Bill Text: NY A10665 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes the Healthy Cardiac Monitoring Act; requires certain medical professionals that provide physical examinations to individuals nineteen years of age or younger to be periodically educated in cardiac health; requires students who participate in athletic programs to have an additional cardiac health physical examination prior to participating; makes various provisions relating thereto.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-08-12 - referred to higher education [A10665 Detail]
Download: New_York-2021-A10665-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10665 IN ASSEMBLY August 12, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. O'Donnell) -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the public health law, in relation to enacting the "Healthy Cardiac Monitoring Act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Healthy Cardiac Monitoring Act". 3 § 2. Section 305 of the education law is amended by adding a new 4 subdivision 60 to read as follows: 5 60. a. The commissioner, in conjunction with the commissioner of 6 health, shall promulgate and review, as necessary, rules and regulations 7 relating to annual physical examinations of students nineteen years of 8 age or younger. Each such examination shall be conducted by a physician, 9 physician assistant, or nurse practitioner and shall include questions 10 that evaluate such child's family history with respect to the cardiac 11 conditions contained in the "Preparticipation Physical Evaluation" (PPE) 12 form developed jointly by the American Academy of Family Physicians, 13 American Academy of Pediatrics, American College of Sports Medicine, 14 American Medical Society for Sports Medicine, American Orthopaedic Soci- 15 ety for Sports Medicine, and American Osteopathic Academy of Sports 16 Medicine and the American Heart Association's fourteen point screening 17 for heart disease in the young. 18 b. The commissioner and the commissioner of health shall develop a 19 statewide cardiac evaluation form for use in all such examinations which 20 shall, in addition to the questions contained in the PPE form, include 21 the following questions relating to the heart health history of the 22 child: 23 "(i) Have you ever fainted, passed out, or had an unexplained seizure 24 suddenly and without warning, especially during exercise or in response 25 to sudden loud noises, such as doorbells, alarm clocks, or ringing tele- 26 phones? 27 (ii) Have you ever had exercise related chest pain or shortness of 28 breath? EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16090-01-2A. 10665 2 1 (iii) Has anyone in your immediate family (parents, grandparents, 2 siblings) or other, more distant relatives (aunts, uncles, cousins) died 3 of heart problems or had an unexpected sudden death before age fifty? 4 This would include unexpected drownings, unexplained auto crashes in 5 which the relative was driving, or sudden infant death syndrome (SIDS). 6 (iv) Are you related to anyone with hypertrophic cardiomyopathy or 7 hypertrophic obstructive cardiomyopathy, Marfan syndrome, arrhythmogenic 8 cardiomyopathy, long QT syndrome, short QT syndrome, Brugada syndrome, 9 or catecholaminergic polymorphic ventricular tachycardia, Wolff-Parkin- 10 son-White syndrome or anyone younger than fifty years of age with a 11 pacemaker or implantable defibrillator?" 12 c. The commissioner and the commissioner of health shall develop a 13 course of instruction in childhood cardiac screening for all physicians, 14 physician assistants, or nurse practitioners who perform annual physical 15 examinations pursuant to this subdivision and article nineteen of this 16 chapter. Such course of instruction shall include a pamphlet published 17 by the department and the department of health containing the informa- 18 tion developed pursuant to section nine hundred twenty-three of this 19 chapter and subdivision thirty-one of section two hundred six of the 20 public health law. Such course of instruction shall be required to be 21 completed every four years by all physicians, physician assistants, or 22 nurse practitioners subject to the provisions of this subdivision. The 23 commissioner shall issue a certificate upon successful completion of 24 such course of instruction by such physician, physician assistant, or 25 nurse practitioner, who shall maintain such certificate for not less 26 than four years following completion of such course. Every physician, 27 physician assistant, and nurse practitioner subject to this subdivision 28 shall, in any application for renewal of such physician's, physician 29 assistant's, or nurse practitioner's professional license or certif- 30 ication issued pursuant to this chapter, attest that such professional 31 has completed such course of instruction and read the pamphlet described 32 in this paragraph within the four-year period preceding such applica- 33 tion. 34 d. The regulations promulgated pursuant to this subdivision shall also 35 prohibit any student enrolled in any primary or secondary school from 36 participating in an athletic program, as defined in subdivision nine of 37 section thirty-two hundred eight-a of this chapter, unless such student 38 shall have undergone the physical examination required by this subdivi- 39 sion, including the additional questions relating to such student's 40 cardiac health history within the sixty days preceding the first prac- 41 tice of the applicable athletic season. 