Bill Text: NY S00415 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires heart examinations for public school students and a statement on whether the student is fit to participate in physical education or other athletic activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S00415 Detail]

Download: New_York-2019-S00415-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           415
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law, in relation to requiring heart  exam-
          inations for students
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section  903  of  the  education  law,  as
     2  amended  by  chapter  376  of  the  laws  of 2015, is amended to read as
     3  follows:
     4    1. A health certificate shall be furnished  by  each  student  in  the
     5  public  schools upon his or her entrance in such schools and upon his or
     6  her entry into the grades prescribed by the commissioner in regulations,
     7  provided that such regulations shall require such certificates at  least
     8  twice during the elementary grades and twice in the secondary grades. An
     9  examination and health history of any child may be required by the local
    10  school authorities at any time in their discretion to promote the educa-
    11  tional  interests  of  such child. Each certificate shall be signed by a
    12  duly licensed physician, physician assistant, or nurse practitioner, who
    13  is authorized by law to practice in  this  state,  and  consistent  with
    14  subdivision three of section six thousand nine hundred two of this chap-
    15  ter,  or  by  a  duly  licensed physician, physician assistant, or nurse
    16  practitioner, who is authorized to practice in the jurisdiction in which
    17  the examination was given, provided that the commissioner has determined
    18  that such jurisdiction has standards of licensure and practice  compara-
    19  ble  to  those  of  New York.   Each such certificate shall describe the
    20  condition of the student when the examination was made, which shall  not
    21  be  more than twelve months prior to the commencement of the school year
    22  in which the examination is  required,  and  shall  state  whether  such
    23  student  is in a fit condition of health to permit his or her attendance
    24  at the public schools.  Each  such  certificate  shall  also  state  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00154-01-9
        S. 415                              2
     1  student's body mass index (BMI) and weight status category. For purposes
     2  of  this  section, BMI is computed as the weight in kilograms divided by
     3  the square of height in meters or the weight in pounds  divided  by  the
     4  square  of  height  in  inches multiplied by a conversion factor of 703.
     5  Weight status categories  for  children  and  adolescents  shall  be  as
     6  defined by the commissioner of health.  Each such certificate shall also
     7  state that the student has undergone a heart test such as an electrocar-
     8  diogram, and state whether the student is fit to participate in physical
     9  education  or  other  physical  or  athletic  activities.  In all school
    10  districts such physician,  physician  assistant  or  nurse  practitioner
    11  shall determine whether a one-time test for sickle cell anemia is neces-
    12  sary  or  desirable  and  he  or  she  shall conduct such a test and the
    13  certificate shall state the results.
    14    § 2. Subdivision 1 of section 903 of the education law, as amended  by
    15  chapter 183 of the laws of 2017, is amended to read as follows:
    16    1.  A  health  certificate  shall  be furnished by each student in the
    17  public schools upon his or her entrance in such schools and upon his  or
    18  her entry into the grades prescribed by the commissioner in regulations,
    19  provided  that such regulations shall require such certificates at least
    20  twice during the elementary grades and twice in the secondary grades. An
    21  examination and health history of any child may be required by the local
    22  school authorities at any time in their discretion to promote the educa-
    23  tional interests of such child. Each certificate shall be  signed  by  a
    24  duly licensed physician, physician assistant, or nurse practitioner, who
    25  is  authorized  by  law  to  practice in this state, and consistent with
    26  subdivision three of section six thousand nine hundred two of this chap-
    27  ter, or by a duly licensed  physician,  physician  assistant,  or  nurse
    28  practitioner, who is authorized to practice in the jurisdiction in which
    29  the examination was given, provided that the commissioner has determined
    30  that  such jurisdiction has standards of licensure and practice compara-
    31  ble to those of New York.  Each  such  certificate  shall  describe  the
    32  condition  of the student when the examination was made, which shall not
    33  be more than twelve months prior to the commencement of the school  year
    34  in  which  the  examination  is  required,  and shall state whether such
    35  student is in a fit condition of health to permit his or her  attendance
    36  at the public schools. The examination may include a diabetes risk anal-
    37  ysis.  Each  such  certificate  shall also state the student's body mass
    38  index (BMI) and weight status category. For purposes  of  this  section,
    39  BMI  is  computed  as  the  weight in kilograms divided by the square of
    40  height in meters or the weight in pounds divided by the square of height
    41  in inches multiplied by a conversion factor of 703. Weight status  cate-
    42  gories  for  children and adolescents shall be as defined by the commis-
    43  sioner of health. Each certificate shall also state that the student has
    44  undergone a heart test such as an electrocardiogram, and  state  whether
    45  the  student  is fit to participate in physical education or other phys-
    46  ical or athletic activities. In all  school  districts  such  physician,
    47  physician  assistant  or  nurse  practitioner  shall determine whether a
    48  one-time test for sickle cell anemia is necessary or desirable and he or
    49  she shall conduct such a  test  and  the  certificate  shall  state  the
    50  results.
    51    § 3. This act shall take effect immediately; provided that section two
    52  of this act shall take effect on the same date and in the same manner as
    53  chapter 183 of the laws of 2017, takes effect.