STATE OF NEW YORK
________________________________________________________________________
9394--A
IN ASSEMBLY
February 24, 2012
___________
Introduced by M. of A. N. RIVERA, CRESPO, LINARES, CASTRO, RODRIGUEZ,
ARROYO, J. RIVERA, MOYA, P. RIVERA -- read once and referred to the
Committee on Agriculture -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to combat-
ing the incidence of adult and child obesity, establishing a community
gardens task force and encouraging direct marketing of fresh fruits
and vegetables in areas with a high incidence of adult and child
obesity (Part A); to amend the education law, in relation to screening
for childhood obesity and promotion of the availability of certain
foods and beverages in schools (Part B); to amend the public health
law, in relation to regulating the use of artificial trans fats and
requiring food service facilities to post or provide nutritional
information on the food products served, and the inclusion of weight
control in the health care and wellness education and outreach program
(Part C); to amend the education law, in relation to restricting the
sale, lease, transfer or authorization of open-air schoolhouse play-
grounds for certain uses (Part D); to amend the education law, in
relation to instruction in good health and reducing the incidence of
obesity (Part E); to amend the public health law, in relation to
in-utero exposure to tobacco smoke prevention (Part F); to amend the
public health law, in relation to including certain respiratory
diseases and obesity within disease management demonstration programs
(Part G); to amend the public health law, in relation to the reduction
of emphysema, chronic bronchitis and other chronic respiratory
diseases in children (Part H); to amend the public health law, in
relation to the collection and reporting of obesity data (Part I); to
amend the public health law, in relation to directing the health
research science board to study respiratory diseases and obesity, and
childhood obesity prevention and screening (Part J); to amend the
public health law, in relation to breastfeeding of infants and the
adolescent pregnancy nutrition counseling program (Part K); to amend
the education law, in relation to the use of inhalers and nebulizers
(Part L); to amend the real property law, in relation to residential
rental property smoking policies (Part M); to amend the state finance
law, in relation to establishing the obesity and respiratory disease
research and education fund (Part N); to amend the insurance law, in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13426-15-2
A. 9394--A 2
relation to wellness programs (Part O); to amend the social services
law, in relation to health and nutritional education and services and
child day care facilities; and to amend the county law, in relation to
the Cornell cooperative extension system relating to adult and child-
hood obesity, asthma, and respiratory illness prevention (Part P)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "omnibus obesity and respiratory illness reduction act".
3 § 2. This act enacts into law major components of legislation which
4 combat the incidence of adult and child obesity and respiratory
5 diseases, and encourage the production and consumption of fresh fruits
6 and vegetables. Each component is wholly contained within a Part identi-
7 fied as Parts A through P. The effective date for each particular
8 provision contained within such Part is set forth in the last section of
9 such Part. Any provision in any section contained within a Part, includ-
10 ing the effective date of the Part, which makes a reference to a section
11 "of this act", when used in connection with that particular component,
12 shall be deemed to mean and refer to the corresponding section of the
13 Part in which it is found. Section four of this act sets forth the
14 general effective date of this act.
15 PART A
16 Section 1. Section 3 of the agriculture and markets law, as amended by
17 chapter 651 of the laws of 1946, is amended to read as follows:
18 § 3. Declaration of policy and purposes. The agricultural industry is
19 basic to the life of our state. It vitally concerns and affects the
20 welfare, health, economic well-being and productive and industrial capa-
21 bilities of all our people. It is the policy and duty of the state to
22 promote, foster, and encourage the agricultural industry, with proper
23 standards of living for those engaged therein; to design and establish
24 long-range programs for its stabilization and profitable operation; to
25 increase through education, research, regulation, and scientific means,
26 the quantity, quality, and efficiency of its production; to improve its
27 marketing system; to encourage adequate and skilled assistance for agri-
28 cultural enterprises; to maintain at fair prices uncontrolled by specu-
29 lation the instrumentalities and products of agriculture; to remove
30 unnecessary or unfair costs and obstacles in the [transporation] trans-
31 portation, storage, processing, distribution, marketing, and sale of
32 agricultural products; to prevent frauds in the traffic therein; to
33 promote an expanded demand for the state's agricultural products and the
34 intelligent uses thereof by consumers as pure and wholesome food; to
35 protect the public health and to eliminate the evils of under-nourish-
36 ment; to encourage the selection and consumption of food according to
37 sound dietary and nutritional principles; to improve our citizens' over-
38 all health and to combat the increasing incidence of adult and childhood
39 obesity; and to make our people conscious of the bond of mutual self-in-
40 terest between our urban and our rural populations.
