S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6825
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law and the public health law, in relation
   to  requiring  annual  screenings for depression of students in grades
   seven through twelve
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 905-a
 to read as follows:
   § 905-A. SCREENING EXAMINATION FOR DEPRESSION.   1.  THE  DIRECTOR  OF
 SCHOOL  HEALTH  SERVICES  OF  EACH SCHOOL DISTRICT IN THIS STATE THAT IS
 REQUIRED TO PROVIDE SCHOOL HEALTH SERVICES, OR THE HEALTH DEPARTMENT  OR
 AGENCY  OTHERWISE  RESPONSIBLE  TO  PROVIDE SUCH SERVICES, SHALL CONDUCT
 ANNUAL SCREENING EXAMINATIONS FOR DEPRESSION OF ALL STUDENTS  IN  GRADES
 SEVEN THROUGH TWELVE. THE SCREENING SHALL BE ADMINISTERED BY A QUALIFIED
 PROFESSIONAL  AND SHALL CONSIST OF THE PATIENT HEALTH QUESTIONNAIRE 2 OR
 AN EQUIVALENT DEPRESSION SCREENING TOOL, AS DETERMINED  BY  THE  COMMIS-
 SIONER,  WITH  THE ASSISTANCE OF THE COMMISSIONER OF HEALTH. THE SCREEN-
 INGS SHALL BE CONDUCTED IN A MANNER THAT  ENSURES  THE  PRIVACY  OF  THE
 STUDENT  DURING  THE  SCREENING  PROCESS  AND THE CONFIDENTIALITY OF THE
 RESULTS CONSISTENT WITH STATE AND FEDERAL LAWS APPLICABLE TO THE  CONFI-
 DENTIALITY  OF  STUDENT  RECORDS. THE DEPARTMENT, WITH THE ASSISTANCE OF
 THE DEPARTMENT OF HEALTH, SHALL ESTABLISH STANDARDS ON THE PROCEDURES TO
 BE IMPLEMENTED TO CONDUCT THE SCREENINGS FOR DEPRESSION AND PROVIDE  FOR
 OTHER  SCREENING  TOOLS, INCLUDING, BUT NOT LIMITED TO, A SCREENING TOOL
 FOR ANXIETY, SUCH AS THE GENERALIZED ANXIETY DISORDER 7 OR AN EQUIVALENT
 ANXIETY SCREENING TOOL, AS DETERMINED  BY  THE  COMMISSIONER,  WITH  THE
 ASSISTANCE OF THE COMMISSIONER OF HEALTH.
   2. THE POSITIVE RESULTS OF ANY SUCH SCREENING EXAMINATIONS OF STUDENTS
 FOR  DEPRESSION  SHALL  BE  IN  WRITING  AND THE PARENT OF, OR PERSON IN
 PARENTAL RELATION TO, ANY CHILD WHOSE SCREENING FOR DEPRESSION DETECTS A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06618-01-3
              

 A. 6825                             2
 
 SUSPECTED DEVIATION FROM THE RECOMMENDED STANDARD SHALL  BE  ADVISED  OF
 SUCH  RESULTS  BY  THE  SCHOOL AUTHORITIES WITHIN NINETY DAYS AFTER SUCH
 DETECTION OF A SUSPECTED DEVIATION IS MADE. THE SCHOOL AUTHORITIES SHALL
 INFORM THE PARENT, OR PERSON IN PARENTAL RELATION, THAT THE SCREENING IS
 NOT  A  DIAGNOSIS  AND SHALL ENCOURAGE THE PARENT, OR PERSON IN PARENTAL
 RELATION, TO SHARE THE RESULTS  OF  THE  SCREENING  WITH  THE  STUDENT'S
 PRIMARY CARE PHYSICIAN.
   3. THE SCHOOL AUTHORITIES SHALL FORWARD DATA COLLECTED FROM SCREENINGS
 ADMINISTERED  PURSUANT TO THIS SECTION TO THE DEPARTMENT AND THE DEPART-
 MENT OF HEALTH, PROVIDED THAT ANY DATA FORWARDED SHALL BE AGGREGATED AND
 SHALL NOT CONTAIN  ANY  IDENTIFYING  OR  CONFIDENTIAL  INFORMATION  WITH
 REGARD TO ANY INDIVIDUAL.  DATA COLLECTED BY THE DEPARTMENTS PURSUANT TO
 THIS  SUBDIVISION SHALL BE USED BY THE DEPARTMENTS TO IDENTIFY STATEWIDE
 TRENDS CONCERNING TEENAGE DEPRESSION AND TO DEVELOP SCHOOL AND COMMUNITY
 BASED INITIATIVES TO ADDRESS TEENAGE DEPRESSION.
   4. AS USED IN THIS SECTION, "QUALIFIED PROFESSIONAL"  MEANS  A  SCHOOL
 PSYCHOLOGIST, SCHOOL NURSE, SCHOOL COUNSELOR, STUDENT ASSISTANCE COORDI-
 NATOR, SCHOOL SOCIAL WORKER, OR PHYSICIAN.
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. THE COMMISSIONER SHALL ASSIST THE  COMMISSIONER  OF  EDUCATION  IN
 DEVELOPING  RULES  AND  REGULATIONS RELATING TO THE ANNUAL SCREENING FOR
 DEPRESSION OF STUDENTS IN GRADES SEVEN  THROUGH  TWELVE,  IN  ACCORDANCE
 WITH SECTION NINE HUNDRED FIVE-A OF THE EDUCATION LAW.
   §  3.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.