Assembly Bill A10149A

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

                                  10149

                          I N  A S S E M B L Y

                               May 9, 2012
                               ___________

Introduced  by  M. of A. P. RIVERA, J. MILLER, N. RIVERA, ORTIZ, TITONE,
  MAISEL, CRESPO, COLTON,  CASTRO,  BOYLAND,  ROBERTS,  WEPRIN,  GIBSON,
  STEVENSON,  MONTESANO,  SALADINO,  MARKEY,  LINARES,  THIELE,  JAFFEE,
  CLARK, MILLMAN, LIFTON, GUNTHER,  BARRON,  LUPARDO,  LENTOL,  KELLNER,
  GALEF,  MAGNARELLI,  HOOPER,  J. RIVERA,  ROBINSON,  RAMOS, ROSENTHAL,
  HEASTIE, PAULIN, MENG, ENGLEBRIGHT,  SIMOTAS,  COOK,  TITUS,  RUSSELL,
  BENEDETTO,  REILLY  -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN,
  CALHOUN, CERETTO, CYMBROWITZ, DUPREY, GOTTFRIED, GRAF, JORDAN, MALLIO-
  TAKIS, McDONOUGH,  McENENY,  McKEVITT,  MURRAY,  PERRY,  RA,  REILICH,
  TENNEY,  WEISENBERG  --  read  once  and  referred to the Committee on
  Health

AN ACT to amend the public health law, in relation to  establishing  the
  eating  disorders  awareness  and prevention program; and to amend the
  education law, in relation to screening students for eating disorders

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

  Section  1.  The  public health law is amended by adding a new article
27-FF to read as follows:
                              ARTICLE 27-FF
            EATING DISORDERS AWARENESS AND PREVENTION PROGRAM
SECTION 2790. EATING DISORDERS AWARENESS AND PREVENTION PROGRAM;  ESTAB-
                LISHMENT.
        2791. PROGRAM DEVELOPMENT.
  S  2790. EATING DISORDERS AWARENESS AND PREVENTION PROGRAM; ESTABLISH-
MENT.  THE EATING DISORDERS AWARENESS AND PREVENTION PROGRAM  IS  ESTAB-
LISHED WITHIN THE DEPARTMENT.
  S  2791.  PROGRAM  DEVELOPMENT.  1. THE EATING DISORDERS AWARENESS AND
PREVENTION PROGRAM SHALL BE DESIGNED TO PROMOTE THE AWARENESS OF  EATING
DISORDERS  AND  AVAILABLE SERVICES, AS WELL AS TO PREVENT AND REDUCE THE
INCIDENCE AND PREVALENCE OF EATING DISORDERS, ESPECIALLY AMONG  CHILDREN
AND ADOLESCENTS.  RECOGNIZING THAT EARLY IDENTIFICATION AND INTERVENTION
OF EATING DISORDERS IS ESSENTIAL, THIS PROGRAM SHALL PROVIDE A MULTI-FA-
CETED APPROACH TO ACHIEVE ITS INTENDED GOALS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15726-01-2
              

A. 10149                            2

  2.  THE  EATING  DISORDERS  AWARENESS AND PREVENTION PROGRAM SHALL, IN
CONSULTATION AND COOPERATION WITH THE DEPARTMENT OF EDUCATION,  THE  NEW
YORK  STATE  COMPREHENSIVE  CARE  CENTERS  FOR  EATING DISORDERS AND THE
NATIONAL EATING DISORDERS ASSOCIATION, BE ESTABLISHED IN ORDER  TO,  BUT
NOT BE LIMITED TO:
  (A)  DEVELOP  MEDIA  HEALTH  PROMOTION CAMPAIGNS TARGETED TO CHILDREN,
ADOLESCENTS AND THEIR PARENTS OR CAREGIVERS THAT RAISE  AWARENESS  ABOUT
EATING  DISORDERS AND PROVIDE INFORMATION AND RESOURCES ON WHERE TO SEEK
HELP;
  (B) ESTABLISH SCHOOL-BASED EATING DISORDERS AWARENESS  AND  PREVENTION
PROGRAMS WITH LINKAGES TO HEALTH EDUCATION COURSES;
  (C) SPONSOR PERIODIC CONFERENCES OR MEETINGS TO BRING TOGETHER EXPERTS
IN  PUBLIC  HEALTH,  MENTAL  HEALTH,  EDUCATION,  PARENTING, MEDIA, FOOD
MARKETING, AND OTHER DISCIPLINES TO EXAMINE SOLUTIONS TO THE PROBLEM  OF
EATING DISORDERS AND MAKE RECOMMENDATIONS FOR FURTHER STATE POLICIES AND
PROGRAMS; AND
  (D)  DEVELOP, PROMOTE AND MAKE AVAILABLE TRAINING PROGRAMS FOR MEDICAL
AND OTHER  HEALTH  PROFESSIONALS  TO  BETTER  UNDERSTAND,  IDENTIFY  AND
PROVIDE  APPROPRIATE  TREATMENT  AND/OR  REFERRALS OF PATIENTS AND THEIR
FAMILIES.
  3. THE DEPARTMENT SHALL PERIODICALLY COLLECT AND  ANALYZE  INFORMATION
FROM  SCHOOLS,  HEALTH  AND  NUTRITION  PROGRAMS, THE COMPREHENSIVE CARE
CENTERS FOR EATING DISORDERS AND OTHER SOURCES TO DETERMINE  THE  PREVA-
LENCE  OF EATING DISORDERS IN THIS STATE, AND TO EVALUATE, TO THE EXTENT
POSSIBLE, THE  EFFECTIVENESS  OF  THE  EATING  DISORDERS  AWARENESS  AND
PREVENTION  PROGRAM  AND OTHER STATE PROGRAMS DESIGNED TO ADDRESS EATING
DISORDERS.
  S 2. 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 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
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.

A. 10149                            3

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  3. 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
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

A. 10149                            4

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 4. This act shall take effect on the ninetieth day  after  it  shall
have  become a law, except that sections two and three of 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.