S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4150
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring a physi-
   cian who treats a minor patient with a life-threatening medical condi-
   tion to provide certain  educational  information  to  such  patient's
   parents or guardians
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "Shepherd
 Patterson law".
   §  2.  The public health law is amended by adding a new section 2500-m
 to read as follows:
   § 2500-M.  MINOR  PATIENT  WITH  LIFE-THREATENING  MEDICAL  CONDITION.
 EVERY PHYSICIAN WHO TREATS A PATIENT UNDER THE AGE OF EIGHTEEN WHO HAS A
 LIFE-THREATENING MEDICAL CONDITION SHALL PROVIDE ORAL AND WRITTEN INFOR-
 MATION  TO  SUCH  PATIENT'S  PARENTS, GUARDIANS OR PERSONS IN A PARENTAL
 RELATIONSHIP, INDICATING THAT SUCH MINOR  IS  ENTITLED  TO  A  FREE  AND
 APPROPRIATE  PUBLIC EDUCATION AS DEFINED UNDER SECTION FIVE HUNDRED FOUR
 OF THE FEDERAL REHABILITATION ACT OF NINETEEN HUNDRED SEVENTY-THREE,  AS
 AMENDED,  WHICH INCLUDES ACCOMMODATIONS FOR THE DELIVERY OF PROGRAMS AND
 SERVICES FOR  ELIGIBLE  STUDENTS.  SUCH  WRITTEN  INFORMATION  SHALL  BE
 PROVIDED  UPON  EACH  OF THE PATIENT'S MEDICAL APPOINTMENTS AND SHALL BE
 USED TO INFORM THE PARENT, GUARDIAN OR PERSON IN A PARENTAL RELATIONSHIP
 OF THEIR RIGHT TO REQUEST A SECTION FIVE HUNDRED  FOUR  DESIGNATION  AND
 THE BENEFITS OF SHARING POTENTIALLY LIFE-SAVING EMERGENCY MEDICAL INFOR-
 MATION  WITH SCHOOL PERSONNEL. THE DEPARTMENT SHALL DEVELOP SUCH WRITTEN
 INFORMATION REQUIRED UNDER THIS SECTION FOR DISTRIBUTION BY PHYSICIANS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03447-02-1

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4150--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by Sens. REICHLIN-MELNICK, MAYER, BIAGGI, BRISPORT, JACKSON,
   PALUMBO, STAVISKY -- read twice and ordered printed, and when  printed
   to  be  committed  to the Committee on Health -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 AN ACT to amend the public health law, in relation to requiring a physi-
   cian  who  treats  a minor patient with a medical condition to provide
   certain educational information to such patient's parents or guardians
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Shepherd
 Patterson law".
   § 2. The public health law is amended by adding a new  section  2500-m
 to read as follows:
   §  2500-M. MINOR PATIENT WITH MEDICAL CONDITION THAT MAY CAUSE A DISA-
 BILITY.  EVERY PHYSICIAN WHO TREATS A PATIENT UNDER THE AGE OF  EIGHTEEN
 AND  DIAGNOSES  THE  PATIENT  WITH A MEDICAL CONDITION THAT MAY CREATE A
 DISABILITY FOR THE PATIENT AS DEFINED UNDER SECTION FIVE HUNDRED FOUR OF
 THE FEDERAL REHABILITATION ACT OF NINETEEN HUNDRED  SEVENTY-THREE  SHALL
 PROVIDE  ORAL AND WRITTEN INFORMATION TO SUCH PATIENT'S PARENTS, GUARDI-
 ANS OR PERSONS IN A PARENTAL RELATIONSHIP, INDICATING  THAT  SUCH  MINOR
 MAY  BE  ENTITLED  TO A FREE AND APPROPRIATE PUBLIC EDUCATION AS DEFINED
 UNDER SECTION FIVE HUNDRED FOUR OF THE  FEDERAL  REHABILITATION  ACT  OF
 NINETEEN  HUNDRED  SEVENTY-THREE, AS AMENDED, WHICH MAY INCLUDE ACCOMMO-
 DATIONS FOR THE DELIVERY OF PROGRAMS AND SERVICES FOR ELIGIBLE  STUDENTS
 WITH  DISABILITIES.  SUCH  WRITTEN  INFORMATION SHALL BE PROVIDED AT THE
 PATIENT'S MEDICAL APPOINTMENT IN WHICH THEY ARE FIRST DIAGNOSED  WITH  A
 MEDICAL  CONDITION THAT MAY BE DEFINED AS A DISABILITY AND SHALL BE USED
 TO INFORM THE PARENT, GUARDIAN OR PERSON IN A PARENTAL  RELATIONSHIP  OF
 THEIR  RIGHT  TO REQUEST A SECTION FIVE HUNDRED FOUR DESIGNATION AND THE
 BENEFITS OF SHARING POTENTIALLY LIFE-SAVING EMERGENCY  MEDICAL  INFORMA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03447-03-1

