S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2005
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of A. CUSICK, ASHBY -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to requiring heart  exam-
   inations for students
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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:
   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
 subdivision three of section six thousand nine hundred two of this chap-
 ter,  or  by  a  duly  licensed physician, physician assistant, or nurse
 practitioner, who is authorized to practice in the jurisdiction in which
 the examination was given, provided that the commissioner has determined
 that such jurisdiction has standards of licensure and practice  compara-
 ble  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 examination may include a diabetes risk anal-
 ysis. Each such certificate shall also state  the  student's  body  mass

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01150-01-1

 A. 2005                             2
 
 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 cate-
 gories for children and adolescents shall be as defined by  the  commis-
 sioner of health. EACH CERTIFICATE SHALL ALSO STATE THAT THE STUDENT HAS
 UNDERGONE  A  HEART TEST SUCH AS AN ELECTROCARDIOGRAM, AND STATE WHETHER
 THE STUDENT IS FIT TO PARTICIPATE IN PHYSICAL EDUCATION OR  OTHER  PHYS-
 ICAL  OR  ATHLETIC  ACTIVITIES.  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.
   § 2. This act shall take effect immediately.