S00532 Summary:

BILL NOS00532
 
SAME ASNo same as
 
SPONSORKENNEDY
 
COSPNSR
 
MLTSPNSR
 
Amd S1.03, Ment Hyg L
 
Relates to the definition of autism.
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S00532 Actions:

BILL NOS00532
 
01/09/2013REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
01/08/2014REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
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S00532 Floor Votes:

There are no votes for this bill in this legislative session.
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S00532 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           532
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities
 
        AN ACT to amend the mental hygiene law, in relation to the definition of
          autism
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1.03 of the mental hygiene law is amended by adding
     2  a new subdivision 59 to read as follows:
     3    59.  "Autism"  means a pervasive developmental disorder that meets any
     4  of the following criteria:
     5    (a) Autistic disorder, which is:
     6    (i) the diagnoses of at least six of the following symptoms,  with  at
     7  least  two  symptoms  coming  from  clause one of this subparagraph, one
     8  symptom coming from clause two of this  subparagraph,  and  one  symptom
     9  coming from clause three of this subparagraph.
    10    (1)  Qualitative impairment in social interaction, as manifested by at
    11  least two of the following:

    12    (A) marked impairment in the use of multiple, nonverbal behaviors such
    13  as eye-to-eye gaze, facial expression, body postures, and  gestures,  to
    14  regulate social interaction.
    15    (B) failure to develop peer relationships appropriate to developmental
    16  level.
    17    (C)  a  lack  of spontaneous seeking to share enjoyment, interests, or
    18  achievements with other people (e.g., by a lack of showing, bringing, or
    19  pointing out objects of interest).
    20    (D) lack of social or emotional reciprocity.
    21    (2) Qualitative impairments in communication as manifested by at least
    22  one of the following:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD02436-01-3

        S. 532                              2
 
     1    (A) delay in, or total lack of, the  development  of  spoken  language
     2  (not  accompanied  by an attempt to compensate through alternative modes
     3  of communication such as gesture or mime).
     4    (B)  in  individuals  with  adequate  speech, marked impairment in the
     5  ability to initiate or sustain a conversation with others.
     6    (C) stereotyped  and  repetitive  use  of  language  or  idiosyncratic
     7  language.
     8    (D)  lack of varied, spontaneous make-believe play or social imitative
     9  play appropriate to developmental level.
    10    (3) Restricted repetitive and stereotyped patterns of behavior, inter-

    11  ests, and activities, as manifested by at least one of the following:
    12    (A) encompassing  preoccupation  with  one  or  more  stereotyped  and
    13  restricted  patterns of interest that is abnormal either in intensity or
    14  focus.
    15    (B)  apparently  inflexible  adherence  to   specific,   nonfunctional
    16  routines or rituals.
    17    (C)  stereotyped  and  repetitive  motor manners (e.g., hand or finger
    18  flapping or twisting, or complex whole-body movements).
    19    (D) persistent preoccupation with parts of objects.
    20    (ii) Delays or abnormal functioning in at least one of  the  following
    21  areas, with onset prior to three years of age:
    22    (1) social interaction,
    23    (2) language as used in social communication, or

    24    (3) symbolic or imaginative play.
    25    (iii)  The  disturbance is not better accounted for by Rett's disorder
    26  or childhood disintegrative disorder.
    27    (b) Asperger's disorder, which is:
    28    (i) Qualitative impairment in social interaction, as manifested by  at
    29  least two of the following:
    30    (1)  marked impairment in the use of multiple nonverbal behaviors such
    31  as eye-to-eye gaze, facial expression, body postures,  and  gestures  to
    32  regulate social interaction.
    33    (2) failure to develop peer relationships appropriate to developmental
    34  level.
    35    (3)  a  lack  of spontaneous seeking to share enjoyment, interests, or
    36  achievements with other people (e.g., by a lack of showing, bringing, or

    37  pointing out objects of interest to other people).
    38    (4) lack of social or emotional reciprocity.
    39    (ii) Restricted  repetitive  and  stereotyped  patterns  of  behavior,
    40  interests  and  activities, as manifested by at least one of the follow-
    41  ing:
    42    (1) encompassing  preoccupation  with  one  or  more  stereotyped  and
    43  restricted  patterns of interest that is abnormal either in intensity or
    44  focus.
    45    (2)  apparently  inflexible  adherence  to   specific,   nonfunctional
    46  routines or rituals.
    47    (3)  stereotyped and repetitive motor mannerisms (e.g., hand or finger
    48  flapping or twisting, or complex whole-body movements).
    49    (4) persistent preoccupation with parts of objects.

