Senate Bill S4741C

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4741
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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 developmental disabilities  to  promulgate  rules  and  regulations
   requiring  every  child  beginning at the age of eighteen 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 Section 2500-j of the public health law is REPEALED.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-l
 to read as follows:
   § 2500-L. PEDIATRIC WELLNESS VISITS;  SCREENING  FOR  AUTISM  SPECTRUM
 DISORDERS.  1.  THE COMMISSIONER SHALL, JOINTLY WITH THE COMMISSIONER OF
 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 EXAM-
 INATION, ON OR AFTER SEPTEMBER FIRST, TWO  THOUSAND  TWENTY-FIVE,  OF  A
 CHILD  EIGHTEEN  MONTHS OF AGE OR OLDER, TO SCREEN SUCH CHILD FOR AUTISM
 SPECTRUM DISORDERS.
   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.
                                                            LBD06016-01-3
 S. 4741                             2
              

 
   3. IF THE COMMISSIONER AND THE COMMISSIONER OF DEVELOPMENTAL DISABILI-
 TIES 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  RELE-
 VANT FEDERAL RULES AND REGULATIONS RELATING THERETO.
   §  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-L 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4741--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06016-02-4
 S. 4741--A                          2
              

 
   (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.
   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4741--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 
   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, as added by  chap-
 ter  335  of the laws of 2008, the opening paragraph of subdivision 1 as
 amended by chapter 241 of the laws  of  2018,  is  amended  to  read  as
 follows:
   § 2500-j. [Autism spectrum disorders; screening of children] PEDIATRIC
 WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM DISORDERS. 1. The commis-
 sioner  shall  [establish, for use by], 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 [providers, best practice  proto-
 cols  for  early  screening  of  children for autism spectrum disorders,
 including but not limited to developmental screening for children  three
 years  of  age and under. Such protocols shall incorporate standards and
 guidelines established by the American Academy of Pediatrics,  shall  be
 updated  at least biennially, and shall include, but not be limited to:]
 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 DISOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06016-04-4
              

 S. 4741--B                          2
 
 DERS, AND CONDUCT SUCH SCREENING ANNUALLY UNTIL THE  CHILD  REACHES  SIX
 YEARS OF AGE, AND THEREAFTER AT ELEVEN AND FOURTEEN YEARS OF AGE.
   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  routine  employment  of  objective  autism spectrum disorder
 screening tools [at regular intervals during critical childhood develop-
 mental stages;
   (b) a provider/parental dialogue, utilizing the modified checklist for
 autism in toddlers as a reference, intended to educate parents in regard
 to autism spectrum disorders]; and
   (c) an appropriate referral mechanism for  children  who,  based  upon
 results  of the aforementioned screening process, require further evalu-
 ation.
   [2. The modified checklist for  autism  in  toddlers  referred  to  in
 subdivision one of this section shall be accessible by the public on the
 department's internet website.
   3.  The commissioner shall promulgate any rules and regulations neces-
 sary to implement the provisions of this section.] 3. IF THE COMMISSION-
 ER AND THE COMMISSIONER OF THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES SHALL FAIL TO PROMULGATE, ON OR BEFORE MAY FIRST, TWO THOU-
 SAND 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 THERETO.
   § 2. 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.
   § 3. This act shall take effect immediately.