S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10665
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. O'Donnell)
   -- read once and referred to the Committee on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to enacting the "Healthy Cardiac Monitoring Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "Healthy Cardiac Monitoring Act".
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 60 to read as follows:
   60.  A.  THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF
 HEALTH, SHALL PROMULGATE AND REVIEW, AS NECESSARY, RULES AND REGULATIONS
 RELATING TO ANNUAL PHYSICAL EXAMINATIONS OF STUDENTS NINETEEN  YEARS  OF
 AGE OR YOUNGER. EACH SUCH EXAMINATION SHALL BE CONDUCTED BY A PHYSICIAN,
 PHYSICIAN  ASSISTANT,  OR NURSE PRACTITIONER AND SHALL INCLUDE QUESTIONS
 THAT EVALUATE SUCH CHILD'S FAMILY HISTORY WITH RESPECT  TO  THE  CARDIAC
 CONDITIONS CONTAINED IN THE "PREPARTICIPATION PHYSICAL EVALUATION" (PPE)
 FORM  DEVELOPED  JOINTLY  BY  THE AMERICAN ACADEMY OF FAMILY PHYSICIANS,
 AMERICAN ACADEMY OF PEDIATRICS, AMERICAN  COLLEGE  OF  SPORTS  MEDICINE,
 AMERICAN MEDICAL SOCIETY FOR SPORTS MEDICINE, AMERICAN ORTHOPAEDIC SOCI-
 ETY  FOR  SPORTS  MEDICINE,  AND  AMERICAN OSTEOPATHIC ACADEMY OF SPORTS
 MEDICINE AND THE AMERICAN HEART ASSOCIATION'S FOURTEEN  POINT  SCREENING
 FOR HEART DISEASE IN THE YOUNG.
   B.  THE  COMMISSIONER  AND  THE COMMISSIONER OF HEALTH SHALL DEVELOP A
 STATEWIDE CARDIAC EVALUATION FORM FOR USE IN ALL SUCH EXAMINATIONS WHICH
 SHALL, IN ADDITION TO THE QUESTIONS CONTAINED IN THE PPE  FORM,  INCLUDE
 THE  FOLLOWING  QUESTIONS  RELATING  TO  THE HEART HEALTH HISTORY OF THE
 CHILD:
   "(I) HAVE YOU EVER FAINTED, PASSED OUT, OR HAD AN UNEXPLAINED  SEIZURE
 SUDDENLY  AND WITHOUT WARNING, ESPECIALLY DURING EXERCISE OR IN RESPONSE
 TO SUDDEN LOUD NOISES, SUCH AS DOORBELLS, ALARM CLOCKS, OR RINGING TELE-
 PHONES?
   (II) HAVE YOU EVER HAD EXERCISE RELATED CHEST  PAIN  OR  SHORTNESS  OF
 BREATH?
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16090-01-2
 A. 10665                            2
 
   (III)  HAS  ANYONE  IN  YOUR  IMMEDIATE FAMILY (PARENTS, GRANDPARENTS,
 SIBLINGS) OR OTHER, MORE DISTANT RELATIVES (AUNTS, UNCLES, COUSINS) DIED
 OF HEART PROBLEMS OR HAD AN UNEXPECTED SUDDEN DEATH  BEFORE  AGE  FIFTY?
 THIS  WOULD  INCLUDE  UNEXPECTED  DROWNINGS, UNEXPLAINED AUTO CRASHES IN
 WHICH THE RELATIVE WAS DRIVING, OR SUDDEN INFANT DEATH SYNDROME (SIDS).
   (IV)  ARE  YOU  RELATED  TO ANYONE WITH HYPERTROPHIC CARDIOMYOPATHY OR
 HYPERTROPHIC OBSTRUCTIVE CARDIOMYOPATHY, MARFAN SYNDROME, ARRHYTHMOGENIC
 CARDIOMYOPATHY, LONG QT SYNDROME, SHORT QT SYNDROME,  BRUGADA  SYNDROME,
 OR  CATECHOLAMINERGIC POLYMORPHIC VENTRICULAR TACHYCARDIA, WOLFF-PARKIN-
 SON-WHITE SYNDROME OR ANYONE YOUNGER THAN FIFTY  YEARS  OF  AGE  WITH  A
 PACEMAKER OR IMPLANTABLE DEFIBRILLATOR?"
