Bill Text: NY S05802 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-05-21 - REPORTED AND COMMITTED TO FINANCE [S05802 Detail]

Download: New_York-2013-S05802-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5802
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 15, 2013
                                      ___________
       Introduced  by Sens. GRIFFO, CARLUCCI -- read twice and ordered printed,
         and when printed to be committed to the Committee on Rules
       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    S  2. The mental hygiene law is amended by adding new section 16.38 to
   18  read as follows:
   19  S 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11530-02-3
       S. 5802                             2
    1    (B) THE COUNCIL SHALL CONSIST OF NINETEEN MEMBERS,  APPOINTED  BY  THE
    2  GOVERNOR.  SIX  SHALL  BE  PARENTS OR GUARDIANS, THREE OF WHOM WHO SHALL
    3  HAVE CHILDREN DIAGNOSED WITH A PERVASIVE  DEVELOPMENTAL  DISORDER  (PDD)
    4  UNDER  THE  FOURTH  EDITION  OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF
    5  MENTAL  DISORDERS  (DSM-IV),  AND  THREE OF WHOM WHO SHALL HAVE CHILDREN
    6  DIAGNOSED WITH AN AUTISM SPECTRUM DISORDER (ASD) OR SOCIAL COMMUNICATION
    7  DISORDER (SCD) UNDER THE FIFTH EDITION OF THE DIAGNOSTIC AND STATISTICAL
    8  MANUAL OF MENTAL DISORDERS (DSM-5); FIVE  SHALL  BE  REPRESENTATIVES  OF
    9  PUBLIC  OR  PRIVATE  PROVIDERS  OF SERVICES TO INDIVIDUALS WITH ASDS, AT
   10  LEAST ONE OF WHOM SHALL BE A PSYCHIATRIST LICENSED TO  PRACTICE  IN  THE
   11  STATE,  AT  LEAST  ONE OF WHOM SHALL BE A REPRESENTATIVE OF A CENTER FOR
   12  AUTISM AND RELATED DISABILITIES LOCATED WITHIN THE STATE, AND  AT  LEAST
   13  ONE  OF  WHOM  SHALL  BE ASSOCIATED WITH A SCHOOL DISTRICT OR A BOARD OF
   14  COOPERATIVE EDUCATIONAL SERVICES; TWO SHALL BE REPRESENTATIVES OF ORGAN-
   15  IZATIONS THAT ADVOCATE FOR INDIVIDUALS WITH ASDS; TWO SHALL BE REPRESEN-
   16  TATIVES OF AUTHORIZED INSURERS  ISSUING  POLICIES  PURSUANT  TO  ARTICLE
   17  THIRTY-TWO  OR  FORTY-THREE  OF THE INSURANCE LAW; AND FOUR SHALL BE THE
   18  COMMISSIONER, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER OF HEALTH,
   19  AND THE SUPERINTENDENT  OF  FINANCIAL  SERVICES,  OR  THEIR  APPROPRIATE
   20  DESIGNEES  WITH  SUFFICIENT  AUTHORITY  TO ENGAGE IN POLICY PLANNING AND
   21  IMPLEMENTATION ON BEHALF OF THEIR AGENCIES.
   22    (C) THE GOVERNOR SHALL APPOINT THE MEMBERS. SIX SHALL BE APPOINTED  ON
   23  THE  RECOMMENDATION  OF  THE  TEMPORARY  PRESIDENT OF THE SENATE AND SIX
   24  SHALL BE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY,
   25  EACH OF WHOM SHALL RECOMMEND THREE MEMBERS AS FOLLOWS: ONE PARENT  OF  A
   26  CHILD  WITH A PDD UNDER DSM-IV, ONE PARENT OF A CHILD WITH AN ASD OR SCD
   27  UNDER DSM-5; ONE  REPRESENTATIVE  OF  PUBLIC  OR  PRIVATE  PROVIDERS  OF
   28  SERVICES TO INDIVIDUALS WITH ASDS.
   29    (D)  VACANCIES  IN  THE  COUNCIL SHALL BE FILLED IN THE SAME MANNER AS
   30  ORIGINAL APPOINTMENTS.
   31    2. DUTIES OF THE COUNCIL SHALL INCLUDE, BUT NOT BE LIMITED TO:
   32    (A) GATHERING STAKEHOLDER INPUT REGARDING THE IMPLEMENTATION OF  DSM-5
   33  CRITERIA,  AND  PROPOSED  REGULATORY OR STATUTORY AMENDMENTS RELATING TO
   34  THE TRANSITION FROM DSM-IV.
   35    (B) ASSISTING THE OFFICE, THE STATE EDUCATION DEPARTMENT, THE  DEPART-
   36  MENT  OF HEALTH AND THE DEPARTMENT OF FINANCIAL SERVICES IN PROMULGATING
   37  REGULATIONS AND GUIDANCE TO ENSURE THOSE WITH PDD DIAGNOSES UNDER DSM-IV
   38  RECEIVE THE SAME LEGAL ENTITLEMENTS AS THOSE WITH ASD AND SCD  DIAGNOSES
   39  UNDER DSM-5.
   40    (C) MONITORING STUDIES EVALUATING THE NEW DIAGNOSTIC CRITERIA; AS WELL
   41  AS ANY AMENDMENTS TO, OR GUIDANCE RELATING TO, DSM-5.
   42    (D) PROVIDING RECOMMENDATIONS FOR STATUTORY AMENDMENTS RELATING TO THE
   43  TRANSITION  TO  DSM-5  FROM  DSM-IV TO ENSURE THAT INDIVIDUALS WHO WOULD
   44  QUALIFY FOR BENEFITS AND STATE SERVICES UNDER DSM-IV WOULD  CONTINUE  TO
   45  QUALIFY UNDER DMS-5.
   46    (E)  PREPARE  AND SUBMIT AN ANNUAL REPORT, THE FIRST OF WHICH SHALL BE
   47  SUBMITTED NO LATER THAN OCTOBER FIRST, TWO  THOUSAND  FOURTEEN,  TO  THE
   48  GOVERNOR  AND  LEGISLATURE ON THE STATUS OF THE TRANSITION TO DSM-5 FROM
   49  DSM-IV.
   50    3. THE COUNCIL SHALL MEET AT LEAST TWO TIMES A YEAR. SPECIAL  MEETINGS
   51  MAY BE CALLED AT THE REQUEST OF THE COMMISSIONER.
   52    4.  THE  MEMBERS  OF THE COUNCIL SHALL BE ALLOWED THEIR REASONABLE AND
   53  NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF  THEIR  DUTIES  HERE-
   54  UNDER.
   55    S  3.  This  act shall take effect immediately and shall expire and be
   56  deemed repealed three years after the effective date of this act.