S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3452
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. AUBRY, PERRY -- read once and referred to the
   Committee on Health
 
 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 56 to read as follows:
   56.  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:
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08143-01-7

 A. 3452                             2
 
   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.
   § 2. This act shall take effect immediately.