S T A T E   O F   N E W   Y O R K
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                                  8186

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             October 4, 2013
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Education

AN  ACT  to amend the education law, in relation to including psycholog-
  ical screening for students in public schools as part of the  required
  health certificate

  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 chapter 281 and section 11 of part B of chapter 58  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  THAT  A  PSYCHOLOGICAL  EXAMINATION WAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08376-01-3
              

A. 8186                             2

PERFORMED AND THAT THE CHILD IS MENTALLY FIT  TO  PERMIT  ATTENDANCE  AT
SCHOOL.  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 multiplied by a conversion factor of 703. Weight status  cate-
gories  for  children and adolescents shall be as defined by the commis-
sioner 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 a test and the certificate shall state the results.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.