Bill Text: NY A03049 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires dental health certificates to be furnished by a student at the same time that health certificates are required.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to education [A03049 Detail]
Download: New_York-2021-A03049-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3049 2021-2022 Regular Sessions IN ASSEMBLY January 22, 2021 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to requiring dental health certificates to be furnished by a student at the same time that health certificates are required The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2, 3 and 4 of section 903 of the education 2 law, subdivision 2 as amended by section 1 of part S of chapter 57 of 3 the laws of 2013, subdivisions 3 and 4 as amended by chapter 281 of the 4 laws of 2007, and paragraph a of subdivision 3 as amended by section 28 5 of part A of chapter 58 of the laws of 2008, are amended to read as 6 follows: 7 2. a. A dental health certificate shall be [requested from] furnished 8 by each student[. Each student is requested to furnish a dental health9certificate] at the same time that health certificates are required. An 10 assessment and dental health history of any child may be requested by 11 the local school authorities at any time in their discretion to promote 12 the educational interests of such child. Each certificate shall be 13 signed by a duly licensed dentist, or a registered dental hygienist who 14 is authorized by law to practice in this state, and consistent with any 15 applicable written practice agreement, or by a duly licensed dentist or 16 registered dental hygienist who is authorized to practice in the juris- 17 diction in which the assessment was given, provided that the commission- 18 er has determined that such jurisdiction has standards of licensure and 19 practice comparable to those of New York. Each such certificate shall 20 describe the dental health condition of the student when the assessment 21 was made, which shall not be more than twelve months prior to the 22 commencement of the school year in which the assessment is requested, 23 and shall state whether such student is in fit condition of dental 24 health to permit his or her attendance at the public schools. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02949-01-1A. 3049 2 1 b. A notice of [request for] dental health [certificates] certificate 2 requirements shall be distributed at the same time that parents or 3 person in parental relationship to students are notified of health exam- 4 ination requirements and shall state that a list of dental practices, 5 dentists and registered dental hygienists to which children may be 6 referred for dental services on a free or reduced cost basis is avail- 7 able upon request at the child's school. The department shall, in 8 collaboration with the department of health, compile and maintain a list 9 of dental practices, dentists and registered dental hygienists to which 10 children may be referred for dental services on a free or reduced cost 11 basis. Such list shall be made available to all public schools and be 12 made available to parents or person in parental relationship upon 13 request. The department shall promulgate regulations to ensure the gath- 14 ering and dissemination of the proper information to interested parties. 15 3. [a.] Within thirty days after the student's entrance in such 16 schools or grades, the health certificate and dental health certificate 17 shall be submitted to the principal or his or her designee and shall be 18 filed in the student's cumulative health record. If such student does 19 not present a health certificate or dental health certificate as 20 required in this section, unless he or she has been accommodated on 21 religious grounds, the principal or the principal's designee shall cause 22 a notice to be sent to the parents or person in parental relationship to 23 such student that if the required health certificate is not furnished 24 within thirty days from the date of such notice, an examination will be 25 made of such student, as provided in this article. Each school and 26 school district chosen as part of an appropriate sampling methodology 27 shall participate in surveys directed by the commissioner of health 28 pursuant to the public health law in relation to students' BMI and 29 weight status categories as reported on the school health certificate 30 and which shall be subject to audit by the commissioner of health. Such 31 surveys shall contain the information required pursuant to subdivision 32 one of this section in relation to students' BMI and weight status cate- 33 gories in aggregate. Parents or other persons in parental relation to a 34 student may refuse to have the student's BMI and weight status category 35 included in such survey. Each school and school district shall provide 36 the commissioner of health with any information, records and reports he 37 or she may require for the purpose of such audit. The BMI and weight 38 status survey and audit as described in this subdivision shall be 39 conducted consistent with confidentiality requirements imposed by feder- 40 al law. 41 [b. Within thirty days after the student's entrance in such schools or42grades, the dental health certificate, if obtained, shall be filed in43the student's cumulative health record.] 44 4. Notwithstanding the provisions of subdivisions one, two and three 45 of this section[,]: 46 a. no examinations for a health certificate [or], health history or 47 dental health certificate shall be required [or dental certificate48requested], and no screening examinations for sickle cell anemia shall 49 be required where a student or the parent or person in parental relation 50 to such student objects thereto on the grounds that such examinations or 51 health history conflict with their genuine and sincere religious 52 beliefs; and 53 b. no dental certificate shall be required if a school district 54 received an exemption, pursuant to paragraph b of subdivision two of 55 section nine hundred four of this article, and the department has notA. 3049 3 1 identified a free or reduced cost dental provider in the student's coun- 2 ty, pursuant to subdivision two of this section. 