    50    (iii) The disturbance  causes  clinically  significant  impairment  in
    51  social, occupational, or other important areas of functioning.
    52    (iv)  There  is  no  clinically  significant general delay in language
    53  (e.g., single words used by age two, communicative phrases used  by  age
    54  three).
    55    (v)  There is no clinically significant delay in cognitive development
    56  or in the development  of  age-appropriate  self-help  skills,  adaptive

        S. 532                              3
 
     1  behavior  (other  than  in  social interaction), and curiosity about the
     2  environment in childhood.
     3    (vi) Criteria are not met for another specific pervasive developmental
     4  disorder or schizophrenia.

     5    (c)  Pervasive Developmental Disorder Not Otherwise Specified (Includ-
     6  ing Atypical Autism), which is when there  is  a  severe  and  pervasive
     7  impairment  in  the development of reciprocal social interaction associ-
     8  ated with impairment in either verbal or nonverbal communication  skills
     9  or with the presence of stereotyped behavior, interests, and activities,
    10  but  the  criteria  are  not  met for a specific pervasive developmental
    11  disorder, schizophrenia, schizotypal personality disorder,  or  avoidant
    12  personality  disorder.  For  example,  this  category includes "atypical
    13  autism" - presentations that do  not  meet  the  criteria  for  autistic
    14  disorder  because  of  late  age  at  onset, atypical symptomatology, or

    15  subthreshold symptomatology, or all of these.
    16    (d) Rett's Disorder, which is:
    17    (i) The diagnosis of all of the following:
    18    (1) apparently normal prenatal and perinatal development.
    19    (2) apparently normal psychomotor development through the  first  five
    20  months after birth.
    21    (3) normal head circumference at birth.
    22    (ii) Onset of all of the following after the period of normal develop-
    23  ment:
    24    (1)  deceleration  of  head growth between ages five months and forty-
    25  eight months.
    26    (2) loss of previously acquired purposeful hand  skills  between  ages
    27  five  months and thirty months with the subsequent development of stere-
    28  otyped hand movements (e.g., hand-wringing or hand washing).

    29    (3) loss of social engagement early in the  course  (  although  often
    30  social interaction develops later).
    31    (4) appearance of poorly coordinated gait or trunk movements.
    32    (5)  severely  impaired  expressive and receptive language development
    33  with severe psychomotor retardation.
    34    (e) Childhood disintegrative disorder, which is:
    35    (i) Apparently normal development for at least  the  first  two  years
    36  after  birth as manifested by the presence of age-appropriate verbal and
    37  nonverbal communication, social relationships, play, and adaptive behav-
    38  ior.
    39    (ii) Clinically significant loss of previously acquired skills (before
    40  age ten years) in at least two of the following areas:

    41    (1) expressive or receptive language.
    42    (2) social skills or adaptive behavior.
    43    (3) bowel or bladder control.
    44    (4) play.
    45    (5) motor skills.
    46    (iii) Abnormalities of functioning in at least two  of  the  following
    47  areas:
    48    (1)  qualitative impairment in social interaction (e.g., impairment in
    49  nonverbal behaviors, failure to  develop  peer  relationships,  lack  of
    50  social or emotional reciprocity).
    51    (2)  qualitative  impairments in communication (e.g., delay or lack of
    52  spoken language, inability to initiate or sustain a conversation, stere-
    53  otyped and repetitive use  of  language,  lack  of  varied  make-believe
    54  play).

    55    (3)  restricted,  repetitive,  and  stereotyped  patterns of behavior,
    56  interest, and activities, including motor stereotypes and mannerisms.

        S. 532                              4
 
     1    (iv) The disturbance is not better accounted for by  another  specific
     2  pervasive developmental disorder or by schizophrenia.
     3    § 2. This act shall take effect immediately.
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