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

                                   210

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ABINANTI, PERRY -- read once and referred to the
  Committee on Mental Health

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.

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

                                                           LBD03400-01-5

A. 210                              2

  (B) THE COUNCIL SHALL CONSIST OF NINETEEN MEMBERS,  APPOINTED  BY  THE
GOVERNOR.  SIX  SHALL  BE  PARENTS OR GUARDIANS, THREE OF WHOM WHO SHALL
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 DSM-5.
  (E)  PREPARE  AND SUBMIT AN ANNUAL REPORT, THE FIRST OF WHICH SHALL BE
SUBMITTED NO LATER THAN OCTOBER FIRST,  TWO  THOUSAND  SIXTEEN,  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 such effective date.