§ 903. Students to furnish health certificates; and dental health\ncertificates.
1.A health certificate shall be furnished by each\nstudent in the public schools upon his or her entrance in such schools\nand upon his or her entry into the grades prescribed by the commissioner\nin regulations, provided that such regulations shall require such\ncertificates at least twice during the elementary grades and twice in\nthe secondary grades. An examination and health history of any child may\nbe required by the local school authorities at any time in their\ndiscretion to promote the educational interests of such child. Each\ncertificate shall be signed by a duly licensed physician, physician\nassistant, or nurse practitioner, who is authorized by law to practice\nin this state, and consistent
Free access — add to your briefcase to read the full text and ask questions with AI
§ 903. Students to furnish health certificates; and dental health\ncertificates. 1. A health certificate shall be furnished by each\nstudent in the public schools upon his or her entrance in such schools\nand upon his or her entry into the grades prescribed by the commissioner\nin regulations, provided that such regulations shall require such\ncertificates at least twice during the elementary grades and twice in\nthe secondary grades. An examination and health history of any child may\nbe required by the local school authorities at any time in their\ndiscretion to promote the educational interests of such child. Each\ncertificate shall be signed by a duly licensed physician, physician\nassistant, or nurse practitioner, who is authorized by law to practice\nin this state, and consistent with subdivision three of section six\nthousand nine hundred two of this chapter, or by a duly licensed\nphysician, physician assistant, or nurse practitioner, who is authorized\nto practice in the jurisdiction in which the examination was given,\nprovided that the commissioner has determined that such jurisdiction has\nstandards of licensure and practice comparable to those of New York.\nEach such certificate shall describe the condition of the student when\nthe examination was made, which shall not be more than twelve months\nprior to the commencement of the school year in which the examination is\nrequired, and shall state whether such student is in a fit condition of\nhealth to permit his or her attendance at the public schools. The\nexamination may include a diabetes risk analysis. Each such certificate\nshall also state the student's body mass index (BMI) and weight status\ncategory. For purposes of this section, BMI is computed as the weight in\nkilograms divided by the square of height in meters or the weight in\npounds divided by the square of height in inches multiplied by a\nconversion factor of 703. Weight status categories for children and\nadolescents shall be as defined by the commissioner of health. In all\nschool districts such physician, physician assistant or nurse\npractitioner shall determine whether a one-time test for sickle cell\nanemia is necessary or desirable and he or she shall conduct such a test\nand the certificate shall state the results.\n 2. a. A dental health certificate shall be requested from each\nstudent. Each student is requested to furnish a dental health\ncertificate at the same time that health certificates are required. An\nassessment and dental health history of any child may be requested by\nthe local school authorities at any time in their discretion to promote\nthe educational interests of such child. Each certificate shall be\nsigned by a duly licensed dentist, or a registered dental hygienist who\nis authorized by law to practice in this state, and consistent with any\napplicable written practice agreement, or by a duly licensed dentist or\nregistered dental hygienist who is authorized to practice in the\njurisdiction in which the assessment was given, provided that the\ncommissioner has determined that such jurisdiction has standards of\nlicensure and practice comparable to those of New York. Each such\ncertificate shall describe the dental health condition of the student\nwhen the assessment was made, which shall not be more than twelve months\nprior to the commencement of the school year in which the assessment is\nrequested, and shall state whether such student is in fit condition of\ndental health to permit his or her attendance at the public schools.\n b. A notice of request for dental health certificates shall be\ndistributed at the same time that parents or person in parental\nrelationship to students are notified of health examination requirements\nand shall state that a list of dental practices, dentists and registered\ndental hygienists to which children may be referred for dental services\non a free or reduced cost basis is available upon request at the child's\nschool. The department shall, in collaboration with the department of\nhealth, compile and maintain a list of dental practices, dentists and\nregistered dental hygienists to which children may be referred for\ndental services on a free or reduced cost basis. Such list shall be made\navailable to all public schools and be made available to parents or\nperson in parental relationship upon request. The department shall\npromulgate regulations to ensure the gathering and dissemination of the\nproper information to interested parties.\n 3. a. Within thirty days after the student's entrance in such schools\nor grades, the health certificate shall be submitted to the principal or\nhis or her designee and shall be filed in the student's cumulative\nhealth record. If such student does not present a health certificate as\nrequired in this section, unless he or she has been accommodated on\nreligious grounds, the principal or the principal's designee shall cause\na notice to be sent to the parents or person in parental relationship to\nsuch student that if the required health certificate is not furnished\nwithin thirty days from the date of such notice, an examination will be\nmade of such student, as provided in this article. Each school and\nschool district chosen as part of an appropriate sampling methodology\nshall participate in surveys directed by the commissioner of health\npursuant to the public health law in relation to students' BMI and\nweight status categories as reported on the school health certificate\nand which shall be subject to audit by the commissioner of health. Such\nsurveys shall contain the information required pursuant to subdivision\none of this section in relation to students' BMI and weight status\ncategories in aggregate. Parents or other persons in parental relation\nto a student may refuse to have the student's BMI and weight status\ncategory included in such survey. Each school and school district shall\nprovide the commissioner of health with any information, records and\nreports he or she may require for the purpose of such audit. The BMI and\nweight status survey and audit as described in this subdivision shall be\nconducted consistent with confidentiality requirements imposed by\nfederal law.\n b. Within thirty days after the student's entrance in such schools or\ngrades, the dental health certificate, if obtained, shall be filed in\nthe student's cumulative health record.\n 4. Notwithstanding the provisions of subdivisions one, two and three\nof this section, no examinations for a health certificate or health\nhistory shall be required or dental certificate requested, and no\nscreening examinations for sickle cell anemia shall be required where a\nstudent or the parent or person in parental relation to such student\nobjects thereto on the grounds that such examinations or health history\nconflict with their genuine and sincere religious beliefs.\n