S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6304
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to mental health certif-
   icates
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The section heading of section 903 of the education law, as
 amended  by chapter 281 of the laws of 2007, is amended and a new subdi-
 vision 2-a is added to read as follows:
   Students to furnish health certificates[; and], dental health  certif-
 icates, AND MENTAL HEALTH CERTIFICATES.
   2-A.  A.  A  MENTAL  HEALTH  CERTIFICATE  SHALL BE REQUESTED FROM EACH
 STUDENT. EACH STUDENT IS REQUESTED TO FURNISH A  MENTAL  HEALTH  CERTIF-
 ICATE  AT  THE  SAME  TIME  THAT  HEALTH CERTIFICATES ARE REQUIRED.   AN
 ASSESSMENT AND MENTAL HEALTH HISTORY OF ANY CHILD MAY  BE  REQUESTED  BY
 THE  LOCAL SCHOOL AUTHORITIES AT ANY TIME IN THEIR DISCRETION TO PROMOTE
 THE EDUCATIONAL INTERESTS OF  SUCH  CHILD.  EACH  CERTIFICATE  SHALL  BE
 SIGNED  BY  A  DULY  LICENSED  PHYSICIAN,  PSYCHOLOGIST, PSYCHIATRIST OR
 LICENSED CLINICAL SOCIAL WORKER WHO IS AUTHORIZED BY LAW TO PRACTICE  IN
 THIS  STATE,  AND CONSISTENT WITH ANY APPLICABLE WRITTEN PRACTICE AGREE-
 MENT, OR BY A DULY LICENSED  PHYSICIAN,  PSYCHOLOGIST,  PSYCHIATRIST  OR
 LICENSED  CLINICAL  SOCIAL  WORKER  WHO IS AUTHORIZED TO PRACTICE IN THE
 JURISDICTION IN WHICH  THE  ASSESSMENT  WAS  GIVEN,  PROVIDED  THAT  THE
 COMMISSIONER  HAS  DETERMINED  THAT  SUCH  JURISDICTION HAS STANDARDS OF
 LICENSURE AND PRACTICE COMPARABLE  TO  THOSE  OF  NEW  YORK.  EACH  SUCH
 CERTIFICATE  SHALL  DESCRIBE  THE MENTAL HEALTH CONDITION OF THE STUDENT
 WHEN THE ASSESSMENT WAS MADE, WHICH SHALL NOT BE MORE THAN TWELVE MONTHS
 PRIOR TO THE COMMENCEMENT OF THE SCHOOL YEAR IN WHICH THE ASSESSMENT  IS
 REQUESTED,  AND  SHALL STATE WHETHER SUCH STUDENT IS IN FIT CONDITION OF
 MENTAL HEALTH TO PERMIT HIS OR HER ATTENDANCE AT THE PUBLIC SCHOOL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04596-01-3
 A. 6304                             2
              

 
   B. A NOTICE  OF  REQUEST  FOR  MENTAL  HEALTH  CERTIFICATES  SHALL  BE
 DISTRIBUTED  AT  THE  SAME  TIME  THAT  PARENTS  OR  PERSONS IN PARENTAL
 RELATIONSHIP TO STUDENTS ARE NOTIFIED OF HEALTH EXAMINATION REQUIREMENTS
 AND SHALL STATE THAT A LIST  OF  MENTAL  HEALTH  PRACTICES,  PHYSICIANS,
 PSYCHOLOGISTS,  PSYCHIATRISTS  AND  LICENSED  CLINICAL SOCIAL WORKERS TO
 WHICH CHILDREN MAY BE REFERRED FOR MENTAL HEALTH SERVICES ON A  FREE  OR
 REDUCED  COST BASIS IS AVAILABLE UPON REQUEST AT THE CHILD'S SCHOOL. THE
 DEPARTMENT SHALL,  IN  COLLABORATION  WITH  THE  DEPARTMENT  OF  HEALTH,
 COMPILE  AND  MAINTAIN  A  LIST  OF MENTAL HEALTH PRACTICES, PHYSICIANS,
 PSYCHOLOGISTS, PSYCHIATRISTS AND LICENSED  CLINICAL  SOCIAL  WORKERS  TO
 WHICH  CHILDREN  MAY BE REFERRED FOR MENTAL HEALTH SERVICES ON A FREE OR
 REDUCED COST BASIS. SUCH LIST SHALL BE  MADE  AVAILABLE  TO  ALL  PUBLIC
 SCHOOLS  AND  BE  MADE  AVAILABLE  TO  PARENTS  OR  PERSONS  IN PARENTAL
 RELATIONSHIP UPON REQUEST. THE DEPARTMENT SHALL  PROMULGATE  REGULATIONS
 TO  ENSURE  THE GATHERING AND DISSEMINATION OF THE PROPER INFORMATION TO
 INTERESTED PARTIES.
   § 2. This act shall take effect the first of July next succeeding  the
 date on which it shall have become a law.