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S04903 Summary:

BILL NOS04903A
 
SAME ASSAME AS A10421
 
SPONSORHARCKHAM
 
COSPNSRADDABBO, CLEARE, FERNANDEZ, HOYLMAN-SIGAL, MAYER, MYRIE, RIVERA, ROLISON
 
MLTSPNSR
 
Add §2500-n, Pub Health L
 
Enacts the "Shepherd Patterson notification act"; requires a physician who treats a minor patient with a medical condition that may cause a disability to provide certain educational information to such patient's parents or guardians indicating such minor is entitled to a free and appropriate public education as defined under section five hundred four of the federal rehabilitation act of nineteen hundred seventy-three; makes related provisions.
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S04903 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4903--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 14, 2025
                                       ___________
 
        Introduced  by Sens. HARCKHAM, ADDABBO, CLEARE, FERNANDEZ, MAYER, MYRIE,
          RIVERA, ROLISON -- read twice and ordered printed, and when printed to
          be committed to the Committee on Health -- recommitted to the  Commit-
          tee  on  Health  in accordance with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the public health law, in relation to requiring a physi-
          cian who treats a minor patient with a medical  condition  to  provide
          certain educational information to such patient's parents or guardians
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as  the  "Shepherd
     2  Patterson notification act of 2026".
     3    §  2.  The public health law is amended by adding a new section 2500-n
     4  to read as follows:
     5    § 2500-n. Information on education accommodations for a minor  patient
     6  with  a  medical condition that may cause a disability. 1.  On or before
     7  July first, two thousand twenty-six,  the  department,  in  consultation
     8  with  the  department of education, shall develop an informational elec-
     9  tronic notice and resource for practitioners to provide to  the  parents
    10  or  guardians  of  a  patient  under  the age of eighteen with a medical
    11  condition that may create a disability for the patient as defined  under
    12  section  five hundred four of the federal rehabilitation act of nineteen
    13  hundred seventy-three.  Such electronic notice shall indicate that  such
    14  minor  may  be  entitled  to  a free and appropriate public education as
    15  defined under section five hundred four of  the  federal  rehabilitation
    16  act  of  nineteen  hundred  seventy-three, as amended, which may include
    17  accommodations for the delivery of programs and  services  for  eligible
    18  students  with disabilities.   Such written information shall also state
    19  that the parent, guardian, or person in a parental relationship with the
    20  patient should contact their school to discuss  possible  accommodations
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09303-02-6

        S. 4903--A                          2
 
     1  for  the  patient  and  the  benefits of sharing potentially life-saving
     2  emergency medical information with school personnel.
     3    2.  The  department  shall  ensure that such electronic notice is made
     4  available through a secure electronic portal  and  is  provided  to  the
     5  parent or guardian at the time of patient consent for treatment or diag-
     6  nosis. Proof of access or acknowledgment through the portal shall satis-
     7  fy the requirements of this section.
     8    3.  A  practitioner  may  provide  the  parent  and/or guardian of the
     9  patient with the informational electronic notice and resource  developed
    10  pursuant to this section.
    11    4.  The  electronic  portal  may  include  links to relevant state and
    12  federal resources,  including  but  not  limited  to  special  education
    13  services, early intervention programs, procedural safeguards, and parent
    14  advocacy supports.
    15    5.  The department shall ensure that the electronic notice is accessi-
    16  ble, including the provision of language access  services  and  accommo-
    17  dations  for  individuals  with  disabilities, consistent with state and
    18  federal accessibility standards.
    19    6. For purposes of this section, "practitioner" means  a  health  care
    20  professional  licensed,  certified,  or otherwise authorized to practice
    21  under the education law, acting within the scope of practice.
    22    § 3. This act shall take effect on the one hundred twentieth day after
    23  it shall have become a law.  Effective immediately, the addition, amend-
    24  ment and/or repeal of any rule or regulation necessary for the implemen-
    25  tation of this act on its effective date are authorized to be  made  and
    26  completed on or before such effective date.
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