S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3304
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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 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 Section 2500-j of the public health law is REPEALED.
   §  2.  The public health law is amended by adding a new section 2500-m
 to read as follows:
   § 2500-M. PEDIATRIC WELLNESS VISITS;  SCREENING  FOR  AUTISM  SPECTRUM
 DISORDERS.  1.  THE COMMISSIONER SHALL, JOINTLY WITH THE COMMISSIONER OF
 DEVELOPMENTAL DISABILITIES, AND ON OR BEFORE  MAY  FIRST,  TWO  THOUSAND
 TWENTY-THREE, PROMULGATE RULES AND REGULATIONS REQUIRING EVERY PEDIATRIC
 PRIMARY CARE PROVIDER, CONDUCTING A WELLNESS AND PREVENTATIVE CARE EXAM-
 INATION,  ON  OR  AFTER SEPTEMBER FIRST, TWO THOUSAND TWENTY-THREE, 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:
   (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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07378-01-1
              

 S. 3304                             2
 
   3. IF THE COMMISSIONER AND THE COMMISSIONER OF DEVELOPMENTAL DISABILI-
 TIES  SHALL  FAIL  TO  PROMULGATE,  ON OR BEFORE MAY FIRST, TWO THOUSAND
 TWENTY-THREE, THE RULES AND REGULATIONS REQUIRED BY SUBDIVISIONS ONE AND
 TWO OF THIS SECTION, THE DEPARTMENT SHALL ADOPT AND IMPLEMENT THE  RELE-
 VANT FEDERAL RULES AND REGULATIONS RELATING THERETO.
   §  3.  The mental hygiene law is amended by adding a new section 16.39
 to read as follows:
 § 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 TWENTY-THREE,  PROMULGATE  ANY  AND
 ALL  RULES  AND  REGULATIONS  REQUIRED  BY  SUBDIVISIONS  ONE AND TWO OF
 SECTION TWENTY-FIVE HUNDRED-M OF THE PUBLIC HEALTH LAW RELATING  TO  THE
 SCREENING OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
   §  4.  This act shall take effect immediately, except that section one
 of this act shall take effect September 1, 2023.