S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4159
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to enacting the "Healthy Cardiac Monitoring Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Healthy Cardiac Monitoring Act".
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 60 to read as follows:
   60.  A.  THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF
 HEALTH, SHALL PROMULGATE AND REVIEW, AS NECESSARY, RULES AND REGULATIONS
 RELATING TO ANNUAL PHYSICAL EXAMINATIONS OF STUDENTS NINETEEN  YEARS  OF
 AGE OR YOUNGER. EACH SUCH EXAMINATION SHALL BE CONDUCTED BY A PHYSICIAN,
 PHYSICIAN  ASSISTANT,  OR NURSE PRACTITIONER AND SHALL INCLUDE QUESTIONS
 THAT EVALUATE SUCH CHILD'S FAMILY HISTORY WITH RESPECT  TO  THE  CARDIAC
 CONDITIONS CONTAINED IN THE "PREPARTICIPATION PHYSICAL EVALUATION" (PPE)
 FORM  DEVELOPED  JOINTLY  BY  THE AMERICAN ACADEMY OF FAMILY PHYSICIANS,
 AMERICAN ACADEMY OF PEDIATRICS, AMERICAN  COLLEGE  OF  SPORTS  MEDICINE,
 AMERICAN MEDICAL SOCIETY FOR SPORTS MEDICINE, AMERICAN ORTHOPAEDIC SOCI-
 ETY  FOR  SPORTS  MEDICINE,  AND  AMERICAN OSTEOPATHIC ACADEMY OF SPORTS
 MEDICINE AND THE AMERICAN HEART ASSOCIATION'S FOURTEEN  POINT  SCREENING
 FOR HEART DISEASE IN THE YOUNG.
   B.  THE  COMMISSIONER  AND  THE COMMISSIONER OF HEALTH SHALL DEVELOP A
 STATEWIDE CARDIAC EVALUATION FORM FOR USE IN ALL SUCH EXAMINATIONS WHICH
 SHALL, IN ADDITION TO THE QUESTIONS CONTAINED IN THE PPE  FORM,  INCLUDE
 THE  FOLLOWING  QUESTIONS  RELATING  TO  THE HEART HEALTH HISTORY OF THE
 CHILD:
   "(I) HAVE YOU EVER FAINTED, PASSED OUT, OR HAD AN UNEXPLAINED  SEIZURE
 SUDDENLY  AND WITHOUT WARNING, ESPECIALLY DURING EXERCISE OR IN RESPONSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08964-01-3
 A. 4159                             2
              

 
 TO SUDDEN LOUD NOISES, SUCH AS DOORBELLS, ALARM CLOCKS, OR RINGING TELE-
 PHONES?
   (II)  HAVE  YOU  EVER  HAD EXERCISE RELATED CHEST PAIN OR SHORTNESS OF
 BREATH?
   (III) HAS ANYONE IN  YOUR  IMMEDIATE  FAMILY  (PARENTS,  GRANDPARENTS,
 SIBLINGS) OR OTHER, MORE DISTANT RELATIVES (AUNTS, UNCLES, COUSINS) DIED
 OF  HEART  PROBLEMS  OR HAD AN UNEXPECTED SUDDEN DEATH BEFORE AGE FIFTY?
 THIS WOULD INCLUDE UNEXPECTED DROWNINGS,  UNEXPLAINED  AUTO  CRASHES  IN
 WHICH THE RELATIVE WAS DRIVING, OR SUDDEN INFANT DEATH SYNDROME (SIDS).
   (IV)  ARE  YOU  RELATED  TO ANYONE WITH HYPERTROPHIC CARDIOMYOPATHY OR
 HYPERTROPHIC OBSTRUCTIVE CARDIOMYOPATHY, MARFAN SYNDROME, ARRHYTHMOGENIC
 CARDIOMYOPATHY, LONG QT SYNDROME, SHORT QT SYNDROME,  BRUGADA  SYNDROME,
 OR  CATECHOLAMINERGIC POLYMORPHIC VENTRICULAR TACHYCARDIA, WOLFF-PARKIN-
 SON-WHITE SYNDROME OR ANYONE YOUNGER THAN FIFTY  YEARS  OF  AGE  WITH  A
 PACEMAKER OR IMPLANTABLE DEFIBRILLATOR?"
