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Senate Bill S382A

2025-2026 Legislative Session

Relates to adding fetal alcohol spectrum disorders to the definition of developmental disability

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Current Bill Status - In Senate Committee Disabilities Committee

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Bill Amendments

co-Sponsors

2025-S382 - Details

See Assembly Version of this Bill:
A999
Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §1.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2021-2022: S7672, A9096
2023-2024: S1866, A2297

2025-S382 - Summary

Adds fetal alcohol spectrum disorders to the definition of developmental disability.

2025-S382 - Sponsor Memo

2025-S382 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    382
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  BROUK, ASHBY, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL,
   MARTINEZ -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Disabilities
 
 AN  ACT  to    amend the mental hygiene law, in relation to adding fetal
   alcohol spectrum disorders  to the definition of  developmental  disa-
   bility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1  of  paragraph  (a)  of  subdivision  22  of
 section 1.03 of the mental hygiene law, as amended by chapter 114 of the
 laws of 2017, is amended to read as follows:
   (1)  is  attributable  to  intellectual  disability,  cerebral  palsy,
 epilepsy, neurological impairment, familial  dysautonomia,  Prader-Willi
 syndrome,  FETAL  ALCOHOL  SPECTRUM  DISORDERS  INCLUDING  FETAL ALCOHOL
 SYNDROME, PARTIAL FETAL ALCOHOL  SYNDROME  (PFAS),  AND  ALCOHOL-RELATED
 NEURODEVELOPMENTAL DISORDER (ARND), or autism;
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01248-01-5

co-Sponsors

2025-S382A (ACTIVE) - Details

See Assembly Version of this Bill:
A999
Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §1.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2021-2022: S7672, A9096
2023-2024: S1866, A2297

2025-S382A (ACTIVE) - Summary

Adds fetal alcohol spectrum disorders to the definition of developmental disability.

2025-S382A (ACTIVE) - Sponsor Memo

2025-S382A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  382--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  BROUK, ASHBY, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL,
   MARTINEZ -- read twice and ordered printed, and  when  printed  to  be
   committed  to  the  Committee on Disabilities -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to    amend the mental hygiene law, in relation to adding fetal
   alcohol spectrum disorders  to the definition of  developmental  disa-
   bility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1  of  paragraph  (a)  of  subdivision  22  of
 section 1.03 of the mental hygiene law, as amended by chapter 114 of the
 laws of 2017, is amended to read as follows:
   (1)  (I)  is  attributable to intellectual disability, cerebral palsy,
 epilepsy, neurological impairment, familial  dysautonomia,  Prader-Willi
 syndrome  or  autism;  OR (II) IS ATTRIBUTABLE TO FETAL ALCOHOL SPECTRUM
 DISORDERS (FASD) INCLUDING FETAL ALCOHOL SYNDROME (FAS),  PARTIAL  FETAL
 ALCOHOL SYNDROME (PFAS), AND ALCOHOL-RELATED NEURODEVELOPMENTAL DISORDER
 (ARND),  PROVIDED,  HOWEVER,  THAT  FOR  THE  PURPOSES  OF THIS SECTION,
 PERSONS SO CONSIDERED UNDER THIS CLAUSE SHALL:
   (A) BE OVER THE AGE OF SEVEN YEARS;
   (B) HAVE AN FASD QUALIFYING DIAGNOSIS BY A PROVIDER;
   (C) HAVE AN ONSET OF SUCH CONDITION, DISORDER, OR  SYNDROME  PRIOR  TO
 THE AGE OF TWENTY-TWO;
   (D) EXHIBIT A LIKELIHOOD OF INDEFINITE CONTINUATION OF SUCH CONDITION,
 DISORDER, OR SYNDROME; AND
   (E)  SUCH  DIAGNOSIS  MUST  HAVE  A SUBSTANTIAL IMPACT ON THE PERSON'S
 ABILITY TO COMPLETE ACTIVITIES OF DAILY LIVING;
   § 2. This act shall take effect twenty-four months after it shall have
 become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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