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A03244 Summary:

A03244 Actions:

A03244 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3244A
 
SPONSOR: Cusick

 
TITLE OF BILL:  An act to amend the education law, in relation to
requiring heart examinations for students
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
Requires heart examinations for public school students.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1. Subdivision 1 of section 903 of the education law is amended
to add that health certificates furnished by each student upon entrance
into public schools shall include a statement that the student has
undergone a heart test, such as an electrocardiogram.  Furthermore, it
shall state that the student is fit to participate in physical education
or physical athletic activities.
 
Section 2. Effective date.
 
 
JUSTIFICATION:
 
Under current law, a student must submit a health certificate upon
entrance to public school. This is required upon his or her entry into
the grades prescribed in regulations by the commissioner, which requires
such certificates at least twice during the elementary grades and twice
in the secondary grades. An examination and health history of any child
may also be required by the local school authorities at any time in
their discretion to promote the educational interests of such child.
Each 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 it shall state whether such student is in a fit condition
of health to permit his or her attendance at the public school.
 
The tragedy of Sudden Cardiac Death (SCD) occurs in individuals under 40
years of age more often than most would guess. According to a CNN study,
over 400,000 young adults are affected by SCD each year.  Requiring
students to be screened for heart abnormalities when they go to their
doctor for their school physical would show if there are any rhythm
disturbances of the heart as well as abnormalities in size, thickness
and functions of the left ventricle, aortic valve and aorta. Determining
the presence of any of these conditions could result in the saving of a
young life. Physical exertion associated with competitive sports and
other physical athletic activities exacerbates these conditions and can
result in an untimely death of a student.
 
This legislation would add to the required health certificate, proof
that the student has undergone a heart test, such as an electrocardio-
gram, which states whether that student is fit to participate in phys-
ical education and physical athletic activities.
 
Furthermore, screening the heart for any abnormalities would result in
early detection thereby giving that student advanced warning to seek
treatment.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2017: S.3150 - Referred to  Education / A.3244 - Referred to Education
2016: S.3334A - Referred to Education/ A.4826-A - Referred to Education
2015: S.3334 - Referred to Education / A.4826 - Referred to Education
2014: S.5748 - Referred to Education /A.132 - Referred to Education
2013: S.5748 - Referred to Education /A.132 - Referred to Education
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A03244 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3244--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Education  -- recommitted to the Committee on Education in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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:
 
     1    Section 1. Subdivision 1 of section  903  of  the  education  law,  as
     2  amended  by  chapter  376  of  the  laws  of 2015, is amended to read as
     3  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
    14  subdivision three of section six thousand nine hundred two of this chap-
    15  ter,  or  by  a  duly  licensed physician, physician assistant, or nurse
    16  practitioner, who is authorized to practice in the jurisdiction in which
    17  the examination was given, provided that the commissioner has determined
    18  that such jurisdiction has standards of licensure and practice  compara-
    19  ble  to  those  of  New York.   Each such certificate shall describe the
    20  condition of the student when the examination was made, which shall  not
    21  be  more than twelve months prior to the commencement of the school year
    22  in which the examination is  required,  and  shall  state  whether  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00311-03-8
        A. 3244--A                          2
 
     1  student  is in a fit condition of health to permit his or her attendance
     2  at the public schools.  Each  such  certificate  shall  also  state  the
     3  student's body mass index (BMI) and weight status category. For purposes
     4  of  this  section, BMI is computed as the weight in kilograms divided by
     5  the square of height in meters or the weight in pounds  divided  by  the
     6  square  of  height  in  inches multiplied by a conversion factor of 703.
     7  Weight status categories  for  children  and  adolescents  shall  be  as
     8  defined by the commissioner of health.  Each such certificate shall also
     9  state that the student has undergone a heart test such as an electrocar-
    10  diogram, and state whether the student is fit to participate in physical
    11  education  or  other  physical  or  athletic  activities.  In all school
    12  districts such physician,  physician  assistant  or  nurse  practitioner
    13  shall determine whether a one-time test for sickle cell anemia is neces-
    14  sary  or  desirable  and  he  or  she  shall conduct such a test and the
    15  certificate shall state the results.
    16    § 2. Subdivision 1 of section 903 of the education law, as amended  by
    17  chapter 183 of the laws of 2017, is amended to read as follows:
    18    1.  A  health  certificate  shall  be furnished by each student in the
    19  public schools upon his or her entrance in such schools and upon his  or
    20  her entry into the grades prescribed by the commissioner in regulations,
    21  provided  that such regulations shall require such certificates at least
    22  twice during the elementary grades and twice in the secondary grades. An
    23  examination and health history of any child may be required by the local
    24  school authorities at any time in their discretion to promote the educa-
    25  tional interests of such child. Each certificate shall be  signed  by  a
    26  duly licensed physician, physician assistant, or nurse practitioner, who
    27  is  authorized  by  law  to  practice in this state, and consistent with
    28  subdivision three of section six thousand nine hundred two of this chap-
    29  ter, or by a duly licensed  physician,  physician  assistant,  or  nurse
    30  practitioner, who is authorized to practice in the jurisdiction in which
    31  the examination was given, provided that the commissioner has determined
    32  that  such jurisdiction has standards of licensure and practice compara-
    33  ble to those of New York.  Each  such  certificate  shall  describe  the
    34  condition  of the student when the examination was made, which shall not
    35  be more than twelve months prior to the commencement of the school  year
    36  in  which  the  examination  is  required,  and shall state whether such
    37  student is in a fit condition of health to permit his or her  attendance
    38  at the public schools. The examination may include a diabetes risk anal-
    39  ysis.  Each  such  certificate  shall also state the student's body mass
    40  index (BMI) and weight status category. For purposes  of  this  section,
    41  BMI  is  computed  as  the  weight in kilograms divided by the square of
    42  height in meters or the weight in pounds divided by the square of height
    43  in inches multiplied by a conversion factor of 703. Weight status  cate-
    44  gories  for  children and adolescents shall be as defined by the commis-
    45  sioner of health. Each certificate shall also state that the student has
    46  undergone a heart test such as an electrocardiogram, and  state  whether
    47  the  student  is fit to participate in physical education or other phys-
    48  ical or athletic activities. In all  school  districts  such  physician,
    49  physician  assistant  or  nurse  practitioner  shall determine whether a
    50  one-time test for sickle cell anemia is necessary or desirable and he or
    51  she shall conduct such a  test  and  the  certificate  shall  state  the
    52  results.
    53    § 3. This act shall take effect immediately; provided that section two
    54  of this act shall take effect on the same date and in the same manner as
    55  chapter 183 of the laws of 2017, takes effect.