   C.  THE  COMMISSIONER  AND  THE COMMISSIONER OF HEALTH SHALL DEVELOP A
 COURSE OF INSTRUCTION IN CHILDHOOD CARDIAC SCREENING FOR ALL PHYSICIANS,
 PHYSICIAN ASSISTANTS, OR NURSE PRACTITIONERS WHO PERFORM ANNUAL PHYSICAL
 EXAMINATIONS PURSUANT TO THIS SUBDIVISION AND ARTICLE NINETEEN  OF  THIS
 CHAPTER.  SUCH  COURSE OF INSTRUCTION SHALL INCLUDE A PAMPHLET PUBLISHED
 BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH CONTAINING  THE  INFORMA-
 TION  DEVELOPED  PURSUANT  TO  SECTION NINE HUNDRED TWENTY-THREE OF THIS
 CHAPTER AND SUBDIVISION THIRTY-ONE OF SECTION TWO  HUNDRED  SIX  OF  THE
 PUBLIC  HEALTH  LAW.  SUCH COURSE OF INSTRUCTION SHALL BE REQUIRED TO BE
 COMPLETED EVERY FOUR YEARS BY ALL PHYSICIANS, PHYSICIAN  ASSISTANTS,  OR
 NURSE  PRACTITIONERS  SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION. THE
 COMMISSIONER SHALL ISSUE A CERTIFICATE  UPON  SUCCESSFUL  COMPLETION  OF
 SUCH  COURSE  OF  INSTRUCTION BY SUCH PHYSICIAN, PHYSICIAN ASSISTANT, OR
 NURSE PRACTITIONER, WHO SHALL MAINTAIN SUCH  CERTIFICATE  FOR  NOT  LESS
 THAN  FOUR  YEARS  FOLLOWING COMPLETION OF SUCH COURSE. EVERY PHYSICIAN,
 PHYSICIAN ASSISTANT, AND NURSE PRACTITIONER SUBJECT TO THIS  SUBDIVISION
 SHALL,  IN  ANY  APPLICATION  FOR RENEWAL OF SUCH PHYSICIAN'S, PHYSICIAN
 ASSISTANT'S, OR NURSE PRACTITIONER'S  PROFESSIONAL  LICENSE  OR  CERTIF-
 ICATION  ISSUED  PURSUANT TO THIS CHAPTER, ATTEST THAT SUCH PROFESSIONAL
 HAS COMPLETED SUCH COURSE OF INSTRUCTION AND READ THE PAMPHLET DESCRIBED
 IN THIS PARAGRAPH WITHIN THE FOUR-YEAR PERIOD  PRECEDING  SUCH  APPLICA-
 TION.
   D. THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL ALSO
 PROHIBIT  ANY  STUDENT  ENROLLED IN ANY PRIMARY OR SECONDARY SCHOOL FROM
 PARTICIPATING IN AN ATHLETIC PROGRAM, AS DEFINED IN SUBDIVISION NINE  OF
 SECTION  THIRTY-TWO HUNDRED EIGHT-A OF THIS CHAPTER, UNLESS SUCH STUDENT
 SHALL HAVE UNDERGONE THE PHYSICAL EXAMINATION REQUIRED BY THIS  SUBDIVI-
 SION,  INCLUDING  THE  ADDITIONAL  QUESTIONS  RELATING TO SUCH STUDENT'S
 CARDIAC HEALTH HISTORY WITHIN THE SIXTY DAYS PRECEDING THE  FIRST  PRAC-
 TICE OF THE APPLICABLE ATHLETIC SEASON.
