S T A T E   O F   N E W   Y O R K
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                                  3217

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M.  of  A.  SCHROEDER, P. RIVERA, MAISEL, ABBATE, SPANO,
  DUPREY, LIFTON, PHEFFER, TITONE, CALHOUN,  RAIA,  TOBACCO,  McDONOUGH,
  ARROYO,  BENEDETTO,  PEOPLES-STOKES,  ROBINSON,  COOK, GIBSON, CASTRO,
  CLARK, JAFFEE -- Multi-Sponsored by -- M. of  A.    BARCLAY,  BOYLAND,
  BURLING,  BUTLER,  CAMARA,  CONTE,  CROUCH,  FINCH, GABRYSZAK, GIGLIO,
  HOOPER, JACOBS, JORDAN, MARKEY, McENENY, McKEVITT, J. MILLER,  MOLINA-
  RO, PERRY, RABBITT, REILLY, SALADINO, THIELE -- 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 the office for people with 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 Section 2500-j of the public health law is REPEALED.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
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND ON OR  BEFORE
MAY FIRST, TWO THOUSAND TWELVE, PROMULGATE RULES AND REGULATIONS REQUIR-
ING  EVERY  PEDIATRIC  PRIMARY  CARE PROVIDER, CONDUCTING A WELLNESS AND
PREVENTATIVE CARE EXAMINATION, ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND
TWELVE, 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06756-01-1

              

A. 3217                             2

  (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.
  3.  IF  THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES SHALL FAIL TO PROMULGATE, ON  OR  BEFORE
MAY  FIRST,  TWO  THOUSAND TWELVE, THE RULES AND REGULATIONS REQUIRED BY
SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE DEPARTMENT SHALL ADOPT AND
IMPLEMENT 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 TWELVE, 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, 2012.