Bill Text: NY A06998 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires that scoliosis screenings be performed by a chiropractor for students in the third, sixth and ninth grades.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A06998 Detail]
Download: New_York-2013-A06998-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6998 2013-2014 Regular Sessions I N A S S E M B L Y April 29, 2013 ___________ Introduced by M. of A. GABRYSZAK -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to requiring that scoliosis screenings be performed by a chiropractor for students in the third, sixth and ninth grades THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 901 of the education law, as added 2 by chapter 477 of the laws of 2004, is amended to read as follows: 3 2. School health services for the purposes of this article shall mean 4 the several procedures, including, but not limited to, medical examina- 5 tions, dental inspection and/or screening, scoliosis screening, vision 6 screening and audiometer tests, designed to determine the health status 7 of the child; to inform parents or other persons in parental relation to 8 the child, pupils and teachers of the individual child's health condi- 9 tion subject to federal and state confidentiality laws; to guide 10 parents, children and teachers in procedures for preventing and correct- 11 ing defects and diseases; to instruct the school personnel in procedures 12 to take in case of accident or illness; to survey and make necessary 13 recommendations concerning the health and safety aspects of school 14 facilities and the provision of health information. SCOLIOSIS SCREENING 15 SHALL BE PERFORMED BY A CHIROPRACTOR DURING A CHILD'S THIRD, SIXTH AND 16 NINTH YEAR OF SCHOOL. 17 S 2. Subdivisions 1 and 2 of section 905 of the education law, as 18 amended by chapter 477 of the laws of 2004, are amended to read as 19 follows: 20 1. The director of school health services of each school district in 21 this state that is required to provide school health services, or the 22 health department or agency otherwise responsible to provide such 23 services, shall conduct screening examinations of vision[,] AND hear- 24 ing[, and scoliosis] of all students at such times and as defined in the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10311-01-3 A. 6998 2 1 regulations of the commissioner, and at any time deemed necessary. A 2 CHIROPRACTOR SHALL CONDUCT SCREENING EXAMINATIONS OF SCOLIOSIS OF ALL 3 STUDENTS ON SUCH STUDENTS' THIRD, SIXTH AND NINTH YEAR OF SCHOOL. 4 2. Notwithstanding any other provisions of any general, special or 5 local law, the [school authorities] CHIROPRACTOR charged with the duty 6 of making such screening examinations of students for the presence of 7 scoliosis pursuant to this section shall not suffer any liability to any 8 person as a result of making such screening examination, which liability 9 would not have existed by any provision of law, statutory or otherwise, 10 in the absence of this section. The positive results of any such screen- 11 ing examinations of students for the presence of scoliosis shall be in 12 writing and the parent of, or person in parental relation to, any child 13 in whom the presence of scoliosis is found shall be advised of such 14 results by the school authorities within ninety days after the finding 15 of the presence of scoliosis is made. 16 S 3. This act shall take effect immediately.