S T A T E O F N E W Y O R K
________________________________________________________________________
2866--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. AUBRY, PERRY -- read once and referred to the
Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to requiring preventative
cardiac screening of student athletes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 55 to read as follows:
55. A. FOR PURPOSES OF THIS SUBDIVISION, "STUDENT ATHLETE" SHALL MEAN
ANY STUDENT PARTICIPATING IN SUPERVISED SPORTING ACTIVITIES ORGANIZED OR
SPONSORED BY A PUBLIC OR PRIVATE SCHOOL, OR AN ORGANIZATION, ASSOCIATION
OR GROUP ORGANIZED AND FUNCTIONING, IN WHOLE OR IN PART, FOR THE PURPOSE
OF PROVIDING YOUTH WITH THE OPPORTUNITY TO PARTICIPATE IN SUPERVISED
SPORTING ACTIVITIES.
B. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, PROMULGATE REGULATIONS AND GUIDELINES REQUIRING STUDENT ATHLETES
TO RECEIVE PREVENTATIVE CARDIAC SCREENING TO DETECT CONDITIONS AND
DEFECTS WHICH MAY LEAD TO ILLNESS, INJURY OR DEATH AS A RESULT OF STREN-
UOUS PHYSICAL ACTIVITY.
C. SUCH REGULATIONS SHALL INCLUDE A PROVISION REQUIRING STUDENT
ATHLETES IN GRADES NINE THROUGH TWELVE TO BE SUBJECT TO A PRE-PARTICI-
PATION PHYSICAL EVALUATION WHICH SHALL INCLUDE A PREVENTATIVE CARDIAC
SCREENING BEFORE BEING ALLOWED TO PARTICIPATE IN AN ATHLETIC ACTIVITY
SPONSORED BY OR SANCTIONED BY ANY PUBLIC OR PRIVATE HIGH SCHOOL. SUCH
PREVENTATIVE CARDIAC SCREENING MUST BE SATISFIED THROUGH AN ELECTROCAR-
DIOGRAM EXAMINATION. AN ELECTROCARDIOGRAM MAY BE OBTAINED THROUGH ANY
APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL. THE ELEC-
TROCARDIOGRAM MUST BE ADMINISTERED:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00364-02-6
A. 2866--A 2
(I) BEFORE THE STUDENT'S FIRST YEAR OF PARTICIPATION IN ANY SCHOOL
SPONSORED ATHLETIC ACTIVITY; AND
(II) BEFORE THE STUDENT'S THIRD YEAR OF PARTICIPATION.
D. REGULATIONS OR GUIDELINES ESTABLISHED BY THE COMMISSIONER PURSUANT
TO THIS SUBDIVISION MAY BE BASED ON THE MOST CURRENT EDITION OF THE
NATIONALLY RECOGNIZED PRE-PARTICIPATION PHYSICAL EVALUATION QUESTION-
NAIRE, PROVIDED THAT SUCH QUESTIONNAIRE SHALL INCLUDE AN ELECTROCARDIO-
GRAM AND A HEART HISTORY SUBSECTION FOR THE STUDENT-ATHLETE.
E. NOTHING WITHIN THIS SUBDIVISION SHALL BE CONSTRUED TO CREATE,
ESTABLISH, EXPAND, REDUCE, CONTRACT OR ELIMINATE A CAUSE OF ACTION OR
LIABILITY AGAINST AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE
PROFESSIONAL, A SCHOOL DISTRICT, OR A DISTRICT OFFICER OR EMPLOYEE FOR
THE INJURY OR DEATH OF A STUDENT PARTICIPATING IN OR PRACTICING FOR AN
ATHLETIC ACTIVITY SPONSORED OR SANCTIONED BY A PUBLIC OR PRIVATE HIGH
SCHOOL BASED ON OR IN CONNECTION WITH THE ADMINISTRATION OR EVALUATION
OF OR RELIANCE ON AN ELECTROCARDIOGRAM.
F. REGULATIONS ADOPTED UNDER PARAGRAPH B OF THIS SUBDIVISION SHALL
INCLUDE A RULE FOR GRANTING A WAIVER FROM ADMINISTRATION OF AN ELECTRO-
CARDIOGRAM UNDER THIS SECTION TO A STUDENT ATHLETE IN RESPONSE TO A
WRITTEN REQUEST FROM THE PARENT OR GUARDIAN CLAIMING A FINANCIAL HARD-
SHIP OR FOR RELIGIOUS REASONS.
G. THE COMMISSIONER SHALL DETERMINE THE SPECIFIC TYPES OF SCREENING
WHICH SHALL BE REQUIRED PURSUANT TO THIS SUBDIVISION INCLUDING, BUT NOT
LIMITED TO, ADVANCED SCREENING FOR THE DIAGNOSIS OF HYPERTROPHIC
CARDIOMYOPATHY.
S 2. This act shall take effect immediately.