Bill Text: NY A00136 | 2013-2014 | General Assembly | Introduced

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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

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                           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.