Bill Text: NY A00136 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires health care professionals to report any diagnosis of autism spectrum disorder to a registry maintained by the department of health.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to health [A00136 Detail]
Download: New_York-2013-A00136-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 136 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. CUSICK, ABINANTI -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to autism spectrum disorder reporting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature finds that there is a 2 clear need for great accuracy in reporting and gathering epidemiologic 3 data on the incidence of autism spectrum disorders in New York state. 4 Further, the legislature finds that the state currently requires that a 5 number of other conditions, including cancer and birth defects, be 6 reported and maintained in a central registry. A similar registry 7 requirement for reporting diagnoses of autism spectrum disorders and 8 maintaining such information is needed to improve the current knowledge 9 and understanding of autism, to conduct thorough and complete epidemio- 10 logic surveys of the disorder, to enable analysis of this problem, and 11 to plan for and provide services to children with autism spectrum disor- 12 ders and their families. 13 S 2. The public health law is amended by adding a new article 24-F to 14 read as follows: 15 ARTICLE 24-F 16 AUTISM SPECTRUM DISORDER REPORTING 17 SECTION 2499-B. AUTISM SPECTRUM DISORDER; DUTY TO REPORT. 18 2499-C. REGISTRY AND REPORTING REQUIREMENTS. 19 S 2499-B. AUTISM SPECTRUM DISORDER; DUTY TO REPORT. 1. EVERY PHYSICIAN 20 OR PSYCHOLOGIST LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF 21 THE EDUCATION LAW, AND ANY OTHER HEALTH CARE PROFESSIONAL LICENSED 22 PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHO IS QUALIFIED BY TRAIN- 23 ING TO MAKE THE DIAGNOSIS AND WHO THEN MAKES THE DIAGNOSIS THAT A CHILD EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00776-01-3 A. 136 2 1 IS AFFECTED WITH AUTISM SPECTRUM DISORDER SHALL REPORT SUCH DIAGNOSIS TO 2 THE DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER. 3 2. SUCH REPORT SHALL BE MADE IN WRITING AND SHALL INCLUDE, BUT NOT BE 4 LIMITED TO, THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE REPORT, 5 THE NAME, AGE AND ADDRESS OF THE CHILD DIAGNOSED WITH AUTISM SPECTRUM 6 DISORDER, AND ANY OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY THE 7 COMMISSIONER, EXCEPT THAT IF THE CHILD'S PARENT OR GUARDIAN OBJECTS TO 8 THE REPORTING OF THE CHILD'S DIAGNOSIS FOR ANY REASON, THE REPORT SHALL 9 NOT INCLUDE ANY INFORMATION THAT COULD BE USED TO IDENTIFY THE CHILD. 10 3. THE COMMISSIONER SHALL SPECIFY PROCEDURES FOR HEALTH CARE PROFES- 11 SIONALS TO INFORM CHILDREN'S PARENTS AND GUARDIANS OF THE REQUIREMENTS 12 OF THIS SECTION, THE PURPOSE OF INCLUDING THIS INFORMATION IN A REGIS- 13 TRY, AND THE OPTION TO REFUSE TO PERMIT THE REPORTING OF ANY INFORMATION 14 THAT COULD BE USED TO IDENTIFY A CHILD. 15 S 2499-C. REGISTRY AND REPORTING REQUIREMENTS. 1. THE DEPARTMENT, IN 16 CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, 17 SHALL ESTABLISH AND MAINTAIN AN UP-TO-DATE REGISTRY WHICH SHALL INCLUDE 18 A RECORD OF ALL REPORTED CASES OF AUTISM SPECTRUM DISORDER THAT OCCUR IN 19 THE STATE AND ANY OTHER INFORMATION IT DEEMS RELEVANT AND APPROPRIATE IN 20 ORDER TO CONDUCT THOROUGH AND COMPLETE EPIDEMIOLOGIC SURVEYS OF AUTISM 21 SPECTRUM DISORDERS, TO ENABLE ANALYSIS OF THIS PROBLEM, AND TO PLAN FOR 22 AND PROVIDE SERVICES TO CHILDREN WITH AUTISM SPECTRUM DISORDERS AND 23 THEIR FAMILIES. 24 2. THE REPORTS MADE PURSUANT TO THIS ARTICLE ARE TO BE USED ONLY BY 25 THE DEPARTMENT AND OTHER AGENCIES AS MAY BE DESIGNATED BY THE COMMIS- 26 SIONER, INCLUDING THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES 27 AND THE EDUCATION DEPARTMENT, AND SHALL NOT OTHERWISE BE DIVULGED OR 28 MADE PUBLIC SO AS TO DISCLOSE THE IDENTITY OF THE PERSON TO WHOM THEY 29 RELATE. A PHYSICIAN, PSYCHOLOGIST OR OTHER HEALTH CARE PROFESSIONAL 30 PROVIDING INFORMATION TO THE DEPARTMENT PURSUANT TO THIS ARTICLE SHALL 31 NOT BE DEEMED TO BE OR HELD LIABLE FOR DIVULGING CONFIDENTIAL INFORMA- 32 TION. 33 3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO COMPEL A CHILD WHO 34 HAS BEEN REPORTED AS AFFECTED WITH AN AUTISM SPECTRUM DISORDER TO SUBMIT 35 TO A MEDICAL OR HEALTH EXAMINATION, OR SUPERVISION BY THE DEPARTMENT. 36 S 3. This act shall take effect on the one hundred twentieth day after 37 it shall have become a law. Provided that the commissioner of health is 38 authorized to promulgate any and all rules and regulations and take any 39 other measures necessary to implement this act on its effective date on 40 or before such date.