 S. 4150--A                          2
 
 TION  WITH  SCHOOL PERSONNEL.  SUCH WRITTEN INFORMATION SHALL ALSO STATE
 THAT THE PARENT, GUARDIAN, OR PERSON IN A PARENTAL RELATIONSHIP WITH THE
 PATIENT SHOULD CONTACT THEIR SCHOOL TO DISCUSS  POSSIBLE  ACCOMMODATIONS
 FOR  THE PATIENT.  THE DEPARTMENT SHALL DEVELOP SUCH WRITTEN INFORMATION
 REQUIRED UNDER THIS SECTION FOR DISTRIBUTION BY PHYSICIANS.
   § 3. 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4150--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by Sens. REICHLIN-MELNICK, MAYER, BIAGGI, BRISPORT, JACKSON,
   PALUMBO, STAVISKY -- read twice and ordered printed, and when  printed
   to  be  committed  to the Committee on Health -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to requiring a physi-
   cian who treats a minor patient with a medical  condition  to  provide
   certain educational information to such patient's parents or guardians
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "Shepherd
 Patterson law".
   §  2.  The public health law is amended by adding a new section 2500-m
 to read as follows:
   § 2500-M. INFORMATION ON EDUCATION ACCOMMODATIONS FOR A MINOR  PATIENT
 WITH  A MEDICAL CONDITION THAT MAY CAUSE A DISABILITY.  1.  ON OR BEFORE
 JULY FIRST, TWO THOUSAND TWENTY-TWO,  THE  DEPARTMENT,  IN  CONSULTATION
 WITH  THE  DEPARTMENT  OF  EDUCATION,  SHALL  DEVELOP  AN  INFORMATIONAL
 PAMPHLET FOR PRACTITIONERS TO DISTRIBUTE TO THE PARENTS OR GUARDIANS  OF
 A  PATIENT  UNDER  THE AGE OF EIGHTEEN WITH A MEDICAL CONDITION THAT MAY
 CREATE A DISABILITY FOR  THE  PATIENT  AS  DEFINED  UNDER  SECTION  FIVE
 HUNDRED  FOUR  OF  THE  FEDERAL  REHABILITATION  ACT OF NINETEEN HUNDRED
 SEVENTY-THREE.  SUCH INFORMATION SHALL INDICATE THAT SUCH MINOR  MAY  BE
 ENTITLED  TO  A  FREE  AND APPROPRIATE PUBLIC EDUCATION AS DEFINED UNDER
 SECTION FIVE HUNDRED FOUR OF THE FEDERAL REHABILITATION ACT OF  NINETEEN
 HUNDRED  SEVENTY-THREE, AS AMENDED, WHICH MAY INCLUDE ACCOMMODATIONS FOR
 THE DELIVERY OF PROGRAMS AND SERVICES FOR ELIGIBLE STUDENTS  WITH  DISA-
 BILITIES.    SUCH  WRITTEN INFORMATION SHALL ALSO STATE THAT THE PARENT,
 GUARDIAN, OR PERSON IN A PARENTAL RELATIONSHIP WITH THE  PATIENT  SHOULD
 CONTACT  THEIR SCHOOL TO DISCUSS POSSIBLE ACCOMMODATIONS FOR THE PATIENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03447-05-1

