S T A T E O F N E W Y O R K
________________________________________________________________________
6825
2023-2024 Regular Sessions
I N A S S E M B L Y
May 8, 2023
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Education
AN ACT to amend the education law and the public health law, in relation
to requiring annual screenings for depression of students in grades
seven through twelve
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 905-a
to read as follows:
§ 905-A. SCREENING EXAMINATION FOR DEPRESSION. 1. THE DIRECTOR OF
SCHOOL HEALTH SERVICES OF EACH SCHOOL DISTRICT IN THIS STATE THAT IS
REQUIRED TO PROVIDE SCHOOL HEALTH SERVICES, OR THE HEALTH DEPARTMENT OR
AGENCY OTHERWISE RESPONSIBLE TO PROVIDE SUCH SERVICES, SHALL CONDUCT
ANNUAL SCREENING EXAMINATIONS FOR DEPRESSION OF ALL STUDENTS IN GRADES
SEVEN THROUGH TWELVE. THE SCREENING SHALL BE ADMINISTERED BY A QUALIFIED
PROFESSIONAL AND SHALL CONSIST OF THE PATIENT HEALTH QUESTIONNAIRE 2 OR
AN EQUIVALENT DEPRESSION SCREENING TOOL, AS DETERMINED BY THE COMMIS-
SIONER, WITH THE ASSISTANCE OF THE COMMISSIONER OF HEALTH. THE SCREEN-
INGS SHALL BE CONDUCTED IN A MANNER THAT ENSURES THE PRIVACY OF THE
STUDENT DURING THE SCREENING PROCESS AND THE CONFIDENTIALITY OF THE
RESULTS CONSISTENT WITH STATE AND FEDERAL LAWS APPLICABLE TO THE CONFI-
DENTIALITY OF STUDENT RECORDS. THE DEPARTMENT, WITH THE ASSISTANCE OF
THE DEPARTMENT OF HEALTH, SHALL ESTABLISH STANDARDS ON THE PROCEDURES TO
BE IMPLEMENTED TO CONDUCT THE SCREENINGS FOR DEPRESSION AND PROVIDE FOR
OTHER SCREENING TOOLS, INCLUDING, BUT NOT LIMITED TO, A SCREENING TOOL
FOR ANXIETY, SUCH AS THE GENERALIZED ANXIETY DISORDER 7 OR AN EQUIVALENT
ANXIETY SCREENING TOOL, AS DETERMINED BY THE COMMISSIONER, WITH THE
ASSISTANCE OF THE COMMISSIONER OF HEALTH.
2. THE POSITIVE RESULTS OF ANY SUCH SCREENING EXAMINATIONS OF STUDENTS
FOR DEPRESSION SHALL BE IN WRITING AND THE PARENT OF, OR PERSON IN
PARENTAL RELATION TO, ANY CHILD WHOSE SCREENING FOR DEPRESSION DETECTS A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06618-01-3
A. 6825 2
SUSPECTED DEVIATION FROM THE RECOMMENDED STANDARD SHALL BE ADVISED OF
SUCH RESULTS BY THE SCHOOL AUTHORITIES WITHIN NINETY DAYS AFTER SUCH
DETECTION OF A SUSPECTED DEVIATION IS MADE. THE SCHOOL AUTHORITIES SHALL
INFORM THE PARENT, OR PERSON IN PARENTAL RELATION, THAT THE SCREENING IS
NOT A DIAGNOSIS AND SHALL ENCOURAGE THE PARENT, OR PERSON IN PARENTAL
RELATION, TO SHARE THE RESULTS OF THE SCREENING WITH THE STUDENT'S
PRIMARY CARE PHYSICIAN.
3. THE SCHOOL AUTHORITIES SHALL FORWARD DATA COLLECTED FROM SCREENINGS
ADMINISTERED PURSUANT TO THIS SECTION TO THE DEPARTMENT AND THE DEPART-
MENT OF HEALTH, PROVIDED THAT ANY DATA FORWARDED SHALL BE AGGREGATED AND
SHALL NOT CONTAIN ANY IDENTIFYING OR CONFIDENTIAL INFORMATION WITH
REGARD TO ANY INDIVIDUAL. DATA COLLECTED BY THE DEPARTMENTS PURSUANT TO
THIS SUBDIVISION SHALL BE USED BY THE DEPARTMENTS TO IDENTIFY STATEWIDE
TRENDS CONCERNING TEENAGE DEPRESSION AND TO DEVELOP SCHOOL AND COMMUNITY
BASED INITIATIVES TO ADDRESS TEENAGE DEPRESSION.
4. AS USED IN THIS SECTION, "QUALIFIED PROFESSIONAL" MEANS A SCHOOL
PSYCHOLOGIST, SCHOOL NURSE, SCHOOL COUNSELOR, STUDENT ASSISTANCE COORDI-
NATOR, SCHOOL SOCIAL WORKER, OR PHYSICIAN.
§ 2. Section 206 of the public health law is amended by adding a new
subdivision 32 to read as follows:
32. THE COMMISSIONER SHALL ASSIST THE COMMISSIONER OF EDUCATION IN
DEVELOPING RULES AND REGULATIONS RELATING TO THE ANNUAL SCREENING FOR
DEPRESSION OF STUDENTS IN GRADES SEVEN THROUGH TWELVE, IN ACCORDANCE
WITH SECTION NINE HUNDRED FIVE-A OF THE EDUCATION LAW.
§ 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.