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This entry was published on 2019-08-23
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SECTION 903
Students to furnish health certificates; and dental health certificates
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 19
§ 903. Students to furnish health certificates; and dental health
certificates. 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 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 hundred two of this chapter, 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 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
examination 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
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
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.

2. a. A dental health certificate shall be requested from each
student. Each student is requested to furnish a dental health
certificate at the same time that health certificates are required. An
assessment and dental health history of any child may be requested 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 dentist, or a registered dental hygienist who
is authorized by law to practice in this state, and consistent with any
applicable written practice agreement, or by a duly licensed dentist or
registered dental hygienist who is authorized to practice in the
jurisdiction in which the assessment was given, provided that the
commissioner has determined that such jurisdiction has standards of
licensure and practice comparable to those of New York. Each such
certificate shall describe the dental health condition of the student
when the assessment was made, which shall not be more than twelve months
prior to the commencement of the school year in which the assessment is
requested, and shall state whether such student is in fit condition of
dental health to permit his or her attendance at the public schools.

b. A notice of request for dental health certificates shall be
distributed at the same time that parents or person in parental
relationship to students are notified of health examination requirements
and shall state that a list of dental practices, dentists and registered
dental hygienists to which children may be referred for dental services
on a free or reduced cost basis is available upon request at the child's
school. The department shall, in collaboration with the department of
health, compile and maintain a list of dental practices, dentists and
registered dental hygienists to which children may be referred for
dental services on a free or reduced cost basis. Such list shall be made
available to all public schools and be made available to parents or
person in parental relationship upon request. The department shall
promulgate regulations to ensure the gathering and dissemination of the
proper information to interested parties.

3. a. Within thirty days after the student's entrance in such schools
or grades, the health certificate shall be submitted to the principal or
his or her designee and shall be filed in the student's cumulative
health record. If such student does not present a health certificate as
required in this section, unless he or she has been accommodated on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such student that if the required health certificate is not furnished
within thirty days from the date of such notice, an examination will be
made of such student, as provided in this article. Each school and
school district chosen as part of an appropriate sampling methodology
shall participate in surveys directed by the commissioner of health
pursuant to the public health law in relation to students' BMI and
weight status categories as reported on the school health certificate
and which shall be subject to audit by the commissioner of health. Such
surveys shall contain the information required pursuant to subdivision
one of this section 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 subdivision shall be
conducted consistent with confidentiality requirements imposed by
federal law.

b. Within thirty days after the student's entrance in such schools or
grades, the dental health certificate, if obtained, shall be filed in
the student's cumulative health record.

4. Notwithstanding the provisions of subdivisions one, two and three
of this section, no examinations for a health certificate or health
history shall be required or dental certificate requested, and no
screening examinations for sickle cell anemia shall be required where a
student or the parent or person in parental relation to such student
objects thereto on the grounds that such examinations or health history
conflict with their genuine and sincere religious beliefs.