42 e. The pamphlet described in paragraph c of this subdivision shall be 43 distributed, at no charge, to all public school districts in the state 44 and shall be made available to all school districts in the state upon 45 request. Beginning in the first school year that commences after the 46 effective date of this subdivision, all school districts in receipt of 47 such pamphlet shall disseminate it to all parents or guardians of 48 students participating in athletic programs upon the completion of 49 athletic program permission forms and as part of the student's prepar- 50 ticipation physical examination. Such student and such student's parent 51 or guardian shall certify in writing that they received and reviewed 52 such pamphlet. Such pamphlet shall be updated by the commissioner and 53 the commissioner of health as necessary. 54 § 3. Subdivision 1 of section 903 of the education law, as amended by 55 chapter 183 of the laws of 2017, is amended to read as follows:A. 10665 3 1 1. A health certificate shall be furnished by each student in the 2 public schools upon his or her entrance in such schools and upon his or 3 her entry into the grades prescribed by the commissioner in regulations, 4 provided that such regulations shall require such certificates [at least5twice] annually during the elementary grades and [twice in the] second- 6 ary grades. An examination and health history of any child may be 7 required by the local school authorities at any time in their discretion 8 to promote the educational interests of such child. Each certificate 9 shall be signed by a duly licensed physician, physician assistant, or 10 nurse practitioner, who is authorized by law to practice in this state, 11 and consistent with subdivision three of section [six thousand nine] 12 sixty-nine hundred two of this chapter, or by a duly licensed physician, 13 physician assistant, or nurse practitioner, who is authorized to prac- 14 tice in the jurisdiction in which the examination was given, provided 15 that the commissioner has determined that such jurisdiction has stand- 16 ards of licensure and practice comparable to those of New York. Each 17 such certificate shall describe the condition of the student when the 18 examination was made, which shall not be more than twelve months prior 19 to the commencement of the school year in which the examination is 20 required, and shall state whether such student is in a fit condition of 21 health to permit his or her attendance at the public schools. The exam- 22 ination may include a diabetes risk analysis. Each such certificate 23 shall also state the student's body mass index (BMI) and weight status 24 category. For purposes of this section, BMI is computed as the weight in 25 kilograms divided by the square of height in meters or the weight in 26 pounds divided by the square of height in inches multiplied by a conver- 27 sion factor of 703. Weight status categories for children and adoles- 28 cents shall be as defined by the commissioner of health. Each such 29 certificate shall also include an evaluation of the child's family 30 history with respect to cardiac conditions in accordance with the 31 provisions of subdivision sixty of section three hundred five of this 32 chapter and subdivision thirty-two of section two hundred six of the 33 public health law. In all school districts such physician, physician 34 assistant or nurse practitioner shall determine whether a one-time test 35 for sickle cell anemia is necessary or desirable and he or she shall 36 conduct such a test and the certificate shall state the results. 37 § 4. Subdivision 1 of section 904 of the education law, as amended by 38 section 12 of part B of chapter 58 of the laws of 2007, is amended to 39 read as follows: 40 1. Each principal of a public school, or his or her designee, shall 41 report to the director of school health services having jurisdiction 42 over such school, the names of all students who have not furnished 43 health certificates as provided in section nine hundred three of this 44 article, or who are children with disabilities, as defined by article 45 eighty-nine of this chapter, and the director of school health services 46 shall cause such students to be separately and carefully examined and 47 tested to ascertain whether any student has defective sight or hearing, 48 or any other physical disability which may tend to prevent him or her 49 from receiving the full benefit of school work, or from requiring a 50 modification of such work to prevent injury to the student or from 51 receiving the best educational results. Each examination shall also 52 include a calculation of the student's body mass index (BMI) and weight 53 status category. For purposes of this section, BMI is computed as the 54 weight in kilograms divided by the square of height in meters or the 55 weight in pounds divided by the square of height