What's happening
This bill adds fetal alcohol spectrum disorders to the definition of developmental disability in New York's mental hygiene law.
Why it matters
Expands access to services. By including fetal alcohol spectrum disorders (FASD) in the legal definition of developmental disabilities, more individuals may become eligible for state-supported disability services and programs that were previously unavailable to them.
Sets clear eligibility criteria. The bill outlines specific requirements—including age, diagnosis by a provider, onset before age 22, ongoing nature of the condition, and significant daily living impact—ensuring that only individuals with substantial, lifelong needs will qualify, which may help manage program resources.
Acknowledges FASD as a long-term condition. Recognizing FASD as a developmental disability validates the lifelong challenges faced by people with these disorders, potentially reducing stigma and improving advocacy and support opportunities.
Potential system impacts. State agencies and service providers may need to adjust policies, train staff, and allocate resources to accommodate an influx of people newly eligible under this definition, which could have budgetary and operational effects.
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Who cares
Headline styles
Add FASD to Disability Definition
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to disabilities
- Print number 382a
- Amend and recommit to disabilities
- Referred to disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Recognize Fetal Alcohol Disorders
In Assembly Committee · Ways And Means · Sponsor Sarah Clark
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
382--A
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. BROUK, ASHBY, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to adding fetal alcohol spectrum disorders to the definition of developmental disability
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 1 of paragraph (a) of subdivision 22 of section 1.03 of the mental hygiene law, as amended by chapter 114 of the laws of 2017, is amended to read as follows:
(1) (i) is attributable to intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, Prader-Willi syndrome or autism; or (ii) is attributable to fetal alcohol spectrum disorders (FASD) including fetal alcohol syndrome (FAS), partial fetal alcohol syndrome (pFAS), and alcohol-related neurodevelopmental disorder (ARND), provided, however, that for the purposes of this section, persons so considered under this clause shall:
(A) be over the age of seven years;
(B) have an FASD qualifying diagnosis by a provider;
(C) have an onset of such condition, disorder, or syndrome prior to the age of twenty-two;
(D) exhibit a likelihood of indefinite continuation of such condition, disorder, or syndrome; and
(E) such diagnosis must have a substantial impact on the person's ability to complete activities of daily living;
§ 2. This act shall take effect twenty-four months after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01248-03-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 amends subdivision 22 of the mental hygiene law to include fetal alcohol spectrum disorders including fetal alcohol syndrome, partial fetal alcohol syndrome (pFAS), and alcohol-related neurodevelop- mental disorder (ARND) in the definition of developmental disability.
Section 2 establishes 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
This act shall take effect twenty-four months after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.