BILL NUMBER: S382
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to adding fetal
alcohol spectrum disorders to the definition of developmental disabili-
ty
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow for any variation of fetal alcohol spectrum disor-
ders to be included within the definition of developmental disabilities
so people with this disorder can receive state funded services and aid.
 
SUMMARY OF PROVISIONS:
Section 1 adds in fetal alcohol spectrum disorders including fetal alco-
hol syndrome, partial fetal alcohol syndrome (pFAS), and alcohol
-related nedrodevelopmental disorder (ARND) into the developmental disa-
bility definitions.
Section 2 sets forth the effective date.
 
JUSTIFICATION:
FASD is a pressing public health problem with experts estimating that it
affects just as many people as autism, if not more. According to the
National Institutes of Health, 1 to 5 percent of Americans may have
FASD, making the condition more prevalent than previously recognized.
And yet, it is often missed. One reason is the misguided shame of having
borne a child with FASD.
The Office for People with Developmental Disabilities (OPWDD) is the
system of care in NYS responsible for coordinating services for New
Yorkers with developmental disabilities. OPWDD provides a range of
services including the following: family support, recreation and social-
ization, individual support, employment assistance, and housing assist-
ance. Many individuals with FASD need extra support to learn the skills
to live independently. Adding FASD into the developmental disability
definition allows for OPWDD to now fund and assist those living with
FASD.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S7672 Passed Senate.
2023-24: S1866 Reported and committed to Disabilities.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S382: 1.03 mental hygiene law, 1.03(22) mental hygiene law