STATE OF NEW YORK
________________________________________________________________________
382--A
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. BROUK, ASHBY, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL,
MARTINEZ -- read twice and ordered printed, and when printed to be
committed to the Committee on Disabilities -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the mental hygiene law, in relation to adding fetal
alcohol spectrum disorders to the definition of developmental disa-
bility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 1 of paragraph (a) of subdivision 22 of
2 section 1.03 of the mental hygiene law, as amended by chapter 114 of the
3 laws of 2017, is amended to read as follows:
4 (1) (i) is attributable to intellectual disability, cerebral palsy,
5 epilepsy, neurological impairment, familial dysautonomia, Prader-Willi
6 syndrome or autism; or (ii) is attributable to fetal alcohol spectrum
7 disorders (FASD) including fetal alcohol syndrome (FAS), partial fetal
8 alcohol syndrome (pFAS), and alcohol-related neurodevelopmental disorder
9 (ARND), provided, however, that for the purposes of this section,
10 persons so considered under this clause shall:
11 (A) be over the age of seven years;
12 (B) have an FASD qualifying diagnosis by a provider;
13 (C) have an onset of such condition, disorder, or syndrome prior to
14 the age of twenty-two;
15 (D) exhibit a likelihood of indefinite continuation of such condition,
16 disorder, or syndrome; and
17 (E) such diagnosis must have a substantial impact on the person's
18 ability to complete activities of daily living;
19 § 2. This act shall take effect twenty-four months after it shall have
20 become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01248-03-5