   C.  THE  COMMISSIONER  AND  THE COMMISSIONER OF HEALTH SHALL DEVELOP A
 COURSE OF INSTRUCTION IN CHILDHOOD CARDIAC SCREENING FOR ALL PHYSICIANS,
 PHYSICIAN ASSISTANTS, OR NURSE PRACTITIONERS WHO PERFORM ANNUAL PHYSICAL
 EXAMINATIONS PURSUANT TO THIS SUBDIVISION AND ARTICLE NINETEEN  OF  THIS
 CHAPTER.  SUCH  COURSE OF INSTRUCTION SHALL INCLUDE A PAMPHLET PUBLISHED
 BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH CONTAINING  THE  INFORMA-
 TION  DEVELOPED  PURSUANT  TO  SECTION NINE HUNDRED TWENTY-THREE OF THIS
 CHAPTER AND SUBDIVISION THIRTY-ONE OF SECTION TWO  HUNDRED  SIX  OF  THE
 PUBLIC  HEALTH  LAW.  SUCH COURSE OF INSTRUCTION SHALL BE REQUIRED TO BE
 COMPLETED EVERY FOUR YEARS BY ALL PHYSICIANS, PHYSICIAN  ASSISTANTS,  OR
 NURSE  PRACTITIONERS  SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION. THE
 COMMISSIONER SHALL ISSUE A CERTIFICATE  UPON  SUCCESSFUL  COMPLETION  OF
 SUCH  COURSE  OF  INSTRUCTION BY SUCH PHYSICIAN, PHYSICIAN ASSISTANT, OR
 NURSE PRACTITIONER, WHO SHALL MAINTAIN SUCH  CERTIFICATE  FOR  NOT  LESS
 THAN  FOUR  YEARS  FOLLOWING COMPLETION OF SUCH COURSE. EVERY PHYSICIAN,
 PHYSICIAN ASSISTANT, AND NURSE PRACTITIONER SUBJECT TO THIS  SUBDIVISION
 SHALL,  IN  ANY  APPLICATION  FOR RENEWAL OF SUCH PHYSICIAN'S, PHYSICIAN
 ASSISTANT'S, OR NURSE PRACTITIONER'S  PROFESSIONAL  LICENSE  OR  CERTIF-
 ICATION  ISSUED  PURSUANT TO THIS CHAPTER, ATTEST THAT SUCH PROFESSIONAL
 HAS COMPLETED SUCH COURSE OF INSTRUCTION AND READ THE PAMPHLET DESCRIBED
 IN THIS PARAGRAPH WITHIN THE FOUR-YEAR PERIOD  PRECEDING  SUCH  APPLICA-
 TION.
   D. THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL ALSO
 PROHIBIT  ANY  STUDENT  ENROLLED IN ANY PRIMARY OR SECONDARY SCHOOL FROM
 PARTICIPATING IN AN ATHLETIC PROGRAM, AS DEFINED IN SUBDIVISION NINE  OF
 SECTION  THIRTY-TWO HUNDRED EIGHT-A OF THIS CHAPTER, UNLESS SUCH STUDENT
 SHALL HAVE UNDERGONE THE PHYSICAL EXAMINATION REQUIRED BY THIS  SUBDIVI-
 SION,  INCLUDING  THE  ADDITIONAL  QUESTIONS  RELATING TO SUCH STUDENT'S
 CARDIAC HEALTH HISTORY WITHIN THE SIXTY DAYS PRECEDING THE  FIRST  PRAC-
 TICE OF THE APPLICABLE ATHLETIC SEASON.
   E.  THE PAMPHLET DESCRIBED IN PARAGRAPH C OF THIS SUBDIVISION SHALL BE
 DISTRIBUTED, AT NO CHARGE, TO ALL PUBLIC SCHOOL DISTRICTS IN  THE  STATE
 AND  SHALL  BE  MADE AVAILABLE TO ALL SCHOOL DISTRICTS IN THE STATE UPON
 REQUEST. BEGINNING IN THE FIRST SCHOOL YEAR  THAT  COMMENCES  AFTER  THE
 EFFECTIVE  DATE  OF THIS SUBDIVISION, ALL SCHOOL DISTRICTS IN RECEIPT OF
 SUCH PAMPHLET SHALL DISSEMINATE  IT  TO  ALL  PARENTS  OR  GUARDIANS  OF
 STUDENTS  PARTICIPATING  IN  ATHLETIC  PROGRAMS  UPON  THE COMPLETION OF
 ATHLETIC PROGRAM PERMISSION FORMS AND AS PART OF THE  STUDENT'S  PREPAR-
 TICIPATION  PHYSICAL EXAMINATION. SUCH STUDENT AND SUCH STUDENT'S PARENT
 OR GUARDIAN SHALL CERTIFY IN WRITING THAT  THEY  RECEIVED  AND  REVIEWED
 SUCH  PAMPHLET.  SUCH  PAMPHLET SHALL BE UPDATED BY THE COMMISSIONER AND
 THE COMMISSIONER OF HEALTH AS NECESSARY.
