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.
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