NY Educ L § 903 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 19 - Medical and Health Service 903 - Students to Furnish Health Certificates; and Dental Health Certificates.

§ 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  subdivision  three  of  section  six   thousand  nine  hundred  two  of  this  chapter,  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. The   examination may include a diabetes risk analysis. 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   assessment  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, or a registered dental hygienist  who   is  authorized by law to practice in this state, and consistent with any   applicable written practice agreement, or by a duly licensed dentist  or   registered  dental  hygienist  who  is  authorized  to  practice  in the   jurisdiction in which  the  assessment  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 assessment was made, which shall not be more than twelve months   prior to the commencement of the school year in which the assessment  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 dental practices, dentists and registered   dental hygienists to which children may be referred for dental  services   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 dental  practices,  dentists  and   registered  dental  hygienists  to  which  children  may be referred for   dental services 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.