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

                                 8061--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Mental Health -- reported and referred to the Committee on Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to establishing  the
  diagnostic  and  statistical manual of mental disorders (DSM-5) imple-
  mentation council; and providing for the  repeal  of  such  provisions
  upon expiration thereof

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

  Section 1. Legislative  intent.  The  legislature  finds  that  early,
continuous  and  appropriate  treatment  facilitates  the  best possible
outcome for children diagnosed with autism spectrum disorder (ASD).  The
legislature  further finds that while periodic reformation of diagnostic
criteria is vital to ensure quality care, the legislature and state must
be able to respond accordingly if such changes  may  impact  individuals
currently  receiving  treatment.  Therefore,  the  legislature  finds it
appropriate to establish a council consisting of stakeholders, including
parents and physicians, to advise  the  state  and  legislature  on  the
implementation  and  impact of the transition from the fourth edition of
the Diagnostic and Statistical Manual of Mental Disorders to the  crite-
ria  implemented  by  the  fifth  edition to ensure that individuals who
qualify under DSM-IV will continue to qualify under DSM-5. The  legisla-
ture  further  finds that until such time that the state understands the
impacts it is important to  ensure  the  continued  benefits  and  state
services for individuals with a diagnosis.
  S  2.  The mental hygiene law is amended by adding a new section 16.38
to read as follows:
S 16.38 DIAGNOSTIC AND STATISTICAL MANUAL OF  MENTAL  DISORDERS  (DSM-5)
          IMPLEMENTATION COUNCIL.
  1.(A)  THE  OFFICE SHALL ESTABLISH A DIAGNOSTIC AND STATISTICAL MANUAL
OF MENTAL DISORDERS (DSM-5) IMPLEMENTATION COUNCIL.
  (B) THE COUNCIL SHALL CONSIST OF NINETEEN MEMBERS,  APPOINTED  BY  THE
GOVERNOR.  SIX  SHALL  BE  PARENTS OR GUARDIANS, THREE OF WHOM WHO SHALL

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11530-06-4

A. 8061--A                          2

HAVE CHILDREN DIAGNOSED WITH A PERVASIVE  DEVELOPMENTAL  DISORDER  (PDD)
UNDER  THE  FOURTH  EDITION  OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF
MENTAL DISORDERS (DSM-IV), AND THREE OF WHOM  WHO  SHALL  HAVE  CHILDREN
DIAGNOSED WITH AN AUTISM SPECTRUM DISORDER (ASD) OR SOCIAL COMMUNICATION
DISORDER (SCD) UNDER THE FIFTH EDITION OF THE DIAGNOSTIC AND STATISTICAL
MANUAL  OF  MENTAL  DISORDERS  (DSM-5); FIVE SHALL BE REPRESENTATIVES OF
PUBLIC OR PRIVATE PROVIDERS OF SERVICES TO  INDIVIDUALS  WITH  ASDS,  AT
LEAST  ONE  OF  WHOM SHALL BE A PSYCHIATRIST LICENSED TO PRACTICE IN THE
STATE, AT LEAST ONE OF WHOM SHALL BE A REPRESENTATIVE OF  A  CENTER  FOR
AUTISM  AND  RELATED DISABILITIES LOCATED WITHIN THE STATE, AND AT LEAST
ONE OF WHOM SHALL BE ASSOCIATED WITH A SCHOOL DISTRICT  OR  A  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES; TWO SHALL BE REPRESENTATIVES OF ORGAN-
IZATIONS THAT ADVOCATE FOR INDIVIDUALS WITH ASDS; TWO SHALL BE REPRESEN-
TATIVES  OF  AUTHORIZED  INSURERS  ISSUING  POLICIES PURSUANT TO ARTICLE
THIRTY-TWO OR FORTY-THREE OF THE INSURANCE LAW; AND FOUR  SHALL  BE  THE
COMMISSIONER, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER OF HEALTH,
AND  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES,  OR THEIR APPROPRIATE
DESIGNEES WITH SUFFICIENT AUTHORITY TO ENGAGE  IN  POLICY  PLANNING  AND
IMPLEMENTATION ON BEHALF OF THEIR AGENCIES.
  (C)  THE GOVERNOR SHALL APPOINT THE MEMBERS. SIX SHALL BE APPOINTED ON
THE RECOMMENDATION OF THE TEMPORARY PRESIDENT  OF  THE  SENATE  AND  SIX
SHALL BE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY,
EACH  OF  WHOM SHALL RECOMMEND THREE MEMBERS AS FOLLOWS: ONE PARENT OF A
CHILD WITH A PDD UNDER DSM-IV, ONE PARENT OF A CHILD WITH AN ASD OR  SCD
UNDER  DSM-5;  ONE  REPRESENTATIVE  OF  PUBLIC  OR  PRIVATE PROVIDERS OF
SERVICES TO INDIVIDUALS WITH ASDS.
  (D) VACANCIES IN THE COUNCIL SHALL BE FILLED IN  THE  SAME  MANNER  AS
ORIGINAL APPOINTMENTS.
  2. DUTIES OF THE COUNCIL SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  GATHERING STAKEHOLDER INPUT REGARDING THE IMPLEMENTATION OF DSM-5
CRITERIA, AND PROPOSED REGULATORY OR STATUTORY  AMENDMENTS  RELATING  TO
THE TRANSITION FROM DSM-IV.
  (B)  ASSISTING THE OFFICE, THE STATE EDUCATION DEPARTMENT, THE DEPART-
MENT OF HEALTH AND THE DEPARTMENT OF FINANCIAL SERVICES IN  PROMULGATING
REGULATIONS AND GUIDANCE TO ENSURE THOSE WITH PDD DIAGNOSES UNDER DSM-IV
RECEIVE  THE SAME LEGAL ENTITLEMENTS AS THOSE WITH ASD AND SCD DIAGNOSES
UNDER DSM-5.
  (C) MONITORING STUDIES EVALUATING THE NEW DIAGNOSTIC CRITERIA; AS WELL
AS ANY AMENDMENTS TO, OR GUIDANCE RELATING TO, DSM-5.
  (D) PROVIDING RECOMMENDATIONS FOR STATUTORY AMENDMENTS RELATING TO THE
TRANSITION TO DSM-5 FROM DSM-IV TO ENSURE  THAT  INDIVIDUALS  WHO  WOULD
QUALIFY  FOR  BENEFITS AND STATE SERVICES UNDER DSM-IV WOULD CONTINUE TO
QUALIFY UNDER DMS-5.
  (E) PREPARE AND SUBMIT AN ANNUAL REPORT, THE FIRST OF WHICH  SHALL  BE
SUBMITTED  NO  LATER  THAN  OCTOBER  FIRST, TWO THOUSAND FIFTEEN, TO THE
GOVERNOR AND LEGISLATURE ON THE STATUS OF THE TRANSITION TO  DSM-5  FROM
DSM-IV.
  3.  THE COUNCIL SHALL MEET AT LEAST TWO TIMES A YEAR. SPECIAL MEETINGS
MAY BE CALLED AT THE REQUEST OF THE COMMISSIONER.
  4. THE MEMBERS OF THE COUNCIL SHALL BE ALLOWED  THEIR  REASONABLE  AND
NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed three years after the effective date of this act.