New York Public Health Code § 2541

Definitions
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§ 2541. Definitions. As used in this title the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n  1. "Children at risk" means children who may experience a disability\nbecause of medical, biological or environmental factors which may\nproduce developmental delay, as determined by the commissioner through\nregulation.\n  2. "Coordinated standards and procedures" means standards and\nprocedures developed by state early intervention service agencies\npursuant to section twenty-five hundred fifty-one of this title.\n  3. "Council" means the early intervention coordinating council\nestablished under section twenty-five hundred fifty-three of this title.\n  4. "Developmental delay" means that a child has not attained\ndevelopmental milestones expected for the child's chronological age, as\nmeasured by qualified professionals using appropriate diagnostic\ninstruments and/or procedures and informed clinical opinion, in one or\nmore of the following areas of development: cognitive, physical,\ncommunication, social or emotional, or adaptive.\n  5. "Disability" means:\n  (a) a developmental delay; or\n  (b) a diagnosed physical or mental condition that has a high\nprobability of resulting in developmental delay, such as Down syndrome\nor other chromosomal abnormalities, sensory impairments, inborn errors\nof metabolism or fetal alcohol syndrome.\n  6. "Early intervention official" means an appropriate municipal\nofficial designated by the chief executive officer of a municipality and\nan appropriate designee of such official.\n  7. "Early intervention services" means developmental services that:\n  (a) are provided under public supervision;\n  (b) are selected in collaboration with the parents;\n  (c) are designed to meet a child's developmental needs in any one or\nmore of the following areas:\n  (i) physical development, including vision and hearing,\n  (ii) cognitive development,\n  (iii) communication development,\n  (iv) social or emotional development, or\n  (v) adaptive development;\n  (d) meet the coordinated standards and procedures;\n  (e) are provided by qualified personnel;\n  (f) are provided in conformity with an IFSP;\n  (g) are, to the maximum extent appropriate, provided in natural\nenvironments, including the home and community settings where children\nwithout disabilities would participate;\n  (h) include, as appropriate:\n  (i) family training, counseling, home visits and parent support\ngroups,\n  (ii) special instruction,\n  (iii) speech pathology and audiology,\n  (iv) occupational therapy,\n  (v) physical therapy,\n  (vi) psychological services,\n  (vii) case management services, hereafter referred to as service\ncoordination services,\n  (viii) medical services for diagnostic or evaluation purposes, subject\nto reasonable prior approval requirements for exceptionally expensive\nservices, as prescribed by the commissioner,\n  (ix) early identification, screening, and assessment services,\n  (x) health services necessary to enable the infant or toddler to\nbenefit from the other early intervention services,\n  (xi) nursing services,\n  (xii) nutrition services,\n  (xiii) social work services,\n  (xiv) vision services,\n  (xv) assistive technology devices and assistive technology services,\n  (xvi) transportation and related costs that are necessary to enable a\nchild and the child's family to receive early intervention services, and\n  (xvii) other appropriate services approved by the commissioner.\n  (i) are cost-effective.\n  8. (a) "Eligible child" means an infant or toddler from birth through\nage two who has a disability; provided, however, that any toddler with a\ndisability who has been determined to be eligible for program services\nunder section forty-four hundred ten of the education law and:\n  (i) who turns three years of age on or before the thirty-first day of\nAugust shall, if requested by the parent, be eligible to receive early\nintervention servi

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