Bill Text: NY S05985 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to establishing a universal child health passport; the holders of such passport universally consent to the transfer or release of pertinent records and/or information to certain groups without individual consent of the parent or guardian of such child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S05985 Detail]

Download: New_York-2009-S05985-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5985
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     June 19, 2009
                                      ___________
       Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the mental  hygiene  law,  in  relation  to  creating  a
         universal child health passport
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Title B of the mental hygiene law is amended  by  adding  a
    2  new article 6 to read as follows:
    3                                  ARTICLE 6
    4                       UNIVERSAL CHILD HEALTH PASSPORT
    5  SECTION 6.01 UNIVERSAL CHILD HEALTH PASSPORT.
    6          6.02 PERTINENT  RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER
    7                 OR RELEASE.
    8          6.03 GROUPS ELIGIBLE  TO  RECEIVE  OR  SHARE  PERTINENT  RECORDS
    9                 AND/OR INFORMATION.
   10          6.04 RIGHTS RESERVED.
   11  S 6.01 UNIVERSAL CHILD HEALTH PASSPORT.
   12    1.  THE  COMMISSIONER  IS HEREBY AUTHORIZED AND DIRECTED TO CREATE AND
   13  IMPLEMENT A UNIVERSAL CHILD HEALTH PASSPORT, WHICH  SHALL  ALLOW  MENTAL
   14  HEALTH  PATIENTS  TO  UNIVERSALLY  CONSENT TO THE TRANSFER OR RELEASE OF
   15  PERTINENT RECORDS AND/OR INFORMATION TO CERTAIN GROUPS.
   16    2. TO BE EFFECTIVE, THE PASSPORT SHALL BE  SIGNED  BY  THE  PARENT  OR
   17  LEGAL GUARDIAN OF THE CHILD, WHO IS THE RECIPIENT OF SUCH PASSPORT.
   18    3.  SUCH PASSPORT SHALL HAVE A ONE YEAR EXPIRATION DATE, FROM THE DATE
   19  THE PASSPORT WAS ISSUED, AND SHALL REQUIRE RENEWAL EVERY YEAR  THEREAFT-
   20  ER.
   21  S 6.02 PERTINENT  RECORDS  AND/OR  INFORMATION  ELIGIBLE FOR TRANSFER OR
   22           RELEASE.
   23    PERTINENT RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER OR  RELEASE
   24  SHALL INCLUDE:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11927-01-9
       S. 5985                             2
    1    1. ANY INDIVIDUALIZED EDUCATION PROGRAM WHICH INCLUDES AN INTELLIGENCE
    2  QUOTIENT OR EDUCATIONAL TESTING COMPONENT;
    3    2. MEDICAL AND MENTAL HEALTH TREATMENT RECORDS;
    4    3. CONTACT INFORMATION; AND
    5    4. ANY ESTABLISHED CRISIS OR SAFETY PLAN IF AVAILABLE.
    6  S 6.03 GROUPS  ELIGIBLE  TO  RECEIVE  OR  SHARE PERTINENT RECORDS AND/OR
    7           INFORMATION.
    8    GROUPS ELIGIBLE TO RECEIVE OR  SHARE  SUCH  PERTINENT  RECORDS  AND/OR
    9  INFORMATION  SHALL  INCLUDE BUT SHALL NOT BE LIMITED TO, SERVICE PROVID-
   10  ERS, SUCH  AS  CLINICS,  LICENSED  PROFESSIONALS,  HOSPITALS,  EMERGENCY
   11  ROOMS,  APPROPRIATE  SCHOOL PERSONNEL, CRISIS INTERVENTION SERVICES, AND
   12  ANY OTHER PERSON WHO DEEMS THIS INFORMATION VITAL TO  PROVIDE  SAFE  AND
   13  APPROPRIATE CARE IN A CRISIS SITUATION.
   14  S 6.04 RIGHTS RESERVED.
   15    THE  PARENT  OR GUARDIAN OF A HOLDER OF A UNIVERSAL CHILD HEALTH PASS-
   16  PORT, SHALL RESERVE THE RIGHT TO ELIMINATE  ANY  PART  OF  THE  HOLDER'S
   17  MEDICAL HISTORY FROM THE INFORMATION TO BE TRANSFERRED OR RELEASED.
   18    S 2. This act shall take effect on the one hundred twentieth day after
   19  it shall have become a law.