S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    593
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in  relation  to  Down  syndrome
   diagnosis awareness
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 13.44 to read as follows:
 § 13.44 DOWN SYNDROME DIAGNOSIS AWARENESS.
   (A)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (1) "HEALTH CARE  PRACTITIONER"  MEANS  A  MEDICAL  PROFESSIONAL  THAT
 PROVIDES PRENATAL OR POSTNATAL CARE AND ADMINISTERS OR REQUESTS ADMINIS-
 TRATION  OF A DIAGNOSTIC OR SCREENING TEST TO A PREGNANT WOMAN OR INFANT
 THAT DETECTS FOR DOWN SYNDROME; AND
   (2) "DOWN SYNDROME" MEANS A CHROMOSOMAL CONDITION CAUSED BY  AN  ERROR
 IN  CELL  DIVISION  THAT  RESULTS IN THE PRESENCE OF AN EXTRA OR PARTIAL
 COPY OF CHROMOSOME TWENTY-ONE.
   (B) A HEALTH CARE PRACTITIONER WHO ORDERS TESTS FOR A  PREGNANT  WOMAN
 OR INFANT TO SCREEN FOR DOWN SYNDROME SHALL PROVIDE THE FOLLOWING INFOR-
 MATION  TO  SUCH  PREGNANT  WOMAN  OR  THE  INFANT'S PARENT IF SUCH TEST
 REVEALS A POSITIVE RESULT:
   (1) UP-TO-DATE AND EVIDENCE-BASED INFORMATION ABOUT DOWN SYNDROME THAT
 HAS BEEN REVIEWED BY MEDICAL EXPERTS AND NATIONAL DOWN  SYNDROME  ORGAN-
 IZATIONS.  THE  INFORMATION MUST BE PROVIDED IN A WRITTEN OR AN ALTERNA-
 TIVE FORMAT AND MUST INCLUDE THE FOLLOWING:
   (I) EXPECTED PHYSICAL, DEVELOPMENTAL,  EDUCATIONAL,  AND  PSYCHOSOCIAL
 OUTCOMES;
   (II) LIFE EXPECTANCY;
   (III) THE CLINICAL COURSE DESCRIPTION;
   (IV) EXPECTED INTELLECTUAL AND FUNCTIONAL DEVELOPMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03344-01-3
              

 S. 593                              2
 
   (V)  TREATMENT OPTIONS AVAILABLE FOR THE PARTICULAR SYNDROME FOR WHICH
 THE TEST WAS POSITIVE; AND
   (VI) ANY OTHER INFORMATION THE OFFICE DEEMS NECESSARY.
   (2)  CONTACT  INFORMATION  FOR  NONPROFIT  ORGANIZATIONS  THAT PROVIDE
 INFORMATION AND SUPPORT SERVICES FOR DOWN  SYNDROME  INCLUDING  BUT  NOT
 LIMITED TO:
   (I) INFORMATION HOTLINES SPECIFIC TO DOWN SYNDROME;
   (II) RELEVANT RESOURCE CENTERS OR CLEARINGHOUSES; AND
   (III) NATIONAL AND LOCAL DOWN SYNDROME ORGANIZATIONS.
   (C)  (1)  THE COMMISSIONER SHALL PROVIDE WRITTEN INFORMATION TO HEALTH
 CARE PRACTITIONERS  NECESSARY  TO  IMPLEMENT  SUBDIVISION  (B)  OF  THIS
 SECTION.
   (2)  ADDITIONALLY, THE COMMISSIONER SHALL POST SUCH INFORMATION ON THE
 OFFICE'S WEBSITE.
   (3) THE COMMISSIONER SHALL FOLLOW EXISTING PRACTICES  TO  ENSURE  THAT
 THE  INFORMATION  IS  CULTURALLY  AND LINGUISTICALLY APPROPRIATE FOR ALL
 RECIPIENTS.
   (4) ANY LOCAL OR NATIONAL  ORGANIZATION  THAT  PROVIDES  EDUCATION  OR
 SERVICES  RELATED  TO  DOWN  SYNDROME, MAY REQUEST THAT THE COMMISSIONER
 INCLUDE THE ORGANIZATION'S INFORMATIONAL MATERIAL AND  CONTACT  INFORMA-
 TION  ON  THE OFFICE'S WEBSITE. ONCE A REQUEST IS MADE, THE COMMISSIONER
 MAY ADD THE INFORMATION TO THE WEBSITE.
   § 2. 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.