senate Bill S3142B

2011-2012 Legislative Session

Requires public school students to be screened for eating disorders

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 19, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Feb 02, 2012 print number 3142b
amend (t) and recommit to higher education
Jan 05, 2012 print number 3142a
amend and recommit to higher education
Jan 04, 2012 referred to higher education
Apr 04, 2011 notice of committee consideration - requested
Feb 09, 2011 referred to higher education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S3142 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§903 & 904, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5011B

S3142 - Bill Texts

view summary

Requires public school students to be screened for eating disorders.

view sponsor memo
BILL NUMBER:S3142

TITLE OF BILL:
An act
to amend the education law and the public health law, in relation to
course work or training in early recognition of and intervention for
eating disorders

PURPOSE:
This bill requires certain health care professionals to
complete course work or training in early recognition of and
intervention for eating disorders.

SUMMARY OF PROVISIONS:
in 0
Section 1 of the bill adds a new section 6505-d
of the education law to require physicians and physician assistants
practicing in New York to complete coursework or training approved by
the department regarding the early recognition of and intervention
for eating disorders beginning on or before July 1, 2012 and every 4
years thereafter. The training will be developed in consultation with
the department of Health and it would be consistent with any
standards or best practices established by the comprehensive care
centers for eating disorders. The department shall provide exemptions
to anyone requesting one who demonstrates there is no need for them
to be trained, they have completed equivalent training or some other
good cause prevents completion of the training.

Section 2 of the bill amends Sec. 2805-k to include a reference to
section 1 of this bill so that a hospital or facility receives
documentation of appropriate training when granting or renewing
privileges.

Section 3 of the bill provides that the act will take effect on the
January 1 following enactment, provided that the commissioner of
education is immediately authorized to promulgate any rules or
regulation needed to implement the provision of this act.

EXISTING LAW:
Comprehensive Care Centers for Eating Disorders are
established pursuant to Article 27-J of the public health law. The
Child Performer Advisory Board to Prevent Eating Disorders is
established pursuant to Section 154 of the labor law.

JUSTIFICATION:
According to the National Eating Disorder Association,
there are as many as 10 million females and 1 million males in the
united States fighting a life and death battle with anorexia or
bulimia and another 25 million with 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.
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 ensure
that our health care professionals are given the appropriate training
and resources to adequately identify eating disorders and intervene
so that these diseases are caught early and lives are saved.

LEGISLATIVE HISTORY:
2009-2010: AS249 amended and recommitted to
higher education (print number A.8249A) S.5011B-Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The act will take effect on the January 1 following
enactment.

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

                                  3142

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced  by Sens. HUNTLEY, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the public health law, in relation
  to course work or training in early recognition  of  and  intervention
  for eating disorders

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

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S 6505-D. COURSE WORK OR TRAINING IN EARLY RECOGNITION OF  AND  INTER-
VENTION  FOR  EATING  DISORDERS. EVERY PHYSICIAN AND PHYSICIAN ASSISTANT
PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND
TWELVE,  COMPLETE  COURSE  WORK  OR  TRAINING APPROVED BY THE DEPARTMENT
REGARDING THE EARLY RECOGNITION OF AND INTERVENTION  FOR  EATING  DISOR-
DERS,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF HEALTH, WHICH SHALL BE
CONSISTENT, AS FAR AS APPROPRIATE, WITH ANY STANDARDS OR BEST  PRACTICES
ESTABLISHED  BY  THE  COMPREHENSIVE  CARE  CENTERS  FOR EATING DISORDERS
ESTABLISHED PURSUANT TO ARTICLE TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW.
EACH SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT  AT  THE  TIME  OF
REGISTRATION  COMMENCING  WITH  THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND TWELVE THAT THE PROFESSIONAL HAS COMPLETED COURSE  WORK  OR
TRAINING  IN  ACCORDANCE  WITH  THIS  SECTION,  PROVIDED, HOWEVER THAT A
PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)  OF  SUBDIVISION
ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-K OF THE PUBLIC HEALTH LAW
SHALL NOT BE REQUIRED TO PRODUCE SUCH DOCUMENTATION  OR  ATTESTATION  AS
PRESCRIBED BY THIS SECTION. THE ONE HOUR ONLINE COURSE SHALL CONSIST OF,
BUT  NOT  BE  LIMITED TO, INFORMATION REGARDING PHYSICAL, EMOTIONAL, AND
BEHAVIORAL INDICATORS OF EATING DISORDERS.  THE DEPARTMENT SHALL PROVIDE
AN EXEMPTION FROM THIS  REQUIREMENT  TO  ANYONE  WHO  REQUESTS  SUCH  AN
EXEMPTION  AND WHO CLEARLY DEMONSTRATES TO THE DEPARTMENT'S SATISFACTION
THAT (I) THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE  SUCH  COURSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01012-02-1

