NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1320
SPONSOR: Ortiz TITLE OF BILL: An act to amend the education law, in relation to
requiring an examination for diabetes for admittance to public schools
PURPOSE OF BILL: To increase early diagnosis of diabetes, especially
type 2 diabetes, among children.
SUMMARY OF SPECIFIC PROVISIONS: Would add a requirement for a diabetes
risk analysis, and testing for those at high risk, to Section 903 of the
Education Law which requires public school students to have a health
exam before entering 1st, 3rd, 7th, and 10th grades.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Adds Subdivision
1 of Section 903 of the education law, as amended by section 11 of part
B of the Chapter 58 of the laws of 2007.
JUSTIFICATION: Diabetes rates in New York State increased by more than
50% from 1994 to 2001. Most of this increase is in the form of Type 2
diabetes which is related to obesity and lifestyle. This form of
diabetes used to be called adult-onset diabetes. In the past ten years
the medical community has noticed a marked increase in Type 2 diabetes
among children and adolescents as childhood obesity has become an
epidemic.
A recent Centers for Disease Control (CDC) study estimates that one in
three U.S. children born in 2000 will become diabetic in their lifetime
unless this trend is reversed. The odds are worse for African-American
and Hispanic children with nearly half of them likely to develop the
disease. The study found that 53 percent of healthy 2 to 3 year old
Hispanic girls and 45 percent of the boys are likely to develop
diabetes. About 49 percent and 40 percent of black girls and boys, and.
31 percent and 27 percent of white girls and boys are at risk. The life-
time risk is about triple the American Diabetes Association's current
estimate. Diabetes leads to a host of problems, including 'blindness,
kidney failure, amputation and heart disease. Experts believe these
rates could overwhelm the health care system in the next fifty years.
Many diabetics develop "pre-diabetic" symptoms before developing Type 2.
It is vital that these conditions are diagnosed early to prevent future
complications and allow for possible prevention through weight loss and
medical treatment. This is even more crucial for children. When students
receive health exams required for school they should be tested for
diabetes or symptoms that may lead to diabetes. Some children may
already be screened as part of their doctor visits but many students
from communities with the highest risk may not receive that level of
care. This bill will ensure that schools, parents and the public health
community better monitor the increasing problem of Type 2 diabetes in
children and help prevention efforts that may reduce future illness and
suffering and rein in out-of-control health care costs.
LEGISLATIVE HISTORY:
2004 - A.9176 2005-2006 - A.2167-A Referred to Education
2007/08 - A3826a - Amend and Recommit to education
2009/10 - A5701 - Referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Potential
increased costs for school district administered health exams.
EFFECTIVE DATE: This act shall take effect immediately, provided that
the amendments to subdivision 1 of section 903 of the education law made
by /section two of this act shall take effect on the same date and in
the same manner as chapter 281 of the laws of 2007 takes effect, when
upon such date the provisions of section one of this act shall expire
and be deemed repealed.
STATE OF NEW YORK
________________________________________________________________________
1320
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring an examina-
tion for diabetes for admittance to public schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 903 of the education law, as
2 separately amended by chapter 281 of the laws of 2007 and section 11 of
3 part B of chapter 58 of the laws of 2007, is amended to read as follows:
4 1. A health certificate shall be furnished by each student in the
5 public schools upon his or her entrance in such schools and upon his or
6 her entry into the grades prescribed by the commissioner in regulations,
7 provided that such regulations shall require such certificates at least
8 twice during the elementary grades and twice in the secondary grades. An
9 examination and health history of any child may be required by the local
10 school authorities at any time in their discretion to promote the educa-
11 tional interests of such child. Each certificate shall be signed by a
12 duly licensed physician, physician assistant, or nurse practitioner, who
13 is authorized by law to practice in this state, and consistent with any
14 applicable written practice agreement, or by a duly licensed physician,
15 physician assistant, or nurse practitioner, who is authorized to prac-
16 tice in the jurisdiction in which the examination was given, provided
17 that the commissioner has determined that such jurisdiction has stand-
18 ards of licensure and practice comparable to those of New York. Each
19 such certificate shall describe the condition of the student when the
20 examination was made, which shall not be more than twelve months prior
21 to the commencement of the school year in which the examination is
22 required, and shall state whether such student is in a fit condition of
23 health to permit his or her attendance at the public schools. The exam-
24 ination shall include a diabetes risk analysis and, if necessary, chil-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03626-01-1
A. 1320 2
1 dren with risk factors for type 1 diabetes, or risk factors associated
2 with type 2 diabetes such as obesity, a family history of type 2
3 diabetes, or any other factors consistent with increased risk shall be
4 tested for diabetes. Each such certificate shall also state the
5 student's body mass index (BMI) and weight status category. For
6 purposes of this section, BMI is computed as the weight in kilograms
7 divided by the square of height in meters or the weight in pounds
8 divided by the square of height in inches multiplied by a conversion
9 factor of 703. Weight status categories for children and adolescents
10 shall be as defined by the commissioner of health. In all school
11 districts such physician, physician assistant or nurse practitioner
12 shall determine whether a one-time test for sickle cell anemia is neces-
13 sary or desirable and he or she shall conduct such a test and the
14 certificate shall state the results.
15 § 2. This act shall take effect immediately.
