S T A T E   O F   N E W   Y O R K
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                                  8251

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced by M. of A. SCHROEDER, P. RIVERA -- read once and referred to
  the Committee on Health

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  mental  retardation  and  developmental disabilities to promulgate
  rules and regulations requiring every child beginning at  the  age  of
  eighteen  months  to be examined for autism spectrum disorders; and to
  repeal section 2500-j of the public health law relating  to  screening
  children for autism spectrum disorders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2500-j of the public health law is REPEALED.
  S 2. The public health law is amended by adding a new  section  2500-k
to read as follows:
  S  2500-K.  PEDIATRIC  WELLNESS  VISITS; SCREENING FOR AUTISM SPECTRUM
DISORDERS. 1. THE COMMISSIONER SHALL, JOINTLY WITH THE  COMMISSIONER  OF
MENTAL  RETARDATION AND DEVELOPMENTAL DISABILITIES, AND ON OR BEFORE MAY
FIRST, TWO THOUSAND TEN,  PROMULGATE  RULES  AND  REGULATIONS  REQUIRING
EVERY PEDIATRIC PRIMARY CARE PROVIDER, CONDUCTING A WELLNESS AND PREVEN-
TATIVE  CARE EXAMINATION, ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND TEN,
OF A CHILD EIGHTEEN MONTHS OF AGE OR OLDER, TO  SCREEN  SUCH  CHILD  FOR
AUTISM SPECTRUM DISORDERS.
  2.  IN ADDITION, SUCH RULES AND REGULATIONS SHALL ESTABLISH GUIDELINES
AND PROTOCOLS FOR:
  (A) THE BEST PRACTICES FOR THE SCREENING FOR AND DIAGNOSIS  OF  AUTISM
SPECTRUM DISORDERS;
  (B) THE EMPLOYMENT OF OBJECTIVE AUTISM SPECTRUM DISORDER TOOLS; AND
  (C)  THE  APPROPRIATE  REFERRAL MECHANISM FOR CHILDREN, WHO BASED UPON
THE RESULTS OF SCREENING FOR AUTISM SPECTRUM DISORDERS, REQUIRE  FURTHER
EVALUATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11288-02-9

              

A. 8251                             2

  3.  IF THE COMMISSIONER AND THE COMMISSIONER OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES SHALL FAIL TO PROMULGATE, ON  OR  BEFORE  MAY
FIRST,  TWO THOUSAND TEN, THE RULES AND REGULATIONS REQUIRED BY SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION, THE DEPARTMENT SHALL ADOPT AND IMPLE-
MENT THE RELEVANT FEDERAL RULES AND REGULATIONS RELATING THERETO.
  S  3.  The mental hygiene law is amended by adding a new section 16.39
to read as follows:
S 16.39 PEDIATRIC WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM  DISOR-
          DERS.
  THE  COMMISSIONER  SHALL, JOINTLY WITH THE COMMISSIONER OF HEALTH, AND
ON OR BEFORE MAY FIRST, TWO THOUSAND TEN, PROMULGATE ANY AND  ALL  RULES
AND  REGULATIONS REQUIRED BY SUBDIVISIONS ONE AND TWO OF SECTION TWENTY-
FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW RELATING  TO  THE  SCREENING  OF
CHILDREN FOR AUTISM SPECTRUM DISORDERS.
  S  4.  This act shall take effect immediately, except that section one
of this act shall take effect September 1, 2010.