 S. 4150--B                          2
 
 AND THE BENEFITS OF SHARING POTENTIALLY  LIFE-SAVING  EMERGENCY  MEDICAL
 INFORMATION WITH SCHOOL PERSONNEL.
   2. THE INFORMATIONAL PAMPHLET SHALL BE MADE AVAILABLE FOR USE BY PRAC-
 TITIONERS  ON  THE  DEPARTMENT'S WEBSITE IN A PRINTABLE FILE, AND MAY BE
 AVAILABLE FOR  ORDER  AS  A  PRINTED  DELIVERABLE  ON  THE  DEPARTMENT'S
 WEBSITE.    THE  PAMPHLET  SHALL  BE WRITTEN IN ENGLISH AND THE SIX MOST
 COMMON NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS  BASED  ON  THE  MOST
 RECENT FEDERAL CENSUS.
   3.  A  PRACTITIONER  MAY  PROVIDE  THE  PARENT  AND/OR GUARDIAN OF THE
 PATIENT WITH THE  INFORMATIONAL  PAMPHLET  DEVELOPED  PURSUANT  TO  THIS
 SECTION.
   4.  FOR  PURPOSES  OF THIS SECTION, "PRACTITIONER" MEANS A HEALTH CARE
 PROFESSIONAL LICENSED, CERTIFIED, OR OTHERWISE  AUTHORIZED  TO  PRACTICE
 UNDER THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF PRACTICE.
   § 3. 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4150--D
     Cal. No. 889
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by Sens. REICHLIN-MELNICK, MAYER, BIAGGI, BRISPORT, JACKSON,
   PALUMBO, STAVISKY -- read twice and ordered printed, and when  printed
   to  be  committed  to the Committee on Health -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Health  in  accordance  with  Senate  Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the education law, in relation to  creating  a  document
   giving  notice to parents and guardians of school age students who are
   diagnosed with a  life-threatening  medical  condition  or  a  medical
   condition that may cause a disability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "Shepherd
 Patterson law".
   §  2.  Section  305  of  the  education law is amended by adding a new
 subdivision 60 to read as follows:
   60. A. BEGINNING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWEN-
 TY-FOUR  SCHOOL  YEAR, THE COMMISSIONER SHALL DIRECT THE BOARD OF EDUCA-
 TION OR TRUSTEES, AS DEFINED IN SECTION TWO OF THIS  CHAPTER,  OF  EVERY
 SCHOOL DISTRICT WITHIN THE STATE, HOWEVER CREATED, AND THE CHANCELLOR OF
 THE  CITY  SCHOOL  DISTRICT OF THE CITY OF NEW YORK TO CREATE A DOCUMENT
 GIVING NOTICE TO PARENTS AND GUARDIANS OF SCHOOL AGE  STUDENTS  WHO  ARE
 DIAGNOSED  WITH A LIFE-THREATENING MEDICAL CONDITION OR A MEDICAL CONDI-
 TION THAT MAY CAUSE A DISABILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03447-10-2
              

 S. 4150--D                          2
 
   B. SUCH DOCUMENT  SHALL  INCLUDE  A  STATEMENT  IN  SUBSTANTIALLY  THE
 FOLLOWING FORM: "IF YOU FIND YOURSELF IN A SITUATION WHERE YOUR CHILD IS
 DIAGNOSED  WITH  A  LIFE-THREATENING ILLNESS OR A MEDICAL CONDITION THAT
 MAY CAUSE A DISABILITY, YOUR CHILD MAY BE ELIGIBLE  FOR  A  PERSONALIZED
 EDUCATION  PLAN.  WE ENCOURAGE YOU TO REACH OUT TO OUR SCHOOL NURSE, OUR
 SCHOOL SOCIAL WORKER OR YOUR CHILD'S GUIDANCE COUNSELOR. BESIDES COMPIL-
 ING A PLAN, THERE ARE MANY BENEFITS TO SHARING MEDICAL INFORMATION  WITH
 SCHOOL PERSONNEL, AS IT HAS LIFE-SAVING POTENTIAL SHOULD A MEDICAL EMER-
 GENCY OCCUR."
   C.  EACH  SCHOOL  DISTRICT SHALL INCLUDE SUCH STATEMENT IN THEIR HAND-
 BOOK, AND EACH SCHOOL DISTRICT SHALL ALSO PROVIDE THIS DOCUMENT  TO  THE
 PARENTS OR GUARDIANS AS FOLLOWS:
   (I)  UPON  THE INITIAL REGISTRATION OF ANY STUDENT WITHIN EVERY SCHOOL
 DISTRICT;
   (II) AT THE BEGINNING OF EACH SCHOOL YEAR; AND
   (III) ADDITIONALLY, AT THE TIME A STUDENT  HAS  BEEN  EXCUSED  ABSENT,
 TARDY OR EARLY DEPARTURE A COMBINED TOTAL OF TEN TIMES.
   §  3.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.