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New York Education - Article 19 - § 903 Students to Furnish Health Certificates; and Dental Health Certificates

Legal Research Home > New York Laws > New York Education (EDN) > New York Education - Article 19 - § 903 Students to Furnish Health Certificates; and Dental Health Certificates

Education 
 
    § 903. Students  to  furnish  health  certificates;  and dental health
  certificates. 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  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  any  applicable  written  practice
  agreement,  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 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  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 a test and the
  certificate shall state the results.
    2. a. A  dental  health  certificate  shall  be  requested  from  each
  student.    Each  student  is  requested  to  furnish  a  dental  health
  certificate at the same time that health certificates are  required.  An
  examination  and  dental health history of any child may be requested 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 dentist who is authorized by law  to  practice
  in  this  state,  and  consistent  with  any applicable written practice
  agreement, or by a duly licensed dentist 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  comparable  to  those  of  New York. Each such
  certificate shall describe the dental health 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 requested, and shall state whether such student is in fit
  condition of dental health to permit his or her attendance at the public
  schools.
    b.  A  notice  of  request  for  dental  health  certificates shall be
  distributed at  the  same  time  that  parents  or  person  in  parental
  relationship to students are notified of health examination requirements
  and  shall  state  that  a  list  of dentists to which children who need
  comprehensive dental examinations may be referred  for  treatment  on  a
  free  or  reduced  cost  basis  is available upon request at the child's
  school. The department shall, in collaboration with  the  department  of
  health,  compile  and  maintain a list of dentists to which children who

  need comprehensive dental examinations may be referred for treatment  on
  a  free  or reduced cost basis. Such list shall be made available to all
  public schools and be made available to parents or  person  in  parental
  relationship  upon  request. The department shall promulgate regulations
  to ensure the gathering and dissemination of the proper  information  to
  interested parties.
    3.  a. Within thirty days after the student's entrance in such schools
  or grades, the health certificate shall be submitted to the principal or
  his or her designee and shall  be  filed  in  the  student's  cumulative
  health  record. If such student does not present a health certificate as
  required in this section, unless he or  she  has  been  accommodated  on
  religious grounds, the principal or the principal's designee shall cause
  a notice to be sent to the parents or person in parental relationship to
  such  student  that  if the required health certificate is not furnished
  within thirty days from the date of such notice, an examination will  be
  made  of  such  student,  as  provided  in this article. Each school and
  school district chosen as part of an  appropriate  sampling  methodology
  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 reported on the school health certificate
  and which shall be subject to audit by the commissioner of health.  Such
  surveys  shall  contain the information required pursuant to subdivision
  one of this section 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 subdivision shall be
  conducted   consistent  with  confidentiality  requirements  imposed  by
  federal law.
    b. Within thirty days after the student's entrance in such schools  or
  grades,  the  dental  health certificate, if obtained, shall be filed in
  the student's cumulative health record.
    4. Notwithstanding the provisions of subdivisions one, two  and  three
  of  this  section,  no  examinations  for a health certificate or health
  history shall be  required  or  dental  certificate  requested,  and  no
  screening  examinations for sickle cell anemia shall be required where a
  student or the parent or person in parental  relation  to  such  student
  objects  thereto on the grounds that such examinations or health history
  conflict with their genuine and sincere religious beliefs.

Last modified: March 5, 2013