NY State Senate Bill 2023-S6791

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
May 10, 2023	referred to education

2023-S6791 (ACTIVE) - Details

See Assembly Version of this Bill:: A6304
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §903, Ed L
Versions Introduced in 2025-2026 Legislative Session:: A4656

2023-S6791 (ACTIVE) - Summary

Provides that a mental health certificate shall be requested from each student at the same time health certificates are required; provides that 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; makes related provisions.

2023-S6791 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6791

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the education law, in relation to mental health certif-
icates

 
PURPOSE:

Requires a mental health certification in addition to the physical and
mental health certifications at the start of each school year is
consistent with the most current recommendations for optimal health for
students, Pre-K through 12th grade.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the section heading of section 903 of the education
law to include mental health certificates and adds a new subdivision 2-a
to provide that a mental health certificate shall be requested from each
student at the same time that health certificates are required.

Section 2. Effective date.

 
JUSTIFICATION:

As is the case with physical and mental health, early intervention with
mental issues is the key to a student's optimal success academically,
socially and in the future. The range of mental health concerns with
onset in childhood through young adulthood is broad and includes
attention-deficit/hyperactivity disorder (ADHD), autism spectrum disor-
der (ASD), generalized anxiety disorder (GAD), panic disorder, sepa-
ration anxiety disorder, specific phobia, social anxiety disorder,
obsessive-compulsive disorder (OCD), disorders due to use of controlled
substances, eating disorders, depressive disorders, bipolar or related
disorders (bipolar disorder) and post-traumatic stress disorder (PTSD)*,
all of which is better addressed as soon as it is known in order to give
the child or young adult the help needed. Early intervention can not
only provide insight but it also can prevent more severe physical and
mental health concerns later in life, even if to the point of improving
life expectancy. Early intervention can assist a child/young adult as
they navigate critical points of their development physically, socially
and academically, leading them toward eventual independence and healthy
life choices; the opposite is also true in that some un addressed issues
in childhood and young adulthood create a struggle that is difficult, if
not impossible, to overcome through the aging process alone. Numerous
experts in the fields of psychiatry and psychology support early inter-
vention for physical and mental health but the largest scale study to
date and strongest analytic support for early mental health intervention
was published June 2nd, 2021 (id at Conclusion) ultimately establishing
after extensive research that:  "The meta-analytic, global, epidemiolog-
ical evidence provided.....strong epidemiologic evidence for the global
implementation of integrated models of mental health promotion and
preventive/early intervention care for young people in the community,
those at risk for and with manifest mental disorders".

The proposed amendment to the NYS education law section 903 requiring a
mental health certification in addition to the physical and mental
health certifications at the start of each school year is consistent
with the most current recommendations for optimal health for students
pre-K through 12th grade.

*Age at onset of mental disorders worldwide:large-scale meta-analysis of
192 epidemiological studies. Solmi, M., Radua, J., Olivola, M. et al.
Mol Psychiatry 27, 281-295 (2022)

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law.

2023-S6791 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6791
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed 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
 S. 6791                             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.

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Senate Bill S6791

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

2023-S6791 (ACTIVE) - Details

2023-S6791 (ACTIVE) - Summary

2023-S6791 (ACTIVE) - Sponsor Memo

2023-S6791 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6791

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Sponsored By

Anthony H. Palumbo

Archive: Last Bill Status - In Senate Committee Education Committee

2023-S6791 (ACTIVE) - Details

2023-S6791 (ACTIVE) - Summary

2023-S6791 (ACTIVE) - Sponsor Memo

2023-S6791 (ACTIVE) - Bill Text download pdf

Comments