S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9465--A
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by  M.  of  A. BICHOTTE HERMELYN, DICKENS, COLTON, CONRAD --
   read once and  referred  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 and the mental hygiene law, in
   relation to directing the commissioner of health and the  commissioner
   of the office for people with developmental disabilities to promulgate
   rules  and  regulations  requiring every child beginning at the age of
   twelve months to be examined 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, as added by chap-
 ter 335 of the laws of 2008, the opening paragraph of subdivision  1  as
 amended  by  chapter  241  of  the  laws  of 2018, is amended to read as
 follows:
   § 2500-j. [Autism spectrum disorders; screening of children] PEDIATRIC
 WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM DISORDERS. 1. The commis-
 sioner shall [establish, for use by], JOINTLY WITH THE  COMMISSIONER  OF
 THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND ON OR BEFORE
 MAY FIRST, TWO THOUSAND TWENTY-FIVE, PROMULGATE  RULES  AND  REGULATIONS
 REQUIRING  EVERY pediatric primary care [providers, best practice proto-
 cols for early screening of  children  for  autism  spectrum  disorders,
 including  but not limited to developmental screening for children three
 years of age and under. Such protocols shall incorporate  standards  and
 guidelines  established  by the American Academy of Pediatrics, shall be
 updated at least biennially, and shall include, but not be limited  to:]
 PROVIDER, CONDUCTING A WELLNESS AND PREVENTATIVE CARE EXAMINATION, ON OR
 AFTER  SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-FIVE,  OF A CHILD TWELVE
 MONTHS OF AGE OR OLDER, TO SCREEN SUCH CHILD FOR AUTISM SPECTRUM  DISOR-
 DERS,  AND  CONDUCT  SUCH SCREENING ANNUALLY UNTIL THE CHILD REACHES SIX
 YEARS OF AGE, AND THEREAFTER AT ELEVEN AND FOURTEEN YEARS OF AGE.
   2. IN ADDITION, SUCH RULES AND REGULATIONS SHALL ESTABLISH  GUIDELINES
 AND PROTOCOLS FOR:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06016-06-4
              

 A. 9465--A                          2
 
   (a)  THE  BEST PRACTICES FOR THE SCREENING FOR AND DIAGNOSIS OF AUTISM
 SPECTRUM DISORDERS;
   (B)  the  routine  employment  of  objective  autism spectrum disorder
 screening tools [at regular intervals during critical childhood develop-
 mental stages;
   (b) a provider/parental dialogue, utilizing the modified checklist for
 autism in toddlers as a reference, intended to educate parents in regard
 to autism spectrum disorders]; and
   (c) an appropriate referral mechanism for  children  who,  based  upon
 results  of the aforementioned screening process, require further evalu-
 ation.
   [2. The modified checklist for  autism  in  toddlers  referred  to  in
 subdivision one of this section shall be accessible by the public on the
 department's internet website.
   3.  The commissioner shall promulgate any rules and regulations neces-
 sary to implement the provisions of this section.] 3. IF THE COMMISSION-
 ER AND THE COMMISSIONER OF THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES SHALL FAIL TO PROMULGATE, ON OR BEFORE MAY FIRST, TWO THOU-
 SAND TWENTY-FIVE, THE RULES AND REGULATIONS REQUIRED BY SUBDIVISIONS ONE
 AND  TWO  OF  THIS SECTION, THE DEPARTMENT SHALL ADOPT AND IMPLEMENT THE
 RELEVANT FEDERAL RULES AND REGULATIONS RELATING THERETO.
   § 2. 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-FIVE, PROMULGATE ANY AND ALL
 RULES  AND  REGULATIONS  REQUIRED BY SUBDIVISIONS ONE AND TWO OF SECTION
 TWENTY-FIVE HUNDRED-J OF THE PUBLIC HEALTH LAW RELATING TO THE SCREENING
 OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
   § 3. This act shall take effect immediately.