S T A T E O F N E W Y O R K
________________________________________________________________________
6998
2013-2014 Regular Sessions
I N A S S E M B L Y
April 29, 2013
___________
Introduced by M. of A. GABRYSZAK -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring that
scoliosis screenings be performed by a chiropractor for students in
the third, sixth and ninth grades
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 901 of the education law, as added
by chapter 477 of the laws of 2004, is amended to read as follows:
2. School health services for the purposes of this article shall mean
the several procedures, including, but not limited to, medical examina-
tions, dental inspection and/or screening, scoliosis screening, vision
screening and audiometer tests, designed to determine the health status
of the child; to inform parents or other persons in parental relation to
the child, pupils and teachers of the individual child's health condi-
tion subject to federal and state confidentiality laws; to guide
parents, children and teachers in procedures for preventing and correct-
ing defects and diseases; to instruct the school personnel in procedures
to take in case of accident or illness; to survey and make necessary
recommendations concerning the health and safety aspects of school
facilities and the provision of health information. SCOLIOSIS SCREENING
SHALL BE PERFORMED BY A CHIROPRACTOR DURING A CHILD'S THIRD, SIXTH AND
NINTH YEAR OF SCHOOL.
S 2. Subdivisions 1 and 2 of section 905 of the education law, as
amended by chapter 477 of the laws of 2004, are amended to read as
follows:
1. The director of school health services of each school district in
this state that is required to provide school health services, or the
health department or agency otherwise responsible to provide such
services, shall conduct screening examinations of vision[,] AND hear-
ing[, and scoliosis] of all students at such times and as defined in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10311-01-3
A. 6998 2
regulations of the commissioner, and at any time deemed necessary. A
CHIROPRACTOR SHALL CONDUCT SCREENING EXAMINATIONS OF SCOLIOSIS OF ALL
STUDENTS ON SUCH STUDENTS' THIRD, SIXTH AND NINTH YEAR OF SCHOOL.
2. Notwithstanding any other provisions of any general, special or
local law, the [school authorities] CHIROPRACTOR charged with the duty
of making such screening examinations of students for the presence of
scoliosis pursuant to this section shall not suffer any liability to any
person as a result of making such screening examination, which liability
would not have existed by any provision of law, statutory or otherwise,
in the absence of this section. The positive results of any such screen-
ing examinations of students for the presence of scoliosis shall be in
writing and the parent of, or person in parental relation to, any child
in whom the presence of scoliosis is found shall be advised of such
results by the school authorities within ninety days after the finding
of the presence of scoliosis is made.
S 3. This act shall take effect immediately.