   E.  THE PAMPHLET DESCRIBED IN PARAGRAPH C OF THIS SUBDIVISION SHALL BE
 DISTRIBUTED, AT NO CHARGE, TO ALL PUBLIC SCHOOL DISTRICTS IN  THE  STATE
 AND  SHALL  BE  MADE AVAILABLE TO ALL SCHOOL DISTRICTS IN THE STATE UPON
 REQUEST. BEGINNING IN THE FIRST SCHOOL YEAR  THAT  COMMENCES  AFTER  THE
 EFFECTIVE  DATE  OF THIS SUBDIVISION, ALL SCHOOL DISTRICTS IN RECEIPT OF
 SUCH PAMPHLET SHALL DISSEMINATE  IT  TO  ALL  PARENTS  OR  GUARDIANS  OF
 STUDENTS  PARTICIPATING  IN  ATHLETIC  PROGRAMS  UPON  THE COMPLETION OF
 ATHLETIC PROGRAM PERMISSION FORMS AND AS PART OF THE  STUDENT'S  PREPAR-
 TICIPATION  PHYSICAL EXAMINATION. SUCH STUDENT AND SUCH STUDENT'S PARENT
 OR GUARDIAN SHALL CERTIFY IN WRITING THAT  THEY  RECEIVED  AND  REVIEWED
 A. 4159                             3
 
 SUCH  PAMPHLET.  SUCH  PAMPHLET SHALL BE UPDATED BY THE COMMISSIONER AND
 THE COMMISSIONER OF HEALTH AS NECESSARY.
   §  3. 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] ANNUALLY during the elementary grades and [twice in the]  second-
 ary  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 educational 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]
 SIXTY-NINE hundred two of this chapter, 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. The  exam-
 ination  may  include  a  diabetes  risk analysis. 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 conver-
 sion factor of 703. Weight status categories for  children  and  adoles-
 cents  shall  be  as  defined  by  the commissioner of health. EACH SUCH
 CERTIFICATE SHALL ALSO INCLUDE  AN  EVALUATION  OF  THE  CHILD'S  FAMILY
 HISTORY  WITH  RESPECT  TO  CARDIAC  CONDITIONS  IN  ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION SIXTY OF SECTION THREE HUNDRED  FIVE  OF  THIS
 CHAPTER  AND  SUBDIVISION  THIRTY-TWO  OF SECTION TWO HUNDRED SIX OF THE
 PUBLIC HEALTH LAW. 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.
   §  4. Subdivision 1 of section 904 of the education law, as amended by
 section 12 of part B of chapter 58 of the laws of 2007,  is  amended  to
 read as follows:
   1.  Each  principal  of a public school, or his or her designee, shall
 report to the director of school  health  services  having  jurisdiction
 over  such  school,  the  names  of  all students who have not furnished
 health certificates as provided in section nine hundred  three  of  this
 article,  or  who  are children with disabilities, as defined by article
 eighty-nine of this chapter, and the director of school health  services
 shall  cause  such  students to be separately and carefully examined and
 tested to ascertain whether any student has defective sight or  hearing,
 or  any  other  physical disability which may tend to prevent him or her
 from receiving the full benefit of school  work,  or  from  requiring  a
 modification  of  such  work  to  prevent  injury to the student or from
 receiving the best educational results.   Each  examination  shall  also
 include  a calculation of the student's body mass index (BMI) and weight
 A. 4159                             4
 
 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 categories for children and
 adolescents shall be as defined by the commissioner of  health.  In  all
 school  districts,  such physician, physician assistant or nurse practi-
 tioner shall determine whether a one-time test for sickle cell anemia is
 necessary or desirable and he or she shall conduct such  tests  and  the
 certificate  shall  state the results. If it should be ascertained, upon
 such test or examination, that any of such students have defective sight
 or hearing, or other physical disability, including sickle cell  anemia,
 as  above  described,  the principal or his or her designee shall notify
 the parents of, or other persons in parental relation to, the  child  as
 to  the existence of such disability. If the parents or other persons in
 parental relation are unable  or  unwilling  to  provide  the  necessary
 relief  and  treatment for such students, such fact shall be reported by
 the principal or his or her designee to the director  of  school  health
 services,  whose  duty  it shall be to provide relief for such students.
 Each school and school district chosen as part of an appropriate  sampl-
 ing methodology shall participate in surveys directed by the commission-
 er  of health pursuant to the public health law in relation to students'
 BMI and weight  status  categories  as  determined  by  the  examination
 conducted  pursuant  to this section and which shall be subject to audit
 by the commissioner of health. Such surveys shall contain  the  informa-
 tion  required pursuant to this subdivision in relation to students' BMI
 and weight status categories in aggregate. Parents or other  persons  in
 parental  relation to a student may refuse to have the student's BMI and
 weight status category included in such survey. Each school  and  school
 district  shall provide the commissioner of health with any information,
 records and reports he or she may require for the purpose of such audit.