41 Accordingly, all laws enacted concerning the agricultural industry and
42 its allied subjects, whether included in this chapter or not, are to be
43 deemed an exercise of the police power of the state and a discharge of
44 its obligations for the promotion of the general welfare through state-
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1 wide laws and regulations, local initiative and government, cooperative
2 action between groups and localities, home-rule measures, individual
3 enterprise, civic consciousness, and appropriate coordination with the
4 federal government and as between educational research institutions
5 within the state.
6 Such laws and all governmental measures adopted pursuant thereto
7 should receive a liberal interpretation and application in furtherance
8 of the aforesaid policy and purposes.
9 § 2. Subdivision 5-b of section 16 of the agriculture and markets law,
10 as added by chapter 2 of the laws of 2001, is amended to read as
11 follows:
12 5-b. (a) Establish, in cooperation with the commissioner of education,
13 a farm-to-school program to facilitate and promote the purchase of New
14 York farm products by schools, universities and other educational insti-
15 tutions under the jurisdiction of the education department. The depart-
16 ment shall solicit information from the education department regarding
17 school districts and other educational institutions interested in
18 purchasing New York farm products, including but not limited to, the
19 type and amount of such products schools wish to purchase and the name
20 of the appropriate contact person from the interested school district.
21 The department shall make this information readily available to inter-
22 ested New York farmers, farm organizations and businesses that market
23 New York farm products. The department shall provide information to the
24 education department and interested school districts and other educa-
25 tional institutions about the availability of New York farm products,
26 including but not limited to, the types and amount of products, and the
27 names and contact information of farmers, farm organizations and busi-
28 nesses marketing such products. The commissioner shall report to the
29 legislature on the need for changes in law to facilitate the purchases
30 of such products by schools and educational institutions.
31 The department shall also coordinate with the education department,
32 and school food service, education, health and nutrition, farm, and
33 other interested organizations in establishing a promotional event, to
34 be known as New York Harvest For New York Kids Week, in early October
35 each year, that will promote New York agriculture and foods to children
36 through school meal programs and the classroom, at farms and farmers'
37 markets and other locations in the community.
38 (b) Cooperate with the department of health in implementing the child-
39 hood obesity prevention program pursuant to title eight of article twen-
40 ty-five of the public health law and with the commissioner of education
41 to encourage the production and consumption of fresh locally produced
42 fruits and vegetables by elementary and secondary school aged children
43 pursuant to paragraph (a) of this subdivision to help combat the
44 increasing incidence of childhood obesity.
45 (c) Cooperate with federal, other state and municipal agencies to
46 encourage the expansion of community gardens pursuant to article two-C
47 of this chapter to help encourage the production and consumption of
48 fresh locally produced fruits and vegetables to help combat the increas-
49 ing incidence of adult and child obesity.
50 § 3. Article 2-C of the agriculture and markets law is amended by
51 adding a new section 31-f to read as follows:
52 § 31-f. Legislative findings. The legislature hereby finds and
53 declares that community gardens provide significant health, educational
54 and social benefits to the general public, especially for those who
55 reside in urban and suburban areas of this state. Furthermore, it is the
56 articulated public policy of this state to promote and foster growth in
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1 the number of community gardens and the acreage of such gardens. The
2 community garden movement continues to provide low cost food that is
3 fresh and nutritious for those who may be unable to readily afford fresh
4 fruits and vegetables for themselves or their families, promotes public
5 health and healthier individual lifestyles by encouraging better eating
6 habits and increased physical activity by growing their own food,
7 fosters the retention and expansion of open spaces, particularly in
8 urban environments, enhances urban and suburban environmental quality
9 and community beautification, provides inexpensive community building
10 activities, recreation and physical exercise for all age groups, estab-
11 lishes a safe place for community involvement and helps to reduce the
12 incidence of crime, engenders a closer relationship between urban resi-
13 dents, nature and their local environment, and fosters green job train-
14 ing and ecological education at all levels. Further, the promotion of
15 community gardens can help the community to conduct activities for
16 itself to combat childhood and adult obesity to advance the overall
17 health of community members. It is therefore the intent of the legis-
18 lature and the purpose of this article to foster growth in the number,
19 size and scope of community gardens in this state by encouraging state
20 agencies, municipalities and private parties in their efforts to promote
21 community gardens.