3 § 2. Section 904 of the education law, as amended by chapter 477 of 4 the laws of 2007, subdivision 1 as amended by section 12 of part B of 5 chapter 58 of the laws of 2007, is amended to read as follows: 6 § 904. Examinations by health appraisal. 1. Each principal of a public 7 school, or his or her designee, shall report to the director of school 8 health services having jurisdiction over such school, the names of all 9 students who have not furnished health certificates or dental certif- 10 icates as provided in section nine hundred three of this article, or who 11 are children with disabilities, as defined by article eighty-nine of 12 this chapter[, and the]. 13 a. The director of school health services shall cause such students to 14 be separately and carefully examined and tested to ascertain whether any 15 student has defective sight or hearing, or any other physical disability 16 which may tend to prevent him or her from receiving the full benefit of 17 school work, or from requiring a modification of such work to prevent 18 injury to the student or from receiving the best educational results. 19 Each examination shall also include a calculation of the student's body 20 mass index (BMI) and weight status category. For purposes of this 21 section, BMI is computed as the weight in kilograms divided by the 22 square of height in meters or the weight in pounds divided by the square 23 of height in inches multiplied by a conversion factor of 703. Weight 24 status categories for children and adolescents shall be as defined by 25 the commissioner of health. In all school districts, such physician, 26 physician assistant or nurse practitioner shall determine whether a 27 one-time test for sickle cell anemia is necessary or desirable and he or 28 she shall conduct such tests and the certificate shall state the 29 results. If it should be ascertained, upon such test or examination, 30 that any of such students have defective sight or hearing, or other 31 physical disability, including sickle cell anemia, as above described, 32 the principal or his or her designee shall notify the parents of, or 33 other persons in parental relation to, the child as to the existence of 34 such disability. If the parents or other persons in parental relation 35 are unable or unwilling to provide the necessary relief and treatment 36 for such students, such fact shall be reported by the principal or his 37 or her designee to the director of school health services, whose duty it 38 shall be to provide relief for such students. Each school and school 39 district chosen as part of an appropriate sampling methodology shall 40 participate in surveys directed by the commissioner of health pursuant 41 to the public health law in relation to students' BMI and weight status 42 categories as determined by the examination conducted pursuant to this 43 section and which shall be subject to audit by the commissioner of 44 health. Such surveys shall contain the information required pursuant to 45 this subdivision in relation to students' BMI and weight status catego- 46 ries in aggregate. Parents or other persons in parental relation to a 47 student may refuse to have the student's BMI and weight status category 48 included in such survey. Each school and school district shall provide 49 the commissioner of health with any information, records and reports he 50 or she may require for the purpose of such audit. The BMI and weight 51 status survey and audit as described in this section shall be conducted 52 consistent with confidentiality requirements imposed by federal law. 53 Data collection for such surveys shall commence on a voluntary basis at 54 the beginning of the two thousand seven academic school year, and by all 55 schools chosen as part of the sampling methodology at the beginning of 56 the two thousand eight academic school year. The department shall alsoA. 3049 4 1 utilize the collected data to develop a report of child obesity and 2 obesity related diseases. 3 b. The director of school health services shall cause such students to 4 be separately and carefully examined and tested by a duly licensed 5 dentist or registered dental hygienist to ascertain whether they are in 6 fit condition of dental health to permit his or her attendance at 7 school. Each examination shall also note whether the student has ever 8 had a cavity, whether untreated cavities are present, whether dental 9 sealants are present, and any recommended treatment options. 10 2. Notwithstanding the provisions of subdivision one of this 11 section[,]: 12 a. no examinations shall be required pursuant to this section where a 13 student or the parent or person in parental relation to such student 14 objects thereto on the grounds that such examinations conflict with 15 their genuine and sincere religious beliefs; and 16 b. no examination shall be required pursuant to paragraph b of subdi- 17 vision one of this section if the district has received an exemption 18 from the commissioner or the district's local county board of cooper- 19 ative educational services. 20 § 3. Subdivision 4 of section 1950 of the education law is amended by 21 adding a new paragraph pp to read as follows: 22 pp. A board of cooperative educational services is authorized to 23 provide to a school district an exemption from the provisions of para- 24 graph b of subdivision one of section nine hundred four of this chapter. 25 Requirements for such exemption shall be promulgated by rules and regu- 26 lations by the commissioner in accordance with subdivision fifty-nine of 27 section three hundred five of this chapter. 28 § 4. Section 305 of the education law is amended by adding a new 29 subdivision 59 to read as follows: 30 59. The commissioner is authorized to provide to a school district an 31 exemption from the provisions of paragraph b of subdivision one of 32 section nine hundred four of this chapter. The commissioner shall 33 promulgate rules and regulations to establish criteria for such 34 exemption that shall include, but not be limited to, evidence that the 35 school district has made a good faith effort to hire or contract with a 36 duly licensed dentist or registered dental hygienist to provide the 37 required examination and was unable to do so. 38 § 5. This act shall take effect on the first of July, 2022.
