Bill Text: NY S04741 | 2023-2024 | General Assembly | Amended

New York Senate Bill 4741

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Directs the commissioner of health and commissioner of the office for people with developmental disabilities to jointly promulgate rules and regulations requiring pediatric health care providers to screen children beginning at the age of 12 months for autism spectrum disorders during each wellness and preventative care examination and to conduct such screening annually until such child reaches age six, and thereafter at eleven and fourteen years of age.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-22 - PRINT NUMBER 4741C [S04741 Detail]

Download: New_York-2023-S04741-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         4741--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law and the  mental  hygiene  law,  in
          relation  to directing the commissioner of health and the commissioner
          of the office for people with developmental disabilities to promulgate
          rules and regulations requiring every child beginning at  the  age  of
          twelve months to be examined for autism spectrum disorders

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2500-j of the public health law, as added by  chap-
     2  ter  335  of the laws of 2008, the opening paragraph of subdivision 1 as
     3  amended by chapter 241 of the laws  of  2018,  is  amended  to  read  as
     4  follows:
     5    § 2500-j. [Autism spectrum disorders; screening of children] Pediatric
     6  wellness visits; screening for autism spectrum disorders. 1. The commis-
     7  sioner  shall  [establish, for use by], jointly with the commissioner of
     8  the office for people with developmental disabilities, and on or  before
     9  May  first,  two  thousand twenty-five, promulgate rules and regulations
    10  requiring every pediatric primary care [providers, best practice  proto-
    11  cols  for  early  screening  of  children for autism spectrum disorders,
    12  including but not limited to developmental screening for children  three
    13  years  of  age and under. Such protocols shall incorporate standards and
    14  guidelines established by the American Academy of Pediatrics,  shall  be
    15  updated  at least biennially, and shall include, but not be limited to:]
    16  provider, conducting a wellness and preventative care examination, on or
    17  after September first, two  thousand  twenty-five,  of  a  child  twelve
    18  months  of age or older, to screen such child for autism spectrum disor-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06016-04-4

        S. 4741--B                          2

     1  ders, and conduct such screening annually until the  child  reaches  six
     2  years of age, and thereafter at eleven and fourteen years of age.
     3    2.  In addition, such rules and regulations shall establish guidelines
     4  and protocols for:
     5    (a) the best practices for the screening for and diagnosis  of  autism
     6  spectrum disorders;
     7    (b)  the  routine  employment  of  objective  autism spectrum disorder
     8  screening tools [at regular intervals during critical childhood develop-
     9  mental stages;
    10    (b) a provider/parental dialogue, utilizing the modified checklist for
    11  autism in toddlers as a reference, intended to educate parents in regard
    12  to autism spectrum disorders]; and
    13    (c) an appropriate referral mechanism for  children  who,  based  upon
    14  results  of the aforementioned screening process, require further evalu-
    15  ation.
    16    [2. The modified checklist for  autism  in  toddlers  referred  to  in
    17  subdivision one of this section shall be accessible by the public on the
    18  department's internet website.
    19    3.  The commissioner shall promulgate any rules and regulations neces-
    20  sary to implement the provisions of this section.] 3. If the commission-
    21  er and the commissioner of the  office  for  people  with  developmental
    22  disabilities shall fail to promulgate, on or before May first, two thou-
    23  sand twenty-five, the rules and regulations required by subdivisions one
    24  and  two  of  this section, the department shall adopt and implement the
    25  relevant federal rules and regulations relating thereto.
    26    § 2. The mental hygiene law is amended by adding a new  section  16.39
    27  to read as follows:
    28  § 16.39 Pediatric  wellness visits; screening for autism spectrum disor-
    29            ders.
    30    The commissioner shall, jointly with the commissioner of  health,  and
    31  on or before May first, two thousand twenty-five, promulgate any and all
    32  rules  and  regulations  required by subdivisions one and two of section
    33  twenty-five hundred-m of the public health law relating to the screening
    34  of children for autism spectrum disorders.
    35    § 3. This act shall take effect immediately.