22 § 4. Subdivisions 2 and 3 of section 31-g of the agriculture and
23 markets law, as added by chapter 862 of the laws of 1986, are amended
24 and a new subdivision 4-a is added to read as follows:
25 2. "Garden" shall mean a piece or parcel of land appropriate for the
26 cultivation of herbs, fruits, flowers, nuts, honey, poultry for egg
27 production, maple syrup, ornamental or vegetable plants, nursery
28 products, or vegetables.
29 3. "Municipality" shall mean any county, town, village, city, school
30 district [or], board of cooperative educational services, other special
31 district, or any office or agency thereof.
32 4-a. "State agency" shall mean any department, bureau, commission,
33 board, public authority or other agency of the state, including any
34 public benefit corporation of which any member of whose board is
35 appointed by the governor.
36 § 5. Section 31-h of the agriculture and markets law, as added by
37 chapter 862 of the laws of 1986, is amended to read as follows:
38 § 31-h. Office of community gardens; powers; duties. 1. The commis-
39 sioner shall establish within the department an office of community
40 gardens which shall have the authority and responsibility for carrying
41 out the provisions of this article in cooperation with the [state]
42 department of environmental conservation, the [state] education depart-
43 ment, the department of health, the department of state, cooperative
44 extensions and other state agencies and municipalities.
45 2. The duties of the office shall include:
46 a. Upon request, the office shall assist in the identification of
47 vacant public land within a given geographical location and provide
48 information regarding agency jurisdiction and the relative suitability
49 of such lands for community gardening purposes;
50 b. Serve as a coordinator on behalf of interested community groups and
51 the appropriate state or local agencies to facilitate the use of vacant
52 public lands for community garden use for not less than one growing
53 season by receiving and forwarding with recommendation completed appli-
54 cations to the appropriate state or municipal agency. Provided, further,
55 that the office may develop a single recommended application form to be
A. 9394--A 5
1 used by community groups when applying to state agencies or munici-
2 palities for use of vacant public land for community garden purposes;
3 c. Support and encourage contact between community garden programs
4 already in existence and those programs in the initial stages of devel-
5 opment; [and]
6 d. Seek and provide such assistance, to the extent funds or grants may
7 become available, for the purposes identified in this article[.];
8 e. Assist, support and encourage contact and cooperation between, and
9 the cooperative sharing of resources between community garden groups,
10 school garden programs and local voluntary food assistance programs,
11 such as community food pantries, soup kitchens, other community and
12 not-for-profit organizations that provide or distribute food to the poor
13 and disadvantaged, hospitals, other health care facilities and educa-
14 tional facilities. Such support can include the provision of surplus
15 community garden food or other agricultural products to such local
16 voluntary food assistance programs;
17 f. Assist, support and encourage communication, and the sharing of
18 resources between community garden organizations and the New York
19 Harvest For New York Kids Week program established by the department
20 pursuant to subdivision five-b of section sixteen of this chapter, and
21 individual farm-to-school and school garden programs;
22 g. Support efforts by the departments of health and education to
23 combat adult and childhood obesity by encouraging the consumption of
24 community garden produced fruits and vegetables; and
25 h. Establish a community gardens task force pursuant to section thir-
26 ty-one-j of this article.
27 § 6. Section 31-i of the agriculture and markets law, as added by
28 chapter 862 of the laws of 1986, is amended to read as follows:
29 § 31-i. Use of state or municipally owned land for community gardens.