   § 3. Subdivision 1 of section 903 of the education law, as amended  by
 chapter 183 of the laws of 2017, is amended to read as follows:
 A. 10665                            3
 
   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]  ANNUALLY during the elementary grades and [twice in the] second-
 ary 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]
 SIXTY-NINE hundred two of this chapter, 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. The exam-
 ination 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 conver-
 sion  factor  of  703. Weight status categories for children and adoles-
 cents shall be as defined by  the  commissioner  of  health.  EACH  SUCH
 CERTIFICATE  SHALL  ALSO  INCLUDE  AN  EVALUATION  OF THE CHILD'S FAMILY
 HISTORY WITH RESPECT  TO  CARDIAC  CONDITIONS  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SUBDIVISION  SIXTY OF SECTION THREE HUNDRED FIVE OF THIS
 CHAPTER AND SUBDIVISION THIRTY-TWO OF SECTION TWO  HUNDRED  SIX  OF  THE
 PUBLIC  HEALTH  LAW.  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.
   § 4. 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,
 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 examination 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
 A. 10665                            4
 
 adolescents shall be as defined 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
 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, or other physical disability, including sickle cell anemia,
 as above described, the principal 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. 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  principal  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 sampl-
 ing methodology shall participate in surveys directed by the commission-
 er 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 informa-
 tion 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
 department  shall also utilize the collected data to develop a report of
 child obesity and obesity related diseases. EACH EXAMINATION SHALL  ALSO
 INCLUDE  AN  EVALUATION  OF  THE  CHILD'S FAMILY HISTORY WITH RESPECT TO
 CARDIAC CONDITIONS IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION
 SIXTY  OF  SECTION  THREE  HUNDRED  FIVE OF THIS CHAPTER AND SUBDIVISION
 THIRTY-TWO OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   § 5. The education law is amended by adding a new section 924 to  read
 as follows:
   §  924. PREPARTICIPATION PHYSICAL EXAMINATIONS FOR PARTICIPATION IN AN
 ATHLETIC PROGRAM. NO SCHOOL SHALL ALLOW ANY STUDENT TO PARTICIPATE IN AN
 ATHLETIC PROGRAM, AS DEFINED IN SUBDIVISION NINE OF  SECTION  THIRTY-TWO
 HUNDRED  EIGHT-A OF THIS CHAPTER UNTIL SUCH STUDENT RECEIVES AN EXAMINA-
 TION CONDUCTED BY A PHYSICIAN, PHYSICIAN ASSISTANT, OR NURSE PRACTITION-
 ER AND INCLUDES QUESTIONS THAT EVALUATE SUCH CHILD'S FAMILY HISTORY WITH
 RESPECT TO THE CARDIAC CONDITIONS  CONTAINED  IN  THE  "PREPARTICIPATION
 PHYSICAL  EVALUATION"  (PPE)  FORM  AS DESCRIBED IN SUBDIVISION SIXTY OF
 SECTION THREE HUNDRED FIVE OF THIS CHAPTER.  SUCH  PHYSICAL  EXAMINATION
 SHALL BE CONDUCTED BY A PHYSICIAN, PHYSICIAN ASSISTANT, OR NURSE PRACTI-
 TIONER  WITHIN  SIX  WEEKS  OF THE FIRST DAY OF OFFICIAL PRACTICE IN THE
 APPLICABLE ATHLETIC SEASON. NO SCHOOL SHALL PERMIT A STUDENT TO  PARTIC-
 IPATE  IN  ANY  ATHLETIC  PROGRAM UNLESS IT RECEIVES FROM SUCH STUDENT A
 COMPLETED PPE FORM SIGNED BY  THE  PHYSICIAN,  PHYSICIAN  ASSISTANT,  OR
 NURSE PRACTITIONER WHO CONDUCTED SUCH EXAMINATION.
