S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4455
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to requiring heart exam-
   inations for students
 
   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
 amended by chapter 376 of the laws  of  2015,  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
 subdivision three of section six thousand nine hundred two of this chap-
 ter, or by a duly licensed  physician,  physician  assistant,  or  nurse
 practitioner, who is authorized to practice in the jurisdiction in which
 the examination was given, provided that the commissioner has determined
 that  such jurisdiction has standards of licensure and practice compara-
 ble 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 multiplied by a  conversion  factor  of  703.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00154-01-9

 A. 4455                             2
 
 Weight  status  categories  for  children  and  adolescents  shall be as
 defined by the commissioner of health.  EACH SUCH CERTIFICATE SHALL ALSO
 STATE THAT THE STUDENT HAS UNDERGONE A HEART TEST SUCH AS AN ELECTROCAR-
 DIOGRAM, AND STATE WHETHER THE STUDENT IS FIT TO PARTICIPATE IN PHYSICAL
 EDUCATION  OR  OTHER  PHYSICAL  OR  ATHLETIC  ACTIVITIES.  In all school
 districts such physician,  physician  assistant  or  nurse  practitioner
 shall determine whether a one-time test for sickle cell anemia is neces-
 sary  or  desirable  and  he  or  she  shall conduct such a test and the
 certificate shall state the results.
   § 2. Subdivision 1 of section 903 of the education law, as amended  by
 chapter 183 of the laws of 2017, 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
 subdivision three of section six thousand nine hundred two of this chap-
 ter, or by a duly licensed  physician,  physician  assistant,  or  nurse
 practitioner, who is authorized to practice in the jurisdiction in which
 the examination was given, provided that the commissioner has determined
 that  such jurisdiction has standards of licensure and practice compara-
 ble 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. The examination may include a diabetes risk anal-
 ysis.  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. EACH CERTIFICATE SHALL ALSO STATE THAT THE STUDENT HAS
 UNDERGONE A HEART TEST SUCH AS AN ELECTROCARDIOGRAM, AND  STATE  WHETHER
 THE  STUDENT  IS FIT TO PARTICIPATE IN PHYSICAL EDUCATION OR OTHER PHYS-
 ICAL OR ATHLETIC ACTIVITIES. 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.
   § 3. This act shall take effect immediately; provided that section two
 of this act shall take effect on the same date and in the same manner as
 chapter 183 of the laws of 2017, takes effect.