S. 3142                             2

WORK OR TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE, (II) THAT
HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE DEPARTMENT
TO  BE EQUIVALENT TO THE COURSE WORK OR TRAINING APPROVED BY THE DEPART-
MENT  PURSUANT  TO  THIS SECTION OR (III) SOME OTHER GOOD CAUSE PREVENTS
THEM FROM COMPLETING SUCH COURSE WORK OR TRAINING.
  S 2.  Subdivision 1 of section 2805-k of  the  public  health  law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  DOCUMENTATION THAT THE PHYSICIAN HAS COMPLETED THE COURSE WORK OR
TRAINING AS MANDATED BY SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF  THE
EDUCATION  LAW.  A HOSPITAL OR FACILITY SHALL NOT GRANT OR RENEW PROFES-
SIONAL PRIVILEGES OR ASSOCIATION TO A PHYSICIAN WHO  HAS  NOT  COMPLETED
SUCH COURSE WORK OR TRAINING.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  the
commissioner  of  education  is  immediately  authorized and directed to
promulgate, amend and/or repeal any rules and regulations  necessary  to
implement the provisions of this act on such effective date.

Co-Sponsors

S3142A - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§903 & 904, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5011B

S3142A - Bill Texts

view summary

Requires public school students to be screened for eating disorders.

view sponsor memo
BILL NUMBER:S3142A

TITLE OF BILL:
An act
to amend the education law and the public health law, in relation to
course work or training in early recognition of and intervention for
eating disorders

PURPOSE:
This bill requires certain health care professionals to
complete course work or training in early recognition of and
intervention for eating disorders.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 6505-d
of the education law to require physicians and physician assistants
practicing in New York to complete coursework or training approved by
the department regarding the early recognition of and intervention
for eating disorders beginning on or before July 1, 2012 and every 4
years thereafter. The training will be developed in consultation with
the department of Health and it would be consistent with any
standards or best practices established by the comprehensive care
centers for eating disorders. The department shall provide exemptions
to anyone requesting one who demonstrates there is no need for them
to be trained, they have completed equivalent training or some other
good cause prevents completion of the training.

Section 2 of the bill amends Sec. 2805-k to include a reference to
section 1 of this bill so that a hospital or facility receives
documentation of appropriate training when granting or renewing
privileges.

Section 3 of the bill provides that the act will take effect on the
January 1 following enactment, provided that the commissioner of
education is immediately authorized to promulgate any rules or
regulation needed to implement the provision of this act.

EXISTING LAW:
Comprehensive Care Centers for Eating Disorders are
established pursuant to Article 27-J of the public health law. The
Child Performer Advisory Board to Prevent Eating Disorders is
established pursuant to Section 154 of the labor law.

JUSTIFICATION:
According to the National Eating Disorder Association,
there are as many as 10 million females and 1 million males in the
united States fighting a life and death battle with anorexia or
bulimia and another 25 million with 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.
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 ensure
that our health care professionals are given the appropriate training
and resources to adequately identify eating disorders and intervene
so that these diseases are caught early and lives are saved.

