S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7131
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2017
                                ___________
 
 Introduced by M. of A. CUSICK, ABINANTI -- read once and referred 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.
   §  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.
   § 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.
              

                                                            LBD06278-01-7

 A. 7131                             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.
   § 2499-C. REGISTRY AND REPORTING REQUIREMENTS.  1. THE DEPARTMENT,  IN
 CONSULTATION WITH THE OFFICE FOR PEOPLE WITH 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 PROBLEM, AND TO PLAN FOR
 AND PROVIDE SERVICES TO CHILDREN  WITH  AUTISM  SPECTRUM  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 FOR PEOPLE WITH 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  PROFESSIONAL
 PROVIDING  INFORMATION  TO THE DEPARTMENT PURSUANT TO THIS ARTICLE SHALL
 NOT BE DEEMED TO BE OR HELD LIABLE FOR DIVULGING  CONFIDENTIAL  INFORMA-
 TION.
   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.
   § 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.