Establishes the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) Implementation Council to monitor studies evaluating the new diagnostic criteria and to provide recommendations for statutory amendments relating to the transition to DSM-5 from DSM-IV to ensure that individuals who would qualify for benefits and state services under DSM-IV would continue to qualify under DMS-5; makes related provisions.
STATE OF NEW YORK
2013-2014 Regular Sessions
June 17, 2013
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Mental Health -- reported and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to establishing the
diagnostic and statistical manual of mental disorders (DSM-5) imple-
mentation council; and providing for the repeal of such provisions
upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds that early,
2 continuous and appropriate treatment facilitates the best possible
3 outcome for children diagnosed with autism spectrum disorder (ASD). The
4 legislature further finds that while periodic reformation of diagnostic
5 criteria is vital to ensure quality care, the legislature and state must
6 be able to respond accordingly if such changes may impact individuals
7 currently receiving treatment. Therefore, the legislature finds it
8 appropriate to establish a council consisting of stakeholders, including
9 parents and physicians, to advise the state and legislature on the
10 implementation and impact of the transition from the fourth edition of
11 the Diagnostic and Statistical Manual of Mental Disorders to the crite-
12 ria implemented by the fifth edition to ensure that individuals who
13 qualify under DSM-IV will continue to qualify under DSM-5. The legisla-
14 ture further finds that until such time that the state understands the
15 impacts it is important to ensure the continued benefits and state
16 services for individuals with a diagnosis.
17 § 2. The mental hygiene law is amended by adding a new section 16.38
18 to read as follows:
19 § 16.38 Diagnostic and statistical manual of mental disorders (DSM-5)
20 implementation council.
21 1.(a) The office shall establish a diagnostic and statistical manual
22 of mental disorders (DSM-5) implementation council.
23 (b) The council shall consist of nineteen members, appointed by the
24 governor. Six shall be parents or guardians, three of whom who shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8061--A 2
1 have children diagnosed with a pervasive developmental disorder (PDD)
2 under the fourth edition of the Diagnostic and Statistical Manual of
3 Mental Disorders (DSM-IV), and three of whom who shall have children
4 diagnosed with an autism spectrum disorder (ASD) or social communication
5 disorder (SCD) under the fifth edition of the Diagnostic and Statistical
6 Manual of Mental Disorders (DSM-5); five shall be representatives of
7 public or private providers of services to individuals with ASDs, at
8 least one of whom shall be a psychiatrist licensed to practice in the
9 state, at least one of whom shall be a representative of a Center for
10 Autism and Related Disabilities located within the state, and at least
11 one of whom shall be associated with a school district or a board of
12 cooperative educational services; two shall be representatives of organ-
13 izations that advocate for individuals with ASDs; two shall be represen-
14 tatives of authorized insurers issuing policies pursuant to article
15 thirty-two or forty-three of the insurance law; and four shall be the
16 commissioner, the commissioner of education, the commissioner of health,
17 and the superintendent of financial services, or their appropriate
18 designees with sufficient authority to engage in policy planning and
19 implementation on behalf of their agencies.
20 (c) The governor shall appoint the members. Six shall be appointed on
21 the recommendation of the temporary president of the senate and six
22 shall be appointed on the recommendation of the speaker of the assembly,
23 each of whom shall recommend three members as follows: one parent of a
24 child with a PDD under DSM-IV, one parent of a child with an ASD or SCD
25 under DSM-5; one representative of public or private providers of
26 services to individuals with ASDs.
27 (d) Vacancies in the council shall be filled in the same manner as
28 original appointments.
29 2. Duties of the council shall include, but not be limited to:
30 (a) Gathering stakeholder input regarding the implementation of DSM-5
31 criteria, and proposed regulatory or statutory amendments relating to
32 the transition from DSM-IV.
33 (b) Assisting the office, the state education department, the depart-
34 ment of health and the department of financial services in promulgating
35 regulations and guidance to ensure those with PDD diagnoses under DSM-IV
36 receive the same legal entitlements as those with ASD and SCD diagnoses
37 under DSM-5.
38 (c) Monitoring studies evaluating the new diagnostic criteria; as well
39 as any amendments to, or guidance relating to, DSM-5.
40 (d) Providing recommendations for statutory amendments relating to the
41 transition to DSM-5 from DSM-IV to ensure that individuals who would
42 qualify for benefits and state services under DSM-IV would continue to
43 qualify under DMS-5.
44 (e) Prepare and submit an annual report, the first of which shall be
45 submitted no later than October first, two thousand fifteen, to the
46 governor and legislature on the status of the transition to DSM-5 from
48 3. The council shall meet at least two times a year. Special meetings
49 may be called at the request of the commissioner.
50 4. The members of the council shall be allowed their reasonable and
51 necessary expenses incurred in the performance of their duties here-
53 § 3. This act shall take effect immediately and shall expire and be
54 deemed repealed three years after the effective date of this act.