30 1. Any state agency[, department, board, public benefit corporation,
31 public authority] or [commission] municipality with title to vacant
32 public land may permit community organizations to use such lands for
33 community gardening purposes. Such use of vacant public land may be
34 conditioned on the community organization possessing liability insurance
35 and accepting liability for injury or damage resulting from use of the
36 vacant public land for community gardening purposes.
37 2. State agencies and municipalities which have received an applica-
38 tion for use of public lands for community garden purposes shall respond
39 to the applicant within thirty days and make a final determination with-
40 in one hundred eighty days.
41 § 7. The agriculture and markets law is amended by adding a new
42 section 31-j to read as follows:
43 § 31-j. Community gardens task force. 1. The office may convene a
44 community gardens task force to identify and develop ways to encourage
45 state agencies, municipalities and private parties to establish and
46 expand community gardens and the activities conducted by such gardens.
47 2. The task force shall be chaired by the commissioner, or by such
48 officer or employee of the department as shall be designated by the
49 commissioner. The membership of the task force may include represen-
50 tation from the education department, department of environmental
51 conservation, department of health, department of state, office of
52 parks, recreation and historic preservation, and office of general
53 services. Such task force shall include members that represent counties,
54 cities, towns, villages, school districts, other special use districts,
55 public authorities and cooperative extension services.
56 3. The task force shall have not more than twenty-five members.
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1 4. The office, may request the assistance of state agencies including,
2 but not limited to the education department, department of environmental
3 conservation, department of health, department of state, department of
4 corrections and community supervision, office of state parks, recreation
5 and historic preservation, and office of general services to carry out
6 the work of the task force.
7 5. The task force may only act when three-fifths of its membership are
8 present. All action of the task force shall require an affirmative vote
9 of its membership. The task force shall convene at the call of the
10 office.
11 6. The members of the task force shall receive no compensation for
12 their services, but shall be allowed their actual and necessary expenses
13 incurred in the performance of their duties pursuant to this section.
14 7. (a) The goals of the task force may include, but are not limited
15 to, the study, evaluation and development of recommendations: (i) to
16 encourage the establishment and expansion of community gardens by state
17 agencies, municipal governments, educational facilities and private
18 parties, such as hospitals, other health care facilities and other
19 health care providers, (ii) to encourage cooperation between the activ-
20 ities and operations of community gardens and provision of donated food
21 to local voluntary food assistance programs for the poor and disadvan-
22 taged, (iii) to encourage the production and consumption of fresh fruits
23 and vegetables to help combat the increasing prevalence of adult and
24 childhood obesity, and (iv) to increase the benefits that community
25 gardens may provide to the local community in which they are located.
26 (b) In achieving the goals of the task force, the task force may
27 consider recommendations that: (i) encourage the execution of conserva-
28 tion easements by state agencies, municipalities, educational facilities
29 or private parties to establish or protect community gardens, (ii)
30 encourage the creation of mechanisms to transfer development rights to
31 protect community gardens or encourage the donation or lease of lands
32 for community gardens, (iii) development of model zoning codes, local
33 land use laws or other municipal policies that could encourage the
34 establishment or retention of community gardens, (iv) encourage cooper-
35 ative initiatives between health care facilities, other health care
36 providers and community groups to encourage the production and consump-
37 tion of fresh fruits and vegetables to combat the high incidence of
38 adult and child obesity, and (v) any other activity to achieve the goals
39 deemed appropriate by the task force according to the provisions of this
40 article.
41 § 8. The opening paragraph of section 281 of the agriculture and
42 markets law, as added by chapter 834 of the laws of 1981, is amended to
43 read as follows:
44 The legislature hereby finds that inflation has caused higher prices
45 in all phases of farm and food production and farm and food products
46 distribution; and that the demand, by consumers within the state, for
47 increasing supplies of wholesome, fresh and nutritious farm and food
48 products provides a significant opportunity for the development of
49 alternative marketing structures for food grown within the state by
50 which such products may be supplied directly to the consuming public. In
51 addition, increasing the supply of wholesome, fresh, locally produced
52 fruits and vegetables can help to encourage the consumption of such
53 produce in a manner that helps to combat the increasing incidence of
54 adult and childhood obesity. Reducing the incidence of obesity can help
55 to improve the overall health of the general public, help to reduce the
A. 9394--A 7
1 cost of providing health care and reduce the state's costs of providing
2 such care.
