Senate Bill S4650

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4650
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to mental health  certif-
   icates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The section heading of section 903 of the education law, as
 amended by chapter 281 of the laws of 2007, is amended and a new  subdi-
 vision 2-a is added to read as follows:
   Students  to furnish health certificates[; and], dental health certif-
 icates, AND MENTAL HEALTH CERTIFICATES.
   2-A. A. A MENTAL HEALTH  CERTIFICATE  SHALL  BE  REQUESTED  FROM  EACH
 STUDENT.  EACH  STUDENT  IS REQUESTED TO FURNISH A MENTAL HEALTH CERTIF-
 ICATE AT THE SAME TIME  THAT  HEALTH  CERTIFICATES  ARE  REQUIRED.    AN
 ASSESSMENT  AND  MENTAL  HEALTH HISTORY OF ANY CHILD MAY BE REQUESTED BY
 THE LOCAL SCHOOL AUTHORITIES AT ANY TIME IN THEIR DISCRETION TO  PROMOTE
 THE  EDUCATIONAL  INTERESTS  OF  SUCH  CHILD.  EACH CERTIFICATE SHALL BE
 SIGNED BY A  DULY  LICENSED  PHYSICIAN,  PSYCHOLOGIST,  PSYCHIATRIST  OR
 LICENSED  CLINICAL SOCIAL WORKER WHO IS AUTHORIZED BY LAW TO PRACTICE IN
 THIS STATE, AND CONSISTENT WITH ANY APPLICABLE WRITTEN  PRACTICE  AGREE-
 MENT,  OR  BY  A  DULY LICENSED PHYSICIAN, PSYCHOLOGIST, PSYCHIATRIST OR
 LICENSED CLINICAL SOCIAL WORKER WHO IS AUTHORIZED  TO  PRACTICE  IN  THE
 JURISDICTION  IN  WHICH  THE  ASSESSMENT  WAS  GIVEN,  PROVIDED THAT THE
 COMMISSIONER HAS DETERMINED THAT  SUCH  JURISDICTION  HAS  STANDARDS  OF
 LICENSURE  AND  PRACTICE  COMPARABLE  TO  THOSE  OF  NEW YORK. EACH SUCH
 CERTIFICATE SHALL DESCRIBE THE MENTAL HEALTH CONDITION  OF  THE  STUDENT
 WHEN THE ASSESSMENT WAS MADE, WHICH SHALL NOT BE MORE THAN TWELVE MONTHS
 PRIOR  TO THE COMMENCEMENT OF THE SCHOOL YEAR IN WHICH THE ASSESSMENT IS
 REQUESTED, AND SHALL STATE WHETHER SUCH STUDENT IS IN FIT  CONDITION  OF
 MENTAL HEALTH TO PERMIT SUCH STUDENT'S ATTENDANCE AT THE PUBLIC SCHOOL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07548-01-5
 S. 4650                             2
              

 
   B.  A  NOTICE  OF  REQUEST  FOR  MENTAL  HEALTH  CERTIFICATES SHALL BE
 DISTRIBUTED AT THE  SAME  TIME  THAT  PARENTS  OR  PERSONS  IN  PARENTAL
 RELATIONSHIP TO STUDENTS ARE NOTIFIED OF HEALTH EXAMINATION REQUIREMENTS
 AND  SHALL  STATE  THAT  A  LIST OF MENTAL HEALTH PRACTICES, PHYSICIANS,
 PSYCHOLOGISTS,  PSYCHIATRISTS  AND  LICENSED  CLINICAL SOCIAL WORKERS TO
 WHICH CHILDREN MAY BE REFERRED FOR MENTAL HEALTH SERVICES ON A  FREE  OR
 REDUCED  COST BASIS IS AVAILABLE UPON REQUEST AT THE CHILD'S SCHOOL. THE
 DEPARTMENT SHALL,  IN  COLLABORATION  WITH  THE  DEPARTMENT  OF  HEALTH,
 COMPILE  AND  MAINTAIN  A  LIST  OF MENTAL HEALTH PRACTICES, PHYSICIANS,
 PSYCHOLOGISTS, PSYCHIATRISTS AND LICENSED  CLINICAL  SOCIAL  WORKERS  TO
 WHICH  CHILDREN  MAY BE REFERRED FOR MENTAL HEALTH SERVICES ON A FREE OR
 REDUCED COST BASIS. SUCH LIST SHALL BE  MADE  AVAILABLE  TO  ALL  PUBLIC
 SCHOOLS  AND  BE  MADE  AVAILABLE  TO  PARENTS  OR  PERSONS  IN PARENTAL
 RELATIONSHIP UPON REQUEST. THE DEPARTMENT SHALL  PROMULGATE  REGULATIONS
 TO  ENSURE  THE GATHERING AND DISSEMINATION OF THE PROPER INFORMATION TO
 INTERESTED PARTIES.
   § 2. This act shall take effect the first of July next succeeding  the
 date on which it shall have become a law.