Bill Text: NY A04034 | 2023-2024 | General Assembly | Introduced


Bill Title: Enacts the "Shepherd Patterson law"; 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.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced) 2024-01-03 - referred to health [A04034 Detail]

Download: New_York-2023-A04034-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4034

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M. of A. COOK -- read once and referred to the Committee
          on Health

        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 law".
     3    §  2.  The public health law is amended by adding a new section 2500-l
     4  to read as follows:
     5    § 2500-l. 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-four, the  department,  in  consultation
     8  with  the  department  of  education,  shall  develop  an  informational
     9  pamphlet for practitioners to distribute to the parents or guardians  of
    10  a  patient  under  the age of eighteen with a medical condition that may
    11  create a disability for  the  patient  as  defined  under  section  five
    12  hundred  four  of  the  federal  rehabilitation  act of nineteen hundred
    13  seventy-three.  Such information shall indicate that such minor  may  be
    14  entitled  to  a  free  and appropriate public education as defined under
    15  section five hundred four of the federal rehabilitation act of  nineteen
    16  hundred  seventy-three, as amended, which may include accommodations for
    17  the delivery of programs and services for eligible students  with  disa-
    18  bilities.    Such  written information shall also state that the parent,
    19  guardian, or person in a parental relationship with the  patient  should
    20  contact  their school to discuss possible accommodations for the patient
    21  and the benefits of sharing potentially  life-saving  emergency  medical
    22  information with school personnel.
    23    2. The informational pamphlet shall be made available for use by prac-
    24  titioners  on  the  department's website in a printable file, and may be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06761-01-3

        A. 4034                             2

     1  available for  order  as  a  printed  deliverable  on  the  department's
     2  website.    The  pamphlet  shall  be written in English and the six most
     3  common non-English languages spoken by individuals  based  on  the  most
     4  recent federal census.
     5    3.  A  practitioner  may  provide  the  parent  and/or guardian of the
     6  patient with the  informational  pamphlet  developed  pursuant  to  this
     7  section.
     8    4.  For  purposes  of this section, "practitioner" means a health care
     9  professional licensed, certified, or otherwise  authorized  to  practice
    10  under the education law, acting within the scope of practice.
    11    § 3. This act shall take effect on the one hundred twentieth day after
    12  it shall have become a law.  Effective immediately, the addition, amend-
    13  ment and/or repeal of any rule or regulation necessary for the implemen-
    14  tation  of  this act on its effective date are authorized to be made and
    15  completed on or before such effective date.
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