A08363 Summary:

BILL NO    A08363 

SAME AS    No same as

SPONSOR    Ortiz

COSPNSR    Jaffee, Spano, Castro, Espaillat, Gibson, Meng

MLTSPNSR   Pheffer, Sweeney, Titus, Towns

Amd S2599-d, Pub Health L

Requires public health information campaign about health risks associated with
overweight and underweight children.

A08363 Actions:

BILL NO    A08363 

05/15/2009 referred to health
01/06/2010 referred to health

A08363 Votes:

A08363 Memo:

BILL NUMBER:A8363

TITLE  OF BILL:  An act to amend the public health law, in relation to
directing  the  commissioner  of  health  to   disseminate   education
materials regarding overweight and underweight children

SUMMARY  OF  PROVISIONS:    Section 2599-d of the Public Health Law is
amended by section 88 of part B of chapter 58 of the laws of 2005.

PURPOSE AND JUSTIFICATION:  Currently, certain health certificates and
tests are required by the  Education  Law.  This  bill  provides  that
measurement of body mass index, and weight status category be added to
the  information  that  is  required  in  the health certificate. This
simple screening, which is extrapolated from  the  height  and  weight
measurements   of   students,  can  be  a  critical  tool  in  clearly
identifying those students who are overweight, or at risk of  becoming
overweight,  and  can give both the child and parents a valuable frame
of reference and a  target  to  strive  for.  The  bill  requires  the
Department  of Health to develop a uniform set of information that can
be used by schools and health professionals across the state to ensure
that both students, and parents or guardians of at-risk  children  are
properly  informed  of  the  health  risks their children face through
either obesity or underweight. Childhood obesity  is  a  terrible  and
growing  problem.  Similarly,  eating  disorders  which  can  lead  to
underweight also  pose  an  unacceptable  health  risk  that  must  be
addressed more aggressively. It is estimated that 28% of New York high
school  children  are overweight or at risk of becoming overweight. It
is further estimated that 33% of low-income children between 2  and  5
years  of  age  in  New  York  are  overweight  or at risk of becoming
overweight.   Unfortunately, childhood  obesity  frequently  leads  to
adult  obesity, as well as the increased probability of such illnesses
as diabetes, heart disease, cancer, osteoporosis and  other  diseases.
Identifying obesity, or the risk of becoming overweight, so that early
preventative  action  can  be taken, is important to the health of our
young people. In most cases, this calculation  will  be  made  by  the
student's  pediatrician or physician, as part of the regular exam that
is currently required at regular intervals, and the Health  Department
has  provided physicians across the state with a simple wheel chart to
make this calculation at the time weight and height  measurements  are
made.  For  students  who  have not provided a health certificate, the
health appraisal that is  offered  pursuant  to  section  904  of  the
Education  Law  will also include this important health measurement In
either case, such measurement will be part of the regular confidential
report that is provided by a health professional.

EXISTING LAW:  Title VIII of the Public Health Law created a childhood
obesity prevention program. Section  90.3  of  the  Education  Law  as
amended  by  Chapter  477  of the Laws of 2004 requires certain health
certificates, Section 9D4 of the Education Law as amended  by  Chapter
477  of  the  Laws of 2004 provides for health appraisals for students
who have not furnished a health  certificate.  Section  136.3  of  the
Education  Law  Regulations  sets forth required intervals for certain
tests and screenings.

PRIOR LEGISLATIVE HISTORY:

2005-06 - S.472-A -- EDUCATION


2007/08 - A7941 - ref to health

FISCAL IMPLICATIONS: None to the state.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:  The first of September next succeeding the date upon
which it shall have become law.