3 § 9. Subdivision 5 of section 283 of the agriculture and markets law,
4 as added by chapter 834 of the laws of 1981, is amended and a new subdi-
5 vision 8-a is added to read as follows:
6 5. Provide assistance to consumer or non-profit organizations, public
7 or private agencies, hospitals and other health care facilities seeking
8 to purchase or facilitate the purchase of farm products directly from
9 producers.
10 8-a. Encourage the development of direct marketing programs, within
11 areas of the state designated by the department of health as having a
12 high incidence of childhood obesity and to increase the consumption of
13 fresh fruits and vegetables to help curb the incidence of childhood
14 obesity.
15 § 10. This act shall take effect immediately.
16 PART B
17 Section 1. Section 901 of the education law, as amended by chapter 477
18 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1
19 of chapter 58 of the laws of 2006, is amended to read as follows:
20 § 901. School health services to be provided. 1. School health
21 services, as defined in subdivision two of this section, shall be
22 provided by each school district for all students attending the public
23 schools in this state, except in the city school district of the city of
24 New York, as provided in this article. School health services shall
25 include the services of a registered professional nurse, if one is
26 employed, and shall also include such services as may be rendered as
27 provided in this article in examining students for the existence of
28 disease or disability, or may include services related to examining for
29 childhood obesity based upon the calculation of each student's body mass
30 index and weight status category pursuant to section nine hundred four
31 of this article, and in testing the eyes and ears of such students.
32 2. School health services for the purposes of this article shall mean
33 the several procedures, including, but not limited to, medical examina-
34 tions, dental inspection and/or screening, scoliosis screening, vision
35 screening [and], audiometer tests, and childhood obesity as measured by
36 body mass index and weight status category, designed to determine the
37 health status of the child; to inform parents or other persons in
38 parental relation to the child, pupils and teachers of the individual
39 child's health condition subject to federal and state confidentiality
40 laws; to guide parents, children and teachers in procedures for prevent-
41 ing and correcting defects [and], diseases and childhood obesity condi-
42 tions; to instruct the school personnel in procedures to take in case of
43 accident or illness; to survey and make necessary recommendations
44 concerning the health and safety aspects of school facilities and the
45 provision of health information.
46 § 2. Subdivisions 1, 3 and 4 of section 903 of the education law, as
47 amended by chapter 281 of the laws of 2007, subdivision 1 as separately
48 amended by section 11 of part B of chapter 58 of the laws of 2007 and
49 paragraph a of subdivision 3 as amended by section 28 of part A of chap-
50 ter 58 of the laws of 2008, are amended to read as follows:
51 1. A health certificate shall be furnished by each student in the
52 public schools upon his or her entrance in such schools and upon his or
53 her entry into the grades prescribed by the commissioner in regulations,
54 provided that such regulations shall require such certificates at least
A. 9394--A 8
1 twice during the elementary grades and twice in the secondary grades. An
2 examination and health history of any child may be required by the local
3 school authorities at any time in their discretion to promote the educa-
4 tional interests of such child. Each certificate shall be signed by a
5 duly licensed physician, physician assistant, or nurse practitioner, who
6 is authorized by law to practice in this state, and consistent with any
7 applicable written practice agreement, or by a duly licensed physician,
8 physician assistant, or nurse practitioner, who is authorized to prac-
9 tice in the jurisdiction in which the examination was given, provided
10 that the commissioner has determined that such jurisdiction has stand-
11 ards of licensure and practice comparable to those of New York. Each
12 such certificate shall describe the condition of the student when the
13 examination was made, which shall not be more than twelve months prior
14 to the commencement of the school year in which the examination is
15 required, and shall state whether such student is in a fit condition of
16 health to permit his or her attendance at the public schools. The exam-
17 ination may include a diabetes risk analysis and, if necessary, children
18 with risk factors for type 1 diabetes, or risk factors associated with
19 type 2 diabetes such as obesity, a family history of type 2 diabetes, or
20 any other factors consistent with increased risk shall be tested for
21 diabetes. Each such certificate shall also state the student's body mass
22 index (BMI) and weight status category. For purposes of this section,
23 BMI is computed as the weight in kilograms divided by the square of
24 height in meters or the weight in pounds divided by the square of height
25 in inches multiplied by a conversion factor of 703. Weight status cate-
26 gories for children and adolescents shall be as defined by the commis-
27 sioner of health. In all school districts such physician, physician
28 assistant or nurse practitioner shall determine whether a one-time test
29 for sickle cell anemia is necessary or desirable and he or she shall
30 conduct such a test and the certificate shall state the results.