 A. 10665                            5
 
   §  6.  The  education law is amended by adding a new section 6541-a to
 read as follows:
   §  6541-A. CHILDHOOD CARDIAC SCREENING REQUIREMENTS. 1. TO QUALIFY FOR
 A LICENSE AS A PHYSICIAN ASSISTANT, IF SUCH PERSON  WILL  BE  PERFORMING
 ANNUAL PHYSICAL EXAMINATIONS OF CHILDREN NINETEEN YEARS OF AGE OR YOUNG-
 ER,  INCLUDING  EXAMINATIONS  PRIOR  TO  A  STUDENT'S PARTICIPATION IN A
 SCHOOL AND/OR COMMUNITY-BASED ORGANIZATION SPONSORED INTERSCHOLASTIC  OR
 INTRAMURAL  ATHLETIC  TEAM OR SQUAD, SUCH PERSON SHALL COMPLETE A CHILD-
 HOOD CARDIAC SCREENING PROFESSIONAL DEVELOPMENT  MODULE  AS  ESTABLISHED
 PURSUANT  TO  PARAGRAPH  C OF SUBDIVISION SIXTY OF SECTION THREE HUNDRED
 FIVE OF THIS CHAPTER.
   2. EVERY PERSON WHO COMPLETES THE CHILDHOOD CARDIAC SCREENING  PROFES-
 SIONAL DEVELOPMENT MODULE AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL  RETAIN  ON  FILE AT THEIR PLACE OF EMPLOYMENT A HARD COPY CERTIF-
 ICATE OF COMPLETION OF SUCH  MODULE.  SUCH  CERTIFICATE  SHALL  BE  MADE
 AVAILABLE UPON REQUEST.
   3.  UPON  EVERY  REQUEST  FOR  RENEWAL,  THE  LICENSEE SHALL ATTEST TO
 COMPLETING THE  CHILDHOOD  CARDIAC  SCREENING  PROFESSIONAL  DEVELOPMENT
 MODULE WITHIN THE PAST FOUR YEARS.
   4. ANY PERSON WHO IS REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION TO
 FULFILL  THE  REQUIREMENTS  OF  THIS  SECTION  WHO  IS FOUND TO HAVE NOT
 COMPLETED SUCH REQUIREMENTS, OR WHO IS FOUND TO HAVE  FALSELY  CERTIFIED
 THEIR  COMPLETION  OF  THE  REQUIREMENTS  OF THIS SECTION SHALL BE FOUND
 GUILTY OF PROFESSIONAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED  THIR-
 TY-ONE-A  OF  THIS  TITLE AND SHALL RECEIVE A PENALTY IN ACCORDANCE WITH
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE.
   § 7. The education law is amended by adding a new  section  6524-a  to
 read as follows:
   §  6524-A. CHILDHOOD CARDIAC SCREENING REQUIREMENTS. 1. TO QUALIFY FOR
 A LICENSE AS A PHYSICIAN, IF SUCH PERSON WILL BE PERFORMING ANNUAL PHYS-
 ICAL EXAMINATIONS OF CHILDREN NINETEEN YEARS OF AGE OR YOUNGER,  INCLUD-
 ING  EXAMINATIONS  PRIOR TO A STUDENT'S PARTICIPATION IN A SCHOOL AND/OR
 COMMUNITY-BASED ORGANIZATION  SPONSORED  INTERSCHOLASTIC  OR  INTRAMURAL
 ATHLETIC  TEAM  OR SQUAD, SUCH PERSON SHALL COMPLETE A CHILDHOOD CARDIAC
 SCREENING PROFESSIONAL DEVELOPMENT MODULE  AS  ESTABLISHED  PURSUANT  TO
 PARAGRAPH  C  OF SUBDIVISION SIXTY OF SECTION THREE HUNDRED FIVE OF THIS
 CHAPTER.
   2. EVERY PERSON WHO COMPLETES THE CHILDHOOD CARDIAC SCREENING  PROFES-
 SIONAL DEVELOPMENT MODULE AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL  RETAIN  ON  FILE AT THEIR PLACE OF EMPLOYMENT A HARD COPY CERTIF-
 ICATE OF COMPLETION OF SUCH  MODULE.  SUCH  CERTIFICATE  SHALL  BE  MADE
 AVAILABLE UPON REQUEST.
   3.  UPON  EVERY  REQUEST  FOR  RENEWAL,  THE  LICENSEE SHALL ATTEST TO
 COMPLETING THE  CHILDHOOD  CARDIAC  SCREENING  PROFESSIONAL  DEVELOPMENT
 MODULE WITHIN THE PAST FOUR YEARS.
   4. ANY PERSON WHO IS REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION TO
 FULFILL  THE  REQUIREMENTS  OF  THIS  SECTION  WHO  IS FOUND TO HAVE NOT
 COMPLETED SUCH REQUIREMENTS, OR WHO IS FOUND TO HAVE  FALSELY  CERTIFIED
 THEIR  COMPLETION  OF  THE  REQUIREMENTS  OF THIS SECTION SHALL BE FOUND
 GUILTY OF PROFESSIONAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED  THIR-
 TY-ONE-A  OF  THIS  TITLE AND SHALL RECEIVE A PENALTY IN ACCORDANCE WITH
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE.