in inches multiplied by 56 a conversion factor of 703. Weight status categories for children andA. 10665 4 1 adolescents shall be as defined by the commissioner of health. In all 2 school districts, such physician, physician assistant or nurse practi- 3 tioner shall determine whether a one-time test for sickle cell anemia is 4 necessary or desirable and he or she shall conduct such tests and the 5 certificate shall state the results. If it should be ascertained, upon 6 such test or examination, that any of such students have defective sight 7 or hearing, or other physical disability, including sickle cell anemia, 8 as above described, the principal or his or her designee shall notify 9 the parents of, or other persons in parental relation to, the child as 10 to the existence of such disability. If the parents or other persons in 11 parental relation are unable or unwilling to provide the necessary 12 relief and treatment for such students, such fact shall be reported by 13 the principal or his or her designee to the director of school health 14 services, whose duty it shall be to provide relief for such students. 15 Each school and school district chosen as part of an appropriate sampl- 16 ing methodology shall participate in surveys directed by the commission- 17 er of health pursuant to the public health law in relation to students' 18 BMI and weight status categories as determined by the examination 19 conducted pursuant to this section and which shall be subject to audit 20 by the commissioner of health. Such surveys shall contain the informa- 21 tion required pursuant to this subdivision in relation to students' BMI 22 and weight status categories in aggregate. Parents or other persons in 23 parental relation to a student may refuse to have the student's BMI and 24 weight status category included in such survey. Each school and school 25 district shall provide the commissioner of health with any information, 26 records and reports he or she may require for the purpose of such audit. 27 The BMI and weight status survey and audit as described in this section 28 shall be conducted consistent with confidentiality requirements imposed 29 by federal law. Data collection for such surveys shall commence on a 30 voluntary basis at the beginning of the two thousand seven academic 31 school year, and by all schools chosen as part of the sampling methodol- 32 ogy at the beginning of the two thousand eight academic school year. The 33 department shall also utilize the collected data to develop a report of 34 child obesity and obesity related diseases. Each examination shall also 35 include an evaluation of the child's family history with respect to 36 cardiac conditions in accordance with the provisions of subdivision 37 sixty of section three hundred five of this chapter and subdivision 38 thirty-two of section two hundred six of the public health law. 39 § 5. The education law is amended by adding a new section 924 to read 40 as follows: 41 § 924. Preparticipation physical examinations for participation in an 42 athletic program. No school shall allow any student to participate in an 43 athletic program, as defined in subdivision nine of section thirty-two 44 hundred eight-a of this chapter until such student receives an examina- 45 tion conducted by a physician, physician assistant, or nurse practition- 46 er and includes questions that evaluate such child's family history with 47 respect to the cardiac conditions contained in the "Preparticipation 48 Physical Evaluation" (PPE) form as described in subdivision sixty of 49 section three hundred five of this chapter. Such physical examination 50 shall be conducted by a physician, physician assistant, or nurse practi- 51 tioner within six weeks of the first day of official practice in the 52 applicable athletic season. No school shall permit a student to partic- 53 ipate in any athletic program unless it receives from such student a 54 completed PPE form signed by the physician, physician assistant, or 55 nurse practitioner who conducted such examination.A. 10665 5 1 § 6. The education law is amended by adding a new section 6541-a to 2 read as follows: 3 § 6541-a. Childhood cardiac screening requirements. 1. To qualify for 4 a license as a physician assistant, if such person will be performing 5 annual physical examinations of children nineteen years of age or young- 6 er, including examinations prior to a student's participation in a 7 school and/or community-based organization sponsored interscholastic or 8 intramural athletic team or squad, such person shall complete a child- 9 hood cardiac screening professional development module as established 10 pursuant to paragraph c of subdivision sixty of section three hundred 11 five of this chapter. 12 2. Every person who completes the childhood cardiac screening profes- 13 sional development module as required by subdivision one of this section 14 shall retain on file at their place of employment a hard copy certif- 15 icate of completion of such module. Such certificate shall be made 16 available upon request. 17 3. Upon every request for renewal, the licensee shall attest to 18 completing the childhood cardiac screening professional development 19 module within the past four years. 