Bill Text: NY S01506 | 2015-2016 | 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 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S01506 Detail]

Download: New_York-2015-S01506-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1506
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed 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
   24  IS AFFECTED WITH AUTISM SPECTRUM DISORDER SHALL REPORT SUCH DIAGNOSIS TO
   25  THE DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03211-01-5
       S. 1506                             2
    1    2.  SUCH REPORT SHALL BE MADE IN WRITING AND SHALL INCLUDE, BUT NOT BE
    2  LIMITED TO, THE NAME AND ADDRESS OF THE PERSON  SUBMITTING  THE  REPORT,
    3  THE  NAME,  AGE  AND ADDRESS OF THE CHILD DIAGNOSED WITH AUTISM SPECTRUM
    4  DISORDER, AND ANY OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY  THE
    5  COMMISSIONER,  EXCEPT  THAT IF THE CHILD'S PARENT OR GUARDIAN OBJECTS TO
    6  THE REPORTING OF THE CHILD'S DIAGNOSIS FOR ANY REASON, THE REPORT  SHALL
    7  NOT INCLUDE ANY INFORMATION THAT COULD BE USED TO IDENTIFY THE CHILD.
    8    3.  THE  COMMISSIONER SHALL SPECIFY PROCEDURES FOR HEALTH CARE PROFES-
    9  SIONALS TO INFORM CHILDREN'S PARENTS AND GUARDIANS OF  THE  REQUIREMENTS
   10  OF  THIS  SECTION, THE PURPOSE OF INCLUDING THIS INFORMATION IN A REGIS-
   11  TRY, AND THE OPTION TO REFUSE TO PERMIT THE REPORTING OF ANY INFORMATION
   12  THAT COULD BE USED TO IDENTIFY A CHILD.
   13    S 2499-C. REGISTRY AND REPORTING REQUIREMENTS.  1. THE DEPARTMENT,  IN
   14  CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
   15  SHALL  ESTABLISH AND MAINTAIN AN UP-TO-DATE REGISTRY WHICH SHALL INCLUDE
   16  A RECORD OF ALL REPORTED CASES OF AUTISM SPECTRUM DISORDER THAT OCCUR IN
   17  THE STATE AND ANY OTHER INFORMATION IT DEEMS RELEVANT AND APPROPRIATE IN
   18  ORDER TO CONDUCT THOROUGH AND COMPLETE EPIDEMIOLOGIC SURVEYS  OF  AUTISM
   19  SPECTRUM  DISORDERS, TO ENABLE ANALYSIS OF THIS PROBLEM, AND TO PLAN FOR
   20  AND PROVIDE SERVICES TO CHILDREN  WITH  AUTISM  SPECTRUM  DISORDERS  AND
   21  THEIR FAMILIES.
   22    2.  THE  REPORTS  MADE PURSUANT TO THIS ARTICLE ARE TO BE USED ONLY BY
   23  THE DEPARTMENT AND OTHER AGENCIES AS MAY BE DESIGNATED  BY  THE  COMMIS-
   24  SIONER,  INCLUDING THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
   25  AND THE EDUCATION DEPARTMENT, AND SHALL NOT  OTHERWISE  BE  DIVULGED  OR
   26  MADE  PUBLIC  SO  AS TO DISCLOSE THE IDENTITY OF THE PERSON TO WHOM THEY
   27  RELATE. A PHYSICIAN, PSYCHOLOGIST  OR  OTHER  HEALTH  CARE  PROFESSIONAL
   28  PROVIDING  INFORMATION  TO THE DEPARTMENT PURSUANT TO THIS ARTICLE SHALL
   29  NOT BE DEEMED TO BE OR HELD LIABLE FOR DIVULGING  CONFIDENTIAL  INFORMA-
   30  TION.
   31    3.  NOTHING  IN  THIS ARTICLE SHALL BE CONSTRUED TO COMPEL A CHILD WHO
   32  HAS BEEN REPORTED AS AFFECTED WITH AN AUTISM SPECTRUM DISORDER TO SUBMIT
   33  TO A MEDICAL OR HEALTH EXAMINATION, OR SUPERVISION BY THE DEPARTMENT.
   34    S 3. This act shall take effect on the one hundred twentieth day after
   35  it shall have become a law. Provided that the commissioner of health  is
   36  authorized  to promulgate any and all rules and regulations and take any
   37  other measures necessary to implement this act on its effective date  on
   38  or before such date.