LEGISLATIVE HISTORY:
2009-2010: A.8249 amended and recommitted to
higher education (print number A.8249A) S.5011B-Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The act will take effect on the January 1 following
enactment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3142--A

                       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

AN ACT to amend the education law and the public health law, in relation
  to course work or training in early recognition  of  and  intervention
  for eating disorders

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

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S 6505-D. COURSE WORK OR TRAINING IN EARLY RECOGNITION OF  AND  INTER-
VENTION  FOR  EATING  DISORDERS. EVERY PHYSICIAN AND PHYSICIAN ASSISTANT
PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND
THIRTEEN,  COMPLETE  COURSE  WORK OR TRAINING APPROVED BY THE DEPARTMENT
REGARDING THE EARLY RECOGNITION OF AND INTERVENTION  FOR  EATING  DISOR-
DERS,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF HEALTH, WHICH SHALL BE
CONSISTENT, AS FAR AS APPROPRIATE, WITH ANY STANDARDS OR BEST  PRACTICES
ESTABLISHED  BY  THE  COMPREHENSIVE  CARE  CENTERS  FOR EATING DISORDERS
ESTABLISHED PURSUANT TO ARTICLE TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW.
EACH SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT  AT  THE  TIME  OF
REGISTRATION  COMMENCING  WITH  THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND THIRTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
TRAINING IN ACCORDANCE WITH  THIS  SECTION,  PROVIDED,  HOWEVER  THAT  A
PROFESSIONAL  SUBJECT  TO THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K  OF  THE  PUBLIC  HEALTH  LAW
SHALL  NOT  BE  REQUIRED TO PRODUCE SUCH DOCUMENTATION OR ATTESTATION AS
PRESCRIBED BY THIS SECTION. THE ONE HOUR ONLINE COURSE SHALL CONSIST OF,
BUT NOT BE LIMITED TO, INFORMATION REGARDING  PHYSICAL,  EMOTIONAL,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01012-03-1

S. 3142--A                          2

BEHAVIORAL INDICATORS OF EATING DISORDERS.  THE DEPARTMENT SHALL PROVIDE
AN  EXEMPTION  FROM  THIS  REQUIREMENT  TO  ANYONE  WHO REQUESTS SUCH AN
EXEMPTION AND WHO CLEARLY DEMONSTRATES TO THE DEPARTMENT'S  SATISFACTION
THAT  (I)  THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE
WORK OR TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE, (II) THAT
HE OR SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE DEPARTMENT
TO BE EQUIVALENT TO THE COURSE WORK OR TRAINING APPROVED BY THE  DEPART-
MENT  PURSUANT  TO  THIS SECTION OR (III) SOME OTHER GOOD CAUSE PREVENTS
THEM FROM COMPLETING SUCH COURSE WORK OR TRAINING.
  S 2.  Subdivision 1 of section 2805-k of  the  public  health  law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  DOCUMENTATION THAT THE PHYSICIAN HAS COMPLETED THE COURSE WORK OR
TRAINING AS MANDATED BY SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF  THE
EDUCATION  LAW.  A HOSPITAL OR FACILITY SHALL NOT GRANT OR RENEW PROFES-
SIONAL PRIVILEGES OR ASSOCIATION TO A PHYSICIAN WHO  HAS  NOT  COMPLETED
SUCH COURSE WORK OR TRAINING.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  the
commissioner  of  education  is  immediately  authorized and directed to
promulgate, amend and/or repeal any rules and regulations  necessary  to
implement the provisions of this act on such effective date.

Co-Sponsors

view additional co-sponsors

S3142B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§903 & 904, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5011B

S3142B (ACTIVE) - Bill Texts

view summary

Requires public school students to be screened for eating disorders.

view 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 full text
download pdf
                    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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