMPLEMENT, MONITOR, AND ANNUALLY UPDATE A STATEWIDE
AUTISM SPECTRUM DISORDERS PROGRAM WHICH SHALL PROVIDE FOR COMPREHENSIVE,
LIFESPAN SUPPORTS TO INDIVIDUALS WITH AUTISM SPECTRUM DISORDERS AND
THEIR FAMILIES THROUGH ACCESS TO INFORMATION AND RESOURCES, COORDINATION
OF SERVICES, AND IMPLEMENTATION OF EVIDENCE-BASED PRACTICES;
2. TO FURNISH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY WITH THE ANNUALLY UPDATED PLAN REQUIRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13207-01-5
A. 8635 2
PURSUANT TO SUBDIVISION ONE OF THIS SECTION NO LATER THAN SIXTY DAYS
AFTER THE CLOSE OF EACH FISCAL YEAR;
3. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OF OTHER FUNDS OR APPROPRI-
ATIONS AS MAY BE AVAILABLE FOR THESE PURPOSES, SUBJECT TO LIMITATIONS AS
TO THE APPROVAL OF EXPENDITURES AND AUDITS AS PRESCRIBED FOR STATE FUNDS
BY THE STATE FINANCE LAW; AND
4. TO THE EXTENT FEASIBLE, UTILIZE EXISTING ORGANIZATIONS WITH DEMON-
STRATED INTEREST AND EXPERTISE IN SERVING PERSONS WITH AUTISM SPECTRUM
DISORDERS AND SHALL, WITHIN FUNDS AVAILABLE, ENTER INTO CONTRACTS WITH
SUCH ORGANIZATIONS.
S 2799-X. AUTISM SPECTRUM DISORDERS ADVISORY BOARD. 1. THERE IS HEREBY
ESTABLISHED WITHIN THE DEPARTMENT THE AUTISM SPECTRUM DISORDERS ADVISORY
BOARD.
2. SUCH BOARD WILL CONSIST OF NINETEEN MEMBERS, TEN OF WHOM SHALL BE
APPOINTED AND NINE OF WHOM SHALL SERVE EX OFFICIO. OF THE TEN APPOINTED
MEMBERS, TWO SHALL BE APPOINTED BY THE GOVERNOR, TWO SHALL BE APPOINTED
BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO SHALL BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, TWO SHALL BE APPOINTED BY THE MINORITY LEADER
OF THE SENATE AND TWO SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY. OF THE TWO MEMBERS APPOINTED BY EACH APPOINTING AUTHORITY, ONE
MEMBER SHALL HAVE EXPERTISE OF WORK AS A PROFESSIONAL IN THE FIELD OF
AUTISM AND ONE MEMBER SHALL BE A FAMILY ADVOCATE OR SELF-ADVOCATE IN THE
COMMUNITY THAT SUCH ADVOCATE RESIDES. A REPRESENTATIVE FROM EACH OF THE
FOLLOWING STATE AGENCIES SHALL SERVE EX OFFICIO: THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES; THE DEPARTMENT OF EDUCATION; THE OFFICE
OF MENTAL HEALTH; THE OFFICE OF CHILDREN AND FAMILY SERVICES; THE
DEPARTMENT; THE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS
WITH DISABILITIES; THE DEVELOPMENTAL PLANNING COUNCIL; THE COUNCIL ON
CHILDREN AND FAMILY SERVICES; AND THE OFFICE OF VOCATIONAL AND EDUCA-
TIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES. THE CHAIR OF THE
BOARD SHALL BE SELECTED BY THE GOVERNOR.
3. MEMBERS OF THE BOARD SHALL SERVE AT THE PLEASURE OF THE APPOINTING
AUTHORITY. VACANCIES ON THE BOARD SHALL BE FILLED IN THE SAME MANNER AS
THE ORIGINAL APPOINTMENT. MEMBERS OF THE BOARD SHALL RECEIVE NO COMPEN-
SATION, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES WITHIN AMOUNTS APPROPRIATED
THEREFOR.
4. SUCH BOARD SHALL MEET AT LEAST QUARTERLY. SPECIAL MEETINGS MAY BE
CALLED BY THE CHAIR. THE AGENDA AND MEETING PLACE OF ALL REGULAR OR
SPECIAL MEETINGS SHALL BE MADE AVAILABLE TO THE PUBLIC IN ADVANCE OF
SUCH MEETINGS.
S 2. This act shall take effect immediately.