S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8141
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2021
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the mental hygiene law, in  relation  to  Down  syndrome
   diagnosis awareness
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 13.44 to read as follows:
 § 13.44 DOWN SYNDROME DIAGNOSIS AWARENESS.
   (A)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (1) "HEALTH CARE  PRACTITIONER"  MEANS  A  MEDICAL  PROFESSIONAL  THAT
 PROVIDES PRENATAL OR POSTNATAL CARE AND ADMINISTERS OR REQUESTS ADMINIS-
 TRATION  OF A DIAGNOSTIC OR SCREENING TEST TO A PREGNANT WOMAN OR INFANT
 THAT DETECTS FOR DOWN SYNDROME; AND
   (2) "DOWN SYNDROME" MEANS A CHROMOSOMAL CONDITION CAUSED BY  AN  ERROR
 IN  CELL  DIVISION  THAT  RESULTS IN THE PRESENCE OF AN EXTRA OR PARTIAL
 COPY OF CHROMOSOME TWENTY-ONE.
   (B) A HEALTH CARE PRACTITIONER WHO ORDERS TESTS FOR A  PREGNANT  WOMAN
 OR INFANT TO SCREEN FOR DOWN SYNDROME SHALL PROVIDE THE FOLLOWING INFOR-
 MATION  TO  SUCH  PREGNANT  WOMAN  OR  THE  INFANT'S PARENT IF SUCH TEST
 REVEALS A POSITIVE RESULT:
   (1) UP-TO-DATE AND EVIDENCE-BASED INFORMATION ABOUT DOWN SYNDROME THAT
 HAS BEEN REVIEWED BY MEDICAL EXPERTS AND NATIONAL DOWN  SYNDROME  ORGAN-
 IZATIONS.  THE  INFORMATION MUST BE PROVIDED IN A WRITTEN OR AN ALTERNA-
 TIVE FORMAT AND MUST INCLUDE THE FOLLOWING:
   (I) EXPECTED PHYSICAL, DEVELOPMENTAL,  EDUCATIONAL,  AND  PSYCHOSOCIAL
 OUTCOMES;
   (II) LIFE EXPECTANCY;
   (III) THE CLINICAL COURSE DESCRIPTION;
   (IV) EXPECTED INTELLECTUAL AND FUNCTIONAL DEVELOPMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11006-04-1

 A. 8141                             2
 
   (V)  TREATMENT OPTIONS AVAILABLE FOR THE PARTICULAR SYNDROME FOR WHICH
 THE TEST WAS POSITIVE; AND
   (VI) ANY OTHER INFORMATION THE OFFICE DEEMS NECESSARY.
   (2)  CONTACT  INFORMATION  FOR  NONPROFIT  ORGANIZATIONS  THAT PROVIDE
 INFORMATION AND SUPPORT SERVICES FOR DOWN  SYNDROME  INCLUDING  BUT  NOT
 LIMITED TO:
   (I) INFORMATION HOTLINES SPECIFIC TO DOWN SYNDROME;
   (II) RELEVANT RESOURCE CENTERS OR CLEARINGHOUSES; AND
   (III) NATIONAL AND LOCAL DOWN SYNDROME ORGANIZATIONS.
   (C)  (1)  THE COMMISSIONER SHALL PROVIDE WRITTEN INFORMATION TO HEALTH
 CARE PRACTITIONERS  NECESSARY  TO  IMPLEMENT  SUBDIVISION  (B)  OF  THIS
 SECTION.
   (2)  ADDITIONALLY, THE COMMISSIONER SHALL POST SUCH INFORMATION ON THE
 OFFICE'S WEBSITE.
   (3) THE COMMISSIONER SHALL FOLLOW EXISTING PRACTICES  TO  ENSURE  THAT
 THE  INFORMATION  IS  CULTURALLY  AND LINGUISTICALLY APPROPRIATE FOR ALL
 RECIPIENTS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.