senate Bill S3142B

Requires public school students to be screened for eating disorders

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Feb / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Apr / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 05 / Jan / 2012
    • PRINT NUMBER 3142A
  • 02 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 02 / Feb / 2012
    • PRINT NUMBER 3142B
  • 19 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 19 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Requires public school students to be screened for eating disorders.

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Bill Details

Versions:
S3142
S3142A
S3142B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd ยงยง903 & 904, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S5011B

Sponsor Memo

BILL NUMBER:S3142B

TITLE OF BILL:
An act
to amend the education law, in relation to screening of students for
eating disorders

PURPOSE OR GENERAL IDEA OF BILL:
Will require public school students to be screened for eating
disorders.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 1 of section
903 of the education law, as separately amended by section 11 of part
B of chapter 58 and chapter 281 of the laws of 2007, is amended that
a health certificated shall be furnished by each student in the
public schools upon his or her entrance in such schools. An
examination and health history of any child may be required by the
local school authorities at any time in their discretion. Each
certificate is required at least twice during the elementary grades
and twice in the secondary grades and they shall be signed by a duly
licensed physician, physician assistant, or nurse practitioner who is
authorized by law to practice in the state or jurisdiction in which,
the examination was driven. Furthermore, each certificate shall
include an assessment of the student for eating disorders.

Subdivision 1 of section 904 of the education law, as amended by
section 12 of part B of chapter 5S of the laws of 2007 is amended to
require each principal of a public school to report to the director
of school health services all names of children who have not
furnished health certificates or who are children with disabilities.
If it should be ascertained, upon such test or examination, that any
of such students have an eating disorder, the principal shall notify
the parents.

This act shall take effect on the first of July next succeeding the
date of which it shall have become a law.

JUSTIFICATION:
According to the National Eating Disorder Association,
nearly 24 million people suffer from anorexia, bulimia, and binge
eating disorder. Millions practice disordered eating due to an
obsession with dieting. Over the years these numbers have continued
to rise, along with the stigma and lack of awareness of eating
disorders.

The peak onset of eating disorders occurs during puberty and the late
teen/early adult years, but symptoms can occur as young as
kindergarten.
According to the National Institute of Mental Health, eating disorders
are serious illnesses with a biological basis modified and influenced
by emotional and cultural factors. Eating disorders are preventable

and treatable, yet hundreds of people die from them each year because
of
laze/inaccurate diagnosis. Anorexia has the highest morality rate of
any mental illness. Eating disorders are serious mental illnesses
with often severe physical consequences. They also cross all racial
lines. A recent 10 year study found that African American girls are
50% more likely to be bulimic than are white girls. Sadly, many of
these and other cases go undetected and untreated.

New York State recognizes the importance of addressing this problem
and has already taken some important first. In 2004 the Legislature
established and funded a network of Comprehensive Care Centers for
Eating Disorders around the state. In 2007 ,the Legislature took
another step and established the Child Performer Advisory Board to
Prevent Eating Disorders. This board is expected to report its
recommendations in the near future. Despite the State's leadership
role in this area, many misconceptions and misdiagnosis continue to
surround eating disorders.
New York State must take the next step and pass this bill to help in
identifying and treating of eating disorders early so that lives can
be saved. Screening by physicians prior to admission to school is
already a law and to add a quick check on eating disorders would be
of minimal inconvenience to physicians.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Not applicable.

EFFECTIVE DATE:
This act shall take effect on the first of July next
succeeding the date of which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3142--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced  by  Sens. HUNTLEY, BONACIC, PARKER -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Higher
  Education  --  recommitted  to  the  Committee  on Higher Education in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the education law, in relation to screening of students
  for eating disorders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 903 of the education law, as sepa-
rately  amended by section 11 of part B of chapter 58 and chapter 281 of
the laws of 2007, is amended to read as follows:
  1. A health certificate shall be furnished  by  each  student  in  the
public  schools upon his or her entrance in such schools and upon his or
her entry into the grades prescribed by the commissioner in regulations,
provided that such regulations shall require such certificates at  least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional  interests  of  such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with  any
applicable  written practice agreement, or by a duly licensed physician,
physician assistant, or nurse practitioner, who is authorized  to  prac-
tice  in  the  jurisdiction in which the examination was given, provided
that the commissioner has determined that such jurisdiction  has  stand-
ards  of  licensure  and  practice comparable to those of New York. Each
such certificate shall describe the condition of the  student  when  the
examination  was  made, which shall not be more than twelve months prior