31 3. a. Within thirty days after the student's entrance in such schools
32 or grades, the health certificate shall be submitted to the principal or
33 his or her designee and shall be filed in the student's cumulative
34 health record. If such student does not present a health certificate as
35 required in this section, unless he or she has been accommodated on
36 religious grounds, the principal or the principal's designee shall cause
37 a notice to be sent to the parents or person in parental relationship to
38 such student that if the required health certificate is not furnished
39 within thirty days from the date of such notice, an examination will be
40 made of such student, as provided in this article. Each school and
41 school district [chosen as part of an appropriate sampling methodology]
42 shall participate in surveys directed by the commissioner of health
43 pursuant to the public health law in relation to students' BMI and
44 weight status categories as reported on the school health certificate
45 and which shall be subject to audit by the commissioner of health. Such
46 surveys shall contain the information required pursuant to subdivision
47 one of this section in relation to students' BMI and weight status cate-
48 gories in aggregate. Parents or other persons in parental relation to a
49 student may refuse to have the student's BMI and weight status category
50 included in such survey. Each school and school district shall provide
51 the commissioner of health with any information, records and reports he
52 or she may require for the purpose of such audit. The BMI and weight
53 status survey and audit as described in this subdivision shall be
54 conducted consistent with confidentiality requirements imposed by feder-
55 al law.
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1 b. Within thirty days after the student's entrance in such schools or
2 grades, the dental health certificate, if obtained, shall be filed in
3 the student's cumulative health record.
4 4. Notwithstanding the provisions of subdivisions one, two and three
5 of this section, no examinations for a health certificate or health
6 history shall be required or dental certificate requested, and no
7 screening examinations for sickle cell anemia or childhood obesity shall
8 be required where a student or the parent or person in parental relation
9 to such student objects thereto on the grounds that such examinations or
10 health history conflict with their genuine and sincere religious
11 beliefs.
12 § 3. Subdivision 1 of section 904 of the education law, as amended by
13 section 12 of part B of chapter 58 of the laws of 2007, is amended to
14 read as follows:
15 1. Each principal of a public school, or his or her designee, shall
16 report to the director of school health services having jurisdiction
17 over such school, the names of all students who have not furnished
18 health certificates as provided in section nine hundred three of this
19 article, or who are children with disabilities, as defined by article
20 eighty-nine of this chapter, and the director of school health services
21 shall cause such students to be separately and carefully examined and
22 tested to ascertain whether any student has defective sight or hearing,
23 or any other physical disability which may tend to prevent him or her
24 from receiving the full benefit of school work, or from requiring a
25 modification of such work to prevent injury to the student or from
26 receiving the best educational results. Each examination shall also
27 include a calculation of the student's body mass index (BMI) and weight
28 status category. For purposes of this section, BMI is computed as the
29 weight in kilograms divided by the square of height in meters or the
30 weight in pounds divided by the square of height in inches multiplied by
31 a conversion factor of 703. Weight status categories for children and
32 adolescents shall be as defined by the commissioner of health. In all
33 school districts, such physician, physician assistant or nurse practi-
34 tioner shall determine whether a one-time test for sickle cell anemia is
35 necessary or desirable and he or she shall conduct such tests and the
36 certificate shall state the results. If it should be ascertained, upon
37 such test or examination, that any of such students have defective sight
38 or hearing[,] or other physical disability, including sickle cell
39 anemia, as above described, or are obese, the principal or his or her
40 designee shall notify the parents of, or other persons in parental
41 relation to, the child as to the existence of such disability. If the
42 parents or other persons in parental relation are unable or unwilling to
43 provide the necessary relief and treatment for such students, such fact
44 shall be reported by the principal or his or her designee to the direc-
45 tor of school health services, whose duty it shall be to provide relief
46 for such students. Each school and school district [chosen as part of an
47 appropriate sampling methodology] shall participate in surveys directed
48 by the commissioner of health pursuant to the public health law in
49 relation to students' BMI and weight status categories as determined by
50 the examination conducted pursuant to this section and which shall be
51 subject to audit by the commissioner of health. Such surveys shall
52 contain the information required pursuant to this subdivision in
53 relation to students' BMI and weight status categories in aggregate.
