Bill Text: NY A09122 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires public school students to be screened for eating disorders.

Spectrum: Moderate Partisan Bill (Democrat 51-14)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A09122 Detail]

Download: New_York-2011-A09122-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9122
                                 I N  A S S E M B L Y
                                   January 25, 2012
                                      ___________
       Introduced  by  M. of A. P. RIVERA, J. MILLER, N. RIVERA, ORTIZ, TITONE,
         MAISEL, CRESPO, COLTON, CASTRO --  Multi-Sponsored  by  --  M.  of  A.
         ARROYO, BRENNAN, CALHOUN, CERETTO, DUPREY, McENENY, WEISENBERG -- read
         once and referred to the Committee on Education
       AN  ACT to amend the education law, in relation to screening of students
         for eating disorders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 903 of the education law, as sepa-
    2  rately  amended by section 11 of part B of chapter 58 and chapter 281 of
    3  the laws of 2007, is amended to read as follows:
    4    1. A health certificate shall be furnished  by  each  student  in  the
    5  public  schools upon his or her entrance in such schools and upon his or
    6  her entry into the grades prescribed by the commissioner in regulations,
    7  provided that such regulations shall require such certificates at  least
    8  twice during the elementary grades and twice in the secondary grades. An
    9  examination and health history of any child may be required by the local
   10  school authorities at any time in their discretion to promote the educa-
   11  tional  interests  of  such child. Each certificate shall be signed by a
   12  duly licensed physician, physician assistant, or nurse practitioner, who
   13  is authorized by law to practice in this state, and consistent with  any
   14  applicable  written practice agreement, or by a duly licensed physician,
   15  physician assistant, or nurse practitioner, who is authorized  to  prac-
   16  tice  in  the  jurisdiction in which the examination was given, provided
   17  that the commissioner has determined that such jurisdiction  has  stand-
   18  ards  of  licensure  and  practice comparable to those of New York. Each
   19  such certificate shall describe the condition of the  student  when  the
   20  examination  was  made, which shall not be more than twelve months prior
   21  to the commencement of the school  year  in  which  the  examination  is
   22  required,  and shall state whether such student is in a fit condition of
   23  health to permit his or her attendance at the public schools. Each  such
   24  certificate  shall  also  state  the student's body mass index (BMI) and
   25  weight status category.  For purposes of this section, BMI  is  computed
   26  as  the weight in kilograms divided by the square of height in meters or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13521-01-1
       A. 9122                             2
    1  the weight in pounds divided by the square of height  in  inches  multi-
    2  plied  by a conversion factor of 703. Weight status categories for chil-
    3  dren and adolescents shall be as defined by the commissioner of  health.
    4  FURTHERMORE,  EACH  SUCH  CERTIFICATE SHALL INCLUDE AN ASSESSMENT OF THE
    5  STUDENT FOR EATING DISORDERS. SUCH ASSESSMENT SHALL BE CONDUCTED  PURSU-
    6  ANT  TO  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER OF HEALTH. In all
    7  school districts such physician, physician assistant  or  nurse  practi-
    8  tioner shall determine whether a one-time test for sickle cell anemia is
    9  necessary  or  desirable and he or she shall conduct such a test and the
   10  certificate shall state the results.
   11    S 2. Subdivision 1 of section 904 of the education law, as amended  by
   12  section  12  of  part B of chapter 58 of the laws of 2007, is amended to
   13  read as follows:
   14    1. Each principal of a public school, or his or  her  designee,  shall
   15  report  to  the  director  of school health services having jurisdiction
   16  over such school, the names of  all  students  who  have  not  furnished
   17  health  certificates  as  provided in section nine hundred three of this
   18  article, or who are children with disabilities, as  defined  by  article
   19  eighty-nine  of this chapter, and the director of school health services
   20  shall cause such students to be separately and  carefully  examined  and
   21  tested  to ascertain whether any student has defective sight or hearing,
   22  AN EATING DISORDER, or any other physical disability which may  tend  to
   23  prevent  him  or  her from receiving the full benefit of school work, or
   24  from requiring a modification of such work  to  prevent  injury  to  the
   25  student  or  from receiving the best educational results.  Each examina-
   26  tion shall also include a calculation of the student's body  mass  index
   27  (BMI)  and  weight status category. For purposes of this section, BMI is
   28  computed as the weight in kilograms divided by the square of  height  in
   29  meters or the weight in pounds divided by the square of height in inches
   30  multiplied  by  a conversion factor of 703. Weight status categories for
   31  children and adolescents shall be as  defined  by  the  commissioner  of
   32  health.  In all school districts, such physician, physician assistant or
   33  nurse practitioner shall determine whether a one-time  test  for  sickle
   34  cell  anemia  is necessary or desirable and he or she shall conduct such
   35  tests and the certificate shall state  the  results.  If  it  should  be
   36  ascertained,  upon  such  test or examination, that any of such students
   37  have defective sight or hearing, AN EATING DISORDER, or  other  physical
   38  disability,  including sickle cell anemia, as above described, the prin-
   39  cipal or his or her designee shall  notify  the  parents  of,  or  other
   40  persons  in  parental relation to, the child as to the existence of such
   41  disability OR DISORDER.  If the parents or  other  persons  in  parental
   42  relation  are  unable  or  unwilling to provide the necessary relief and
   43  treatment for such students, such fact shall be reported by the  princi-
   44  pal  or  his  or her designee to the director of school health services,
   45  whose duty it shall be to provide relief for such students. Each  school
   46  and  school district chosen as part of an appropriate sampling methodol-
   47  ogy shall participate in surveys directed by the commissioner of  health
   48  pursuant  to  the  public  health  law  in relation to students' BMI and
   49  weight status categories as  determined  by  the  examination  conducted
   50  pursuant  to  this  section  and  which shall be subject to audit by the
   51  commissioner of health.  Such  surveys  shall  contain  the  information
   52  required  pursuant  to this subdivision in relation to students' BMI and
   53  weight status categories in  aggregate.  Parents  or  other  persons  in
   54  parental  relation to a student may refuse to have the student's BMI and
   55  weight status category included in such survey. Each school  and  school
   56  district  shall provide the commissioner of health with any information,
       A. 9122                             3
    1  records and reports he or she may require for the purpose of such audit.
    2  The BMI and weight status survey and audit as described in this  section
    3  shall  be conducted consistent with confidentiality requirements imposed
    4  by  federal  law.  Data  collection for such surveys shall commence on a
    5  voluntary basis at the beginning of  the  two  thousand  seven  academic
    6  school year, and by all schools chosen as part of the sampling methodol-
    7  ogy at the beginning of the two thousand eight academic school year. The
    8  department  shall also utilize the collected data to develop a report of
    9  child obesity and obesity related diseases.
   10    S 3. This act shall take effect on the first of July  next  succeeding
   11  the  date  on which it shall have become a law, provided that, effective
   12  immediately, any  rules  and  regulations  necessary  to  implement  the
   13  provisions of this act on its effective date are authorized and directed
   14  to be completed on or before such date.