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

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4741--C

                               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  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- 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:]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06016-07-4
        S. 4741--C                          2

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