 The BMI and weight status survey and audit as described in this  section
 shall  be conducted consistent with confidentiality requirements imposed
 by federal law. Data collection for such surveys  shall  commence  on  a
 voluntary  basis  at  the  beginning  of the two thousand seven academic
 school year, and by all schools chosen as part of the sampling methodol-
 ogy at the beginning of the two thousand eight academic school year. The
 department shall also utilize the collected data to develop a report  of
 child  obesity and obesity related diseases. EACH EXAMINATION SHALL ALSO
 INCLUDE AN EVALUATION OF THE CHILD'S  FAMILY  HISTORY  WITH  RESPECT  TO
 CARDIAC  CONDITIONS  IN  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION
 SIXTY OF SECTION THREE HUNDRED FIVE  OF  THIS  CHAPTER  AND  SUBDIVISION
 THIRTY-TWO OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   §  5. The education law is amended by adding a new section 925 to read
 as follows:
   § 925. PREPARTICIPATION PHYSICAL EXAMINATIONS FOR PARTICIPATION IN  AN
 ATHLETIC PROGRAM. NO SCHOOL SHALL ALLOW ANY STUDENT TO PARTICIPATE IN AN
 ATHLETIC  PROGRAM,  AS DEFINED IN SUBDIVISION NINE OF SECTION THIRTY-TWO
 HUNDRED EIGHT-A OF THIS CHAPTER UNTIL SUCH STUDENT RECEIVES AN  EXAMINA-
 TION CONDUCTED BY A PHYSICIAN, PHYSICIAN ASSISTANT, OR NURSE PRACTITION-
 ER AND INCLUDES QUESTIONS THAT EVALUATE SUCH CHILD'S FAMILY HISTORY WITH
 RESPECT  TO  THE  CARDIAC  CONDITIONS CONTAINED IN THE "PREPARTICIPATION
 PHYSICAL EVALUATION" (PPE) FORM AS DESCRIBED  IN  SUBDIVISION  SIXTY  OF
 SECTION  THREE  HUNDRED  FIVE OF THIS CHAPTER. SUCH PHYSICAL EXAMINATION
 SHALL BE CONDUCTED BY A PHYSICIAN, PHYSICIAN ASSISTANT, OR NURSE PRACTI-
 TIONER WITHIN SIX WEEKS OF THE FIRST DAY OF  OFFICIAL  PRACTICE  IN  THE
 APPLICABLE  ATHLETIC SEASON. NO SCHOOL SHALL PERMIT A STUDENT TO PARTIC-
 A. 4159                             5
 
 IPATE IN ANY ATHLETIC PROGRAM UNLESS IT RECEIVES  FROM  SUCH  STUDENT  A
 COMPLETED  PPE  FORM  SIGNED  BY  THE PHYSICIAN, PHYSICIAN ASSISTANT, OR
 NURSE PRACTITIONER WHO CONDUCTED SUCH EXAMINATION.
   §  6.  The  education law is amended by adding a new section 6541-a to
 read as follows:
   § 6541-A. CHILDHOOD CARDIAC SCREENING REQUIREMENTS. 1. TO QUALIFY  FOR
 A  LICENSE  AS  A PHYSICIAN ASSISTANT, IF SUCH PERSON WILL BE PERFORMING
 ANNUAL PHYSICAL EXAMINATIONS OF CHILDREN NINETEEN YEARS OF AGE OR YOUNG-
 ER, INCLUDING EXAMINATIONS PRIOR  TO  A  STUDENT'S  PARTICIPATION  IN  A
 SCHOOL  AND/OR COMMUNITY-BASED ORGANIZATION SPONSORED INTERSCHOLASTIC OR
 INTRAMURAL ATHLETIC TEAM OR SQUAD, SUCH PERSON SHALL COMPLETE  A  CHILD-
 HOOD  CARDIAC  SCREENING  PROFESSIONAL DEVELOPMENT MODULE AS ESTABLISHED
 PURSUANT TO PARAGRAPH C OF SUBDIVISION SIXTY OF  SECTION  THREE  HUNDRED
 FIVE OF THIS CHAPTER.
