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

                                 534--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ABINANTI, ABBATE, DUPREY, LIFTON, TITONE, RAIA,
  McDONOUGH, ARROYO, BENEDETTO, PEOPLES-STOKES, ROBINSON,  COOK,  CLARK,
  JAFFEE,  COLTON, ENGLEBRIGHT, WEPRIN -- Multi-Sponsored by -- M. of A.
  BARCLAY, BOYLAND, BUCHWALD, CAMARA, CORWIN, FINCH, GIGLIO, GRAF, HOOP-
  ER, JACOBS, MARKEY, McKEVITT, MILLER, MONTESANO, MOYA, PERRY,  SALADI-
  NO,  THIELE  --  read  once and referred to the Committee on Health --
  recommitted to the Committee on Health  in  accordance  with  Assembly
  Rule  3,  sec.  2  --  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
  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 Section 2500-j of the public health law is REPEALED.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  FIFTEEN,  PROMULGATE  RULES  AND  REGULATIONS
REQUIRING  EVERY  PEDIATRIC PRIMARY CARE PROVIDER, CONDUCTING A WELLNESS
AND PREVENTATIVE CARE EXAMINATION, ON  OR  AFTER  SEPTEMBER  FIRST,  TWO
THOUSAND  FIFTEEN, OF A CHILD EIGHTEEN MONTHS OF AGE OR OLDER, TO SCREEN
SUCH CHILD FOR AUTISM SPECTRUM DISORDERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03637-03-4
              

A. 534--A                           2

  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.
  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 FIFTEEN, 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 FIFTEEN,  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, 2015.