   § 8. The education law is amended by adding a new  section  6910-a  to
 read as follows:
   §  6910-A. CHILDHOOD CARDIAC SCREENING REQUIREMENTS. 1. TO QUALIFY FOR
 A LICENSE AS A NURSE PRACTITIONER, IF SUCH  PERSON  WILL  BE  PERFORMING
 A. 10665                            6
 
 ANNUAL PHYSICAL EXAMINATIONS OF CHILDREN NINETEEN YEARS OF AGE OR YOUNG-
 ER,  INCLUDING  EXAMINATIONS  PRIOR  TO  A  STUDENT'S PARTICIPATION IN A
 SCHOOL AND/OR COMMUNITY-BASED ORGANIZATION SPONSORED INTERSCHOLASTIC  OR
 INTRAMURAL  ATHLETIC  TEAM OR SQUAD, SUCH PERSON SHALL COMPLETE A CHILD-
 HOOD CARDIAC SCREENING PROFESSIONAL DEVELOPMENT  MODULE  AS  ESTABLISHED
 PURSUANT  TO  PARAGRAPH  C OF SUBDIVISION SIXTY OF SECTION THREE HUNDRED
 FIVE OF THIS CHAPTER.
   2. EVERY PERSON WHO COMPLETES THE CHILDHOOD CARDIAC SCREENING  PROFES-
 SIONAL DEVELOPMENT MODULE AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL  RETAIN  ON  FILE AT THEIR PLACE OF EMPLOYMENT A HARD COPY CERTIF-
 ICATE OF COMPLETION OF SUCH  MODULE.  SUCH  CERTIFICATE  SHALL  BE  MADE
 AVAILABLE UPON REQUEST.
   3.  UPON  EVERY  REQUEST  FOR  RENEWAL,  THE  LICENSEE SHALL ATTEST TO
 COMPLETING THE  CHILDHOOD  CARDIAC  SCREENING  PROFESSIONAL  DEVELOPMENT
 MODULE WITHIN THE PAST FOUR YEARS.
   4. ANY PERSON WHO IS REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION TO
 FULFILL  THE  REQUIREMENTS  OF  THIS  SECTION  WHO  IS FOUND TO HAVE NOT
 COMPLETED SUCH REQUIREMENTS, OR WHO IS FOUND TO HAVE  FALSELY  CERTIFIED
 THEIR  COMPLETION  OF  THE  REQUIREMENTS  OF THIS SECTION SHALL BE FOUND
 GUILTY OF PROFESSIONAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED  THIR-
 TY-ONE-A  OF  THIS  TITLE AND SHALL RECEIVE A PENALTY IN ACCORDANCE WITH
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE.
   § 9. Section 206 of the public health law is amended by adding  a  new
 subdivision 32 to read as follows:
   32.  (A)  THE  COMMISSIONER,  IN  CONJUNCTION WITH THE COMMISSIONER OF
 EDUCATION, SHALL PROMULGATE RULES  AND  REGULATIONS  TO  EFFECTUATE  THE
 PROVISIONS  DESCRIBED IN SUBDIVISION SIXTY OF SECTION THREE HUNDRED FIVE
 OF THE EDUCATION LAW.
   (B) WHEN CREATING THE PAMPHLET DESCRIBED IN PARAGRAPH C OF SUBDIVISION
 SIXTY OF SECTION THREE HUNDRED FIVE OF THE EDUCATION  LAW,  THE  COMMIS-
 SIONER  SHALL  PROVIDE  THE COMMISSIONER OF EDUCATION WITH THE FOLLOWING
 INFORMATION WHICH SHALL BE INCLUDED WITHIN SUCH PAMPHLET:
   (I) AN EXPLANATION OF SUDDEN CARDIAC ARREST AND ITS INCIDENCE;
   (II) A DESCRIPTION OF EARLY WARNING SIGNS OF  SUDDEN  CARDIAC  ARREST;
 AND
   (III)  AN  OVERVIEW  OF  THE  OPTIONS  THAT ARE PRIVATELY AVAILABLE TO
 SCREEN FOR CARDIAC CONDITIONS THAT MAY LEAD TO  SUDDEN  CARDIAC  ARREST,
 INCLUDING A STATEMENT ABOUT THE LIMITATIONS OF SUCH OPTIONS.
   §  10. This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.