S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9465
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred 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
   twelve  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 Section 2500-j of the public health law is REPEALED.
   § 2. The public health law is amended by adding a new  section  2500-m
 to read as follows:
   §  2500-M.  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 TWENTY-FIVE, PROMULGATE  RULES  AND  REGULATIONS
 REQUIRING  EVERY  PEDIATRIC PRIMARY CARE PROVIDER, CONDUCTING A WELLNESS
 AND PREVENTATIVE CARE EXAMINATION, ON  OR  AFTER  SEPTEMBER  FIRST,  TWO
 THOUSAND  TWENTY-FIVE,  OF  A  CHILD  TWELVE  MONTHS OF AGE OR OLDER, TO
 SCREEN SUCH CHILD  FOR  AUTISM  SPECTRUM  DISORDERS,  AND  CONDUCT  SUCH
 SCREENING  ANNUALLY  UNTIL  SUCH  CHILD  REACHES PRIMARY SCHOOL AGE, AND
 THEREAFTER AT THE BEGINNING OF EVERY EDUCATIONAL  STAGE,  NAMELY  MIDDLE
 AND HIGH SCHOOL.
   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.
                                                            LBD06016-03-4
              

 A. 9465                             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 TWENTY-FIVE, 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 THERE-
 TO.
   §  3.  The mental hygiene law is amended by adding a new section 16.39
 to read as follows:
 § 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 TWENTY-FIVE, PROMULGATE ANY AND ALL
 RULES AND REGULATIONS REQUIRED BY SUBDIVISIONS ONE AND  TWO  OF  SECTION
 TWENTY-FIVE HUNDRED-M OF THE PUBLIC HEALTH LAW RELATING TO THE SCREENING
 OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
   §  4.  This act shall take effect immediately, except that section one
 of this act shall take effect September 1, 2025.