20 4. Any person who is required under subdivision one of this section to 21 fulfill the requirements of this section who is found to have not 22 completed such requirements, or who is found to have falsely certified 23 their completion of the requirements of this section shall be found 24 guilty of professional misconduct pursuant to article one hundred thir- 25 ty-one-A of this title and shall receive a penalty in accordance with 26 section sixty-five hundred eleven of this title. 27 § 7. The education law is amended by adding a new section 6524-a to 28 read as follows: 29 § 6524-a. Childhood cardiac screening requirements. 1. To qualify for 30 a license as a physician, if such person will be performing annual phys- 31 ical examinations of children nineteen years of age or younger, includ- 32 ing examinations prior to a student's participation in a school and/or 33 community-based organization sponsored interscholastic or intramural 34 athletic team or squad, such person shall complete a childhood cardiac 35 screening professional development module as established pursuant to 36 paragraph c of subdivision sixty of section three hundred five of this 37 chapter. 38 2. Every person who completes the childhood cardiac screening profes- 39 sional development module as required by subdivision one of this section 40 shall retain on file at their place of employment a hard copy certif- 41 icate of completion of such module. Such certificate shall be made 42 available upon request. 43 3. Upon every request for renewal, the licensee shall attest to 44 completing the childhood cardiac screening professional development 45 module within the past four years. 46 4. Any person who is required under subdivision one of this section to 47 fulfill the requirements of this section who is found to have not 48 completed such requirements, or who is found to have falsely certified 49 their completion of the requirements of this section shall be found 50 guilty of professional misconduct pursuant to article one hundred thir- 51 ty-one-A of this title and shall receive a penalty in accordance with 52 section sixty-five hundred eleven of this title. 53 § 8. The education law is amended by adding a new section 6910-a to 54 read as follows: 55 § 6910-a. Childhood cardiac screening requirements. 1. To qualify for 56 a license as a nurse practitioner, if such person will be performingA. 10665 6 1 annual physical examinations of children nineteen years of age or young- 2 er, including examinations prior to a student's participation in a 3 school and/or community-based organization sponsored interscholastic or 4 intramural athletic team or squad, such person shall complete a child- 5 hood cardiac screening professional development module as established 6 pursuant to paragraph c of subdivision sixty of section three hundred 7 five of this chapter. 8 2. Every person who completes the childhood cardiac screening profes- 9 sional development module as required by subdivision one of this section 10 shall retain on file at their place of employment a hard copy certif- 11 icate of completion of such module. Such certificate shall be made 12 available upon request. 13 3. Upon every request for renewal, the licensee shall attest to 14 completing the childhood cardiac screening professional development 15 module within the past four years. 16 4. Any person who is required under subdivision one of this section to 17 fulfill the requirements of this section who is found to have not 18 completed such requirements, or who is found to have falsely certified 19 their completion of the requirements of this section shall be found 20 guilty of professional misconduct pursuant to article one hundred thir- 21 ty-one-A of this title and shall receive a penalty in accordance with 22 section sixty-five hundred eleven of this title. 23 § 9. Section 206 of the public health law is amended by adding a new 24 subdivision 32 to read as follows: 25 32. (a) The commissioner, in conjunction with the commissioner of 26 education, shall promulgate rules and regulations to effectuate the 27 provisions described in subdivision sixty of section three hundred five 28 of the education law. 29 (b) When creating the pamphlet described in paragraph c of subdivision 30 sixty of section three hundred five of the education law, the commis- 31 sioner shall provide the commissioner of education with the following 32 information which shall be included within such pamphlet: 33 (i) an explanation of sudden cardiac arrest and its incidence; 34 (ii) a description of early warning signs of sudden cardiac arrest; 35 and 36 (iii) an overview of the options that are privately available to 37 screen for cardiac conditions that may lead to sudden cardiac arrest, 38 including a statement about the limitations of such options. 39 § 10. This act shall take effect on the first of July next succeeding 40 the date on which it shall have become a law. Effective immediately, the 41 addition, amendment and/or repeal of any rule or regulation necessary 42 for the implementation of this act on its effective date are authorized 43 to be made and completed on or before such effective date.
