2023 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.