S T A T E O F N E W Y O R K
________________________________________________________________________
2530
2013-2014 Regular Sessions
I N S E N A T E
January 18, 2013
___________
Introduced by Sens. HANNON, DeFRANCISCO, GRISANTI -- read twice and
ordered printed, and when printed to be committed to the Committee on
Health
AN ACT to amend the public health law, in relation to establishing the
eating disorders awareness and prevention program; and to amend the
education law, in relation to screening students for eating disorders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
27-FF to read as follows:
ARTICLE 27-FF
EATING DISORDERS AWARENESS AND PREVENTION PROGRAM
SECTION 2790. EATING DISORDERS AWARENESS AND PREVENTION PROGRAM; ESTAB-
LISHMENT.
2791. PROGRAM DEVELOPMENT.
S 2790. EATING DISORDERS AWARENESS AND PREVENTION PROGRAM; ESTABLISH-
MENT. THE EATING DISORDERS AWARENESS AND PREVENTION PROGRAM IS ESTAB-
LISHED WITHIN THE DEPARTMENT.
S 2791. PROGRAM DEVELOPMENT. 1. THE EATING DISORDERS AWARENESS AND
PREVENTION PROGRAM SHALL BE DESIGNED TO PROMOTE THE AWARENESS OF EATING
DISORDERS AND AVAILABLE SERVICES, AS WELL AS TO PREVENT AND REDUCE THE
INCIDENCE AND PREVALENCE OF EATING DISORDERS, ESPECIALLY AMONG CHILDREN
AND ADOLESCENTS. RECOGNIZING THAT EARLY IDENTIFICATION AND INTERVENTION
OF EATING DISORDERS IS ESSENTIAL, THIS PROGRAM SHALL PROVIDE A MULTI-FA-
CETED APPROACH TO ACHIEVE ITS INTENDED GOALS.
2. THE EATING DISORDERS AWARENESS AND PREVENTION PROGRAM SHALL, IN
CONSULTATION AND COOPERATION WITH THE DEPARTMENT OF EDUCATION, THE NEW
YORK STATE COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS AND THE
NATIONAL EATING DISORDERS ASSOCIATION, BE ESTABLISHED IN ORDER TO, BUT
NOT BE LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05353-01-3
S. 2530 2
(A) DEVELOP MEDIA HEALTH PROMOTION CAMPAIGNS TARGETED TO CHILDREN,
ADOLESCENTS AND THEIR PARENTS OR CAREGIVERS THAT RAISE AWARENESS ABOUT
EATING DISORDERS AND PROVIDE INFORMATION AND RESOURCES ON WHERE TO SEEK
HELP;
(B) ESTABLISH SCHOOL-BASED EATING DISORDERS AWARENESS AND PREVENTION
PROGRAMS WITH LINKAGES TO HEALTH EDUCATION COURSES;
(C) SPONSOR PERIODIC CONFERENCES OR MEETINGS TO BRING TOGETHER EXPERTS
IN PUBLIC HEALTH, MENTAL HEALTH, EDUCATION, PARENTING, MEDIA, FOOD
MARKETING, AND OTHER DISCIPLINES TO EXAMINE SOLUTIONS TO THE PROBLEM OF
EATING DISORDERS AND MAKE RECOMMENDATIONS FOR FURTHER STATE POLICIES AND
PROGRAMS; AND
(D) DEVELOP, PROMOTE AND MAKE AVAILABLE TRAINING PROGRAMS FOR MEDICAL
AND OTHER HEALTH PROFESSIONALS TO BETTER UNDERSTAND, IDENTIFY AND
PROVIDE APPROPRIATE TREATMENT AND/OR REFERRALS OF PATIENTS AND THEIR
FAMILIES.
3. THE DEPARTMENT SHALL PERIODICALLY COLLECT AND ANALYZE INFORMATION
FROM SCHOOLS, HEALTH AND NUTRITION PROGRAMS, THE COMPREHENSIVE CARE
CENTERS FOR EATING DISORDERS AND OTHER SOURCES TO DETERMINE THE PREVA-
LENCE OF EATING DISORDERS IN THIS STATE, AND TO EVALUATE, TO THE EXTENT
POSSIBLE, THE EFFECTIVENESS OF THE EATING DISORDERS AWARENESS AND
PREVENTION PROGRAM AND OTHER STATE PROGRAMS DESIGNED TO ADDRESS EATING
DISORDERS.
S 2. Subdivision 1 of section 903 of the education law, as separately
amended by section 11 of part B of chapter 58 and chapter 281 of the
laws of 2007, 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 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 educa-
tional 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 any
applicable written practice agreement, 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. 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 multi-
plied by a conversion factor of 703. Weight status categories for chil-
dren and adolescents shall be as defined by the commissioner of health.
FURTHERMORE, EACH SUCH CERTIFICATE SHALL INCLUDE AN ASSESSMENT OF THE
STUDENT FOR EATING DISORDERS. SUCH ASSESSMENT SHALL BE CONDUCTED PURSU-
ANT TO STANDARDS ESTABLISHED 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
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necessary or desirable and he or she shall conduct such a test and the
certificate shall state the results.
S 3. 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,
AN EATING DISORDER, 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 examina-
tion shall also include a calculation of 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
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, AN EATING DISORDER, or other physical
disability, including sickle cell anemia, as above described, the prin-
cipal 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 OR DISORDER. 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 princi-
pal 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 sampling methodol-
ogy 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 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 information
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
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department shall also utilize the collected data to develop a report of
child obesity and obesity related diseases.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law, except that sections two and three of this act shall
take effect on the first of July next succeeding the date on which it
shall have become a law; provided that, effective immediately, any rules
and regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or before
such date.