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01012-05-2

S. 3142--B                          2

to the commencement of the school  year  in  which  the  examination  is
required,  and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools. Each  such
certificate  shall  also  state  the student's body mass index (BMI) and
weight status category.  For purposes of this section, BMI  is  computed
as  the weight in kilograms divided by the square of height in meters or
the weight in pounds divided by the square of height  in  inches  multi-
plied  by a conversion factor of 703. Weight status categories for chil-
dren and adolescents shall be as defined by the commissioner of  health.
FURTHERMORE,  EACH  SUCH  CERTIFICATE SHALL INCLUDE AN ASSESSMENT OF THE
STUDENT FOR EATING DISORDERS. SUCH ASSESSMENT SHALL BE CONDUCTED  PURSU-
ANT  TO  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER OF HEALTH. In all
school districts such physician, physician assistant  or  nurse  practi-
tioner shall determine whether a one-time test for sickle cell anemia is
necessary  or  desirable and he or she shall conduct such a test and the
certificate shall state the results.
  S 2. Subdivision 1 of section 904 of the education law, as amended  by
section  12  of  part B of chapter 58 of the laws of 2007, is amended to
read as follows:
  1. Each principal of a public school, or his or  her  designee,  shall
report  to  the  director  of school health services having jurisdiction
over such school, the names of  all  students  who  have  not  furnished
health  certificates  as  provided in section nine hundred three of this
article, or who are children with disabilities, as  defined  by  article
eighty-nine  of this chapter, and the director of school health services
shall cause such students to be separately and  carefully  examined  and
tested  to ascertain whether any student has defective sight or hearing,
AN EATING DISORDER, or any other physical disability which may  tend  to
prevent  him  or  her from receiving the full benefit of school work, or
from requiring a modification of such work  to  prevent  injury  to  the
student  or  from receiving the best educational results.  Each examina-
tion shall also include a calculation of the student's body  mass  index
(BMI)  and  weight status category. For purposes of this section, BMI is
computed as the weight in kilograms divided by the square of  height  in
meters or the weight in pounds divided by the square of height in inches
multiplied  by  a conversion factor of 703. Weight status categories for
children and adolescents shall be as  defined  by  the  commissioner  of
health.  In all school districts, such physician, physician assistant or
nurse practitioner shall determine whether a one-time  test  for  sickle
cell  anemia  is necessary or desirable and he or she shall conduct such
tests and the certificate shall state  the  results.  If  it  should  be
ascertained,  upon  such  test or examination, that any of such students
have defective sight or hearing, AN EATING DISORDER, or  other  physical
disability,  including sickle cell anemia, as above described, the prin-
cipal or his or her designee shall  notify  the  parents  of,  or  other
persons  in  parental relation to, the child as to the existence of such
disability OR DISORDER.  If the parents or  other  persons  in  parental
relation  are  unable  or  unwilling to provide the necessary relief and
treatment for such students, such fact shall be reported by the  princi-
pal  or  his  or her designee to the director of school health services,
whose duty it shall be to provide relief for such students. Each  school
and  school district chosen as part of an appropriate sampling methodol-
ogy shall participate in surveys directed by the commissioner of  health
pursuant  to  the  public  health  law  in relation to students' BMI and
weight status categories as  determined  by  the  examination  conducted
pursuant  to  this  section  and  which shall be subject to audit by the

S. 3142--B                          3

commissioner of health.  Such  surveys  shall  contain  the  information
required  pursuant  to this subdivision in relation to students' BMI and
weight status categories in  aggregate.  Parents  or  other  persons  in
parental  relation to a student may refuse to have the student's BMI and
weight status category included in such survey. Each school  and  school
district  shall provide the commissioner of health with any information,
records and reports he or she may require for the purpose of such audit.
The BMI and weight status survey and audit as described in this  section
shall  be conducted consistent with confidentiality requirements imposed
by federal law. Data collection for such surveys  shall  commence  on  a
voluntary  basis  at  the  beginning  of the two thousand seven academic
school year, and by all schools chosen as part of the sampling methodol-
ogy at the beginning of the two thousand eight academic school year. The
department shall also utilize the collected data to develop a report  of
child obesity and obesity related diseases.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law, provided  that,  effective
immediately,  any  rules  and  regulations  necessary  to  implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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