Directs the commissioner of health and commissioner of the office for people with developmental disabilities to jointly promulgate rules and regulations requiring pediatric health care providers to screen children beginning at the age of 12 months for autism spectrum disorders during each wellness and preventative care examination and to conduct such screening annually until such child reaches age six, and thereafter at eleven and fourteen years of age.
STATE OF NEW YORK
________________________________________________________________________
9465--A
IN ASSEMBLY
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:
1 Section 1. Section 2500-j of the public health law, as added by chap-
2 ter 335 of the laws of 2008, the opening paragraph of subdivision 1 as
3 amended by chapter 241 of the laws of 2018, is amended to read as
4 follows:
5 § 2500-j. [Autism spectrum disorders; screening of children] Pediatric
6 wellness visits; screening for autism spectrum disorders. 1. The commis-
7 sioner shall [establish, for use by], jointly with the commissioner of
8 the office for people with developmental disabilities, and on or before
9 May first, two thousand twenty-five, promulgate rules and regulations
10 requiring every pediatric primary care [providers, best practice proto-
11 cols for early screening of children for autism spectrum disorders,
12 including but not limited to developmental screening for children three
13 years of age and under. Such protocols shall incorporate standards and
14 guidelines established by the American Academy of Pediatrics, shall be
15 updated at least biennially, and shall include, but not be limited to:]
16 provider, conducting a wellness and preventative care examination, on or
17 after September first, two thousand twenty-five, of a child twelve
18 months of age or older, to screen such child for autism spectrum disor-
19 ders, and conduct such screening annually until the child reaches six
20 years of age, and thereafter at eleven and fourteen years of age.
21 2. In addition, such rules and regulations shall establish guidelines
22 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
1 (a) the best practices for the screening for and diagnosis of autism
2 spectrum disorders;
3 (b) the routine employment of objective autism spectrum disorder
4 screening tools [at regular intervals during critical childhood develop-
5 mental stages;
6 (b) a provider/parental dialogue, utilizing the modified checklist for
7 autism in toddlers as a reference, intended to educate parents in regard
8 to autism spectrum disorders]; and
9 (c) an appropriate referral mechanism for children who, based upon
10 results of the aforementioned screening process, require further evalu-
11 ation.
12 [2. The modified checklist for autism in toddlers referred to in
13 subdivision one of this section shall be accessible by the public on the
14 department's internet website.
15 3. The commissioner shall promulgate any rules and regulations neces-
16 sary to implement the provisions of this section.] 3. If the commission-
17 er and the commissioner of the office for people with developmental
18 disabilities shall fail to promulgate, on or before May first, two thou-
19 sand twenty-five, the rules and regulations required by subdivisions one
20 and two of this section, the department shall adopt and implement the
21 relevant federal rules and regulations relating thereto.
22 § 2. The mental hygiene law is amended by adding a new section 16.39
23 to read as follows:
24 § 16.39 Pediatric wellness visits; screening for autism spectrum disor-
25 ders.
26 The commissioner shall, jointly with the commissioner of health, and
27 on or before May first, two thousand twenty-five, promulgate any and all
28 rules and regulations required by subdivisions one and two of section
29 twenty-five hundred-j of the public health law relating to the screening
30 of children for autism spectrum disorders.
31 § 3. This act shall take effect immediately.