   2.  EVERY PERSON WHO COMPLETES THE CHILDHOOD CARDIAC SCREENING PROFES-
 SIONAL DEVELOPMENT MODULE AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL RETAIN ON FILE AT THEIR PLACE OF EMPLOYMENT A  HARD  COPY  CERTIF-
 ICATE  OF  COMPLETION  OF  SUCH  MODULE.  SUCH CERTIFICATE SHALL BE MADE
 AVAILABLE UPON REQUEST.
   3. UPON EVERY REQUEST  FOR  RENEWAL,  THE  LICENSEE  SHALL  ATTEST  TO
 COMPLETING  THE  CHILDHOOD  CARDIAC  SCREENING  PROFESSIONAL DEVELOPMENT
 MODULE WITHIN THE PAST FOUR YEARS.
   4. ANY PERSON WHO IS REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION TO
 FULFILL THE REQUIREMENTS OF THIS  SECTION  WHO  IS  FOUND  TO  HAVE  NOT
 COMPLETED  SUCH  REQUIREMENTS, OR WHO IS FOUND TO HAVE FALSELY CERTIFIED
 THEIR COMPLETION OF THE REQUIREMENTS OF  THIS  SECTION  SHALL  BE  FOUND
 GUILTY  OF PROFESSIONAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED THIR-
 TY-ONE-A OF THIS TITLE AND SHALL RECEIVE A PENALTY  IN  ACCORDANCE  WITH
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE.
   §  7.  The  education law is amended by adding a new section 6524-a to
 read as follows:
   § 6524-A. CHILDHOOD CARDIAC SCREENING REQUIREMENTS. 1. TO QUALIFY  FOR
 A LICENSE AS A PHYSICIAN, IF SUCH PERSON WILL BE PERFORMING ANNUAL PHYS-
 ICAL  EXAMINATIONS OF CHILDREN NINETEEN YEARS OF AGE OR YOUNGER, INCLUD-
 ING EXAMINATIONS PRIOR TO A STUDENT'S PARTICIPATION IN A  SCHOOL  AND/OR
 COMMUNITY-BASED  ORGANIZATION  SPONSORED  INTERSCHOLASTIC  OR INTRAMURAL
 ATHLETIC TEAM OR SQUAD, SUCH PERSON SHALL COMPLETE A  CHILDHOOD  CARDIAC
 SCREENING  PROFESSIONAL  DEVELOPMENT  MODULE  AS ESTABLISHED PURSUANT TO
 PARAGRAPH C OF SUBDIVISION SIXTY OF SECTION THREE HUNDRED FIVE  OF  THIS
 CHAPTER.
   2.  EVERY PERSON WHO COMPLETES THE CHILDHOOD CARDIAC SCREENING PROFES-
 SIONAL DEVELOPMENT MODULE AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL RETAIN ON FILE AT THEIR PLACE OF EMPLOYMENT A  HARD  COPY  CERTIF-
 ICATE  OF  COMPLETION  OF  SUCH  MODULE.  SUCH CERTIFICATE SHALL BE MADE
 AVAILABLE UPON REQUEST.
   3. UPON EVERY REQUEST  FOR  RENEWAL,  THE  LICENSEE  SHALL  ATTEST  TO
 COMPLETING  THE  CHILDHOOD  CARDIAC  SCREENING  PROFESSIONAL DEVELOPMENT
 MODULE WITHIN THE PAST FOUR YEARS.
   4. ANY PERSON WHO IS REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION TO
 FULFILL THE REQUIREMENTS OF THIS  SECTION  WHO  IS  FOUND  TO  HAVE  NOT
 COMPLETED  SUCH  REQUIREMENTS, OR WHO IS FOUND TO HAVE FALSELY CERTIFIED
 THEIR COMPLETION OF THE REQUIREMENTS OF  THIS  SECTION  SHALL  BE  FOUND
 GUILTY  OF PROFESSIONAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED THIR-
 TY-ONE-A OF THIS TITLE AND SHALL RECEIVE A PENALTY  IN  ACCORDANCE  WITH
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE.
