Section 903. Students to furnish health certificates; and dental health certificates  


Latest version.
  • 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.