 A. 4159                             6
 
   §  8.  The  education law is amended by adding a new section 6910-a to
 read as follows:
   §  6910-A. CHILDHOOD CARDIAC SCREENING REQUIREMENTS. 1. TO QUALIFY FOR
 A LICENSE AS A NURSE PRACTITIONER, IF SUCH  PERSON  WILL  BE  PERFORMING
 ANNUAL PHYSICAL EXAMINATIONS OF CHILDREN NINETEEN YEARS OF AGE OR YOUNG-
 ER,  INCLUDING  EXAMINATIONS  PRIOR  TO  A  STUDENT'S PARTICIPATION IN A
 SCHOOL AND/OR COMMUNITY-BASED ORGANIZATION SPONSORED INTERSCHOLASTIC  OR
 INTRAMURAL  ATHLETIC  TEAM OR SQUAD, SUCH PERSON SHALL COMPLETE A CHILD-
 HOOD CARDIAC SCREENING PROFESSIONAL DEVELOPMENT  MODULE  AS  ESTABLISHED
 PURSUANT  TO  PARAGRAPH  C OF SUBDIVISION SIXTY OF SECTION THREE HUNDRED
 FIVE OF THIS CHAPTER.
   2. EVERY PERSON WHO COMPLETES THE CHILDHOOD CARDIAC SCREENING  PROFES-
 SIONAL DEVELOPMENT MODULE AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL  RETAIN  ON  FILE AT THEIR PLACE OF EMPLOYMENT A HARD COPY CERTIF-
 ICATE OF COMPLETION OF SUCH  MODULE.  SUCH  CERTIFICATE  SHALL  BE  MADE
 AVAILABLE UPON REQUEST.
   3.  UPON  EVERY  REQUEST  FOR  RENEWAL,  THE  LICENSEE SHALL ATTEST TO
 COMPLETING THE  CHILDHOOD  CARDIAC  SCREENING  PROFESSIONAL  DEVELOPMENT
 MODULE WITHIN THE PAST FOUR YEARS.
   4. ANY PERSON WHO IS REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION TO
 FULFILL  THE  REQUIREMENTS  OF  THIS  SECTION  WHO  IS FOUND TO HAVE NOT
 COMPLETED SUCH REQUIREMENTS, OR WHO IS FOUND TO HAVE  FALSELY  CERTIFIED
 THEIR  COMPLETION  OF  THE  REQUIREMENTS  OF THIS SECTION SHALL BE FOUND
 GUILTY OF PROFESSIONAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED  THIR-
 TY-ONE-A  OF  THIS  TITLE AND SHALL RECEIVE A PENALTY IN ACCORDANCE WITH
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE.
   § 9. Section 206 of the public health law is amended by adding  a  new
 subdivision 32 to read as follows:
   32.  (A)  THE  COMMISSIONER,  IN  CONJUNCTION WITH THE COMMISSIONER OF
 EDUCATION, SHALL PROMULGATE RULES  AND  REGULATIONS  TO  EFFECTUATE  THE
 PROVISIONS  DESCRIBED IN SUBDIVISION SIXTY OF SECTION THREE HUNDRED FIVE
 OF THE EDUCATION LAW.
   (B) WHEN CREATING THE PAMPHLET DESCRIBED IN PARAGRAPH C OF SUBDIVISION
 SIXTY OF SECTION THREE HUNDRED FIVE OF THE EDUCATION  LAW,  THE  COMMIS-
 SIONER  SHALL  PROVIDE  THE COMMISSIONER OF EDUCATION WITH THE FOLLOWING
 INFORMATION WHICH SHALL BE INCLUDED WITHIN SUCH PAMPHLET:
   (I) AN EXPLANATION OF SUDDEN CARDIAC ARREST AND ITS INCIDENCE;
   (II) A DESCRIPTION OF EARLY WARNING SIGNS OF  SUDDEN  CARDIAC  ARREST;
 AND
   (III)  AN  OVERVIEW  OF  THE  OPTIONS  THAT ARE PRIVATELY AVAILABLE TO
 SCREEN FOR CARDIAC CONDITIONS THAT MAY LEAD TO  SUDDEN  CARDIAC  ARREST,
 INCLUDING A STATEMENT ABOUT THE LIMITATIONS OF SUCH OPTIONS.
   §  10. This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.