54 [Parents or other persons in parental relation to a student may refuse
55 to have the student's BMI and weight status category included in such
56 survey.] Each school and school district shall provide the commissioner
A. 9394--A 10
1 of health with any information, records and reports he or she may
2 require for the purpose of such audit. The BMI and weight status survey
3 and audit as described in this section shall be conducted consistent
4 with confidentiality requirements imposed by federal law. [Data
5 collection for such surveys shall commence on a voluntary basis at the
6 beginning of the two thousand seven academic school year, and by all
7 schools chosen as part of the sampling methodology at the beginning of
8 the two thousand eight academic school year.] The department shall also
9 utilize the collected data to develop a report of child obesity and
10 obesity related diseases.
11 § 4. Section 912 of the education law, as amended by chapter 477 of
12 the laws of 2004, is amended to read as follows:
13 § 912. Health and welfare services to all children. The voters and/or
14 trustees or board of education of every school district shall, upon
15 request of the authorities of a school other than public, provide resi-
16 dent children who attend such school with any or all of the health and
17 welfare services and facilities which are made available by such voters
18 and/or trustees or board of education to or for children attending the
19 public schools of the district. Such services may include, but are not
20 limited to all services performed by a physician, physician assistant,
21 dentist, dental hygienist, registered professional nurse, nurse practi-
22 tioner, school psychologist, school social worker or school speech ther-
23 apist, and may also include dental prophylaxis, vision and hearing
24 screening examinations, childhood obesity screening, the taking of
25 medical histories and the administration of health screening tests, the
26 maintenance of cumulative health records and the administration of emer-
27 gency care programs for ill or injured students. Any such services or
28 facilities shall be so provided notwithstanding any provision of any
29 charter or other provision of law inconsistent herewith. Where children
30 residing in one school district attend a school other than public
31 located in another school district, the school authorities of the
32 district of residence shall contract with the school authorities of the
33 district where such nonpublic school is located, for the provision of
34 such health and welfare services and facilities to such children by the
35 school district where such nonpublic school is located, for a consider-
36 ation to be agreed upon between the school authorities of such
37 districts, subject to the approval of the qualified voters of the
38 district of residence when required under the provisions of this chap-
39 ter. Every such contract shall be in writing and in the form prescribed
40 by the commissioner, and before such contract is executed the same shall
41 be submitted for approval to the superintendent of schools having juris-
42 diction over such district of residence and such contract shall not
43 become effective until approved by such superintendent.
44 § 5. Subdivisions 4 and 5 of section 918 of the education law, as
45 added by chapter 493 of the laws of 2004, are amended to read as
46 follows:
47 4. The committee is encouraged to study and make recommendations on
48 all facets of the current nutritional policies of the district includ-
49 ing, but not limited to, the goals of the district to promote health and
50 proper nutrition, reduce the incidence of childhood obesity, vending
51 machine sales, menu criteria, educational curriculum teaching healthy
52 nutrition, and educational information provided to parents or guardians
53 regarding healthy nutrition and the health risks associated with obesi-
54 ty, asthma, chronic bronchitis and other chronic respiratory diseases.
55 Provided, further, the committee may provide information to persons in
56 parental relation on opportunities offered to parents or guardians to
A. 9394--A 11
1 encourage healthier eating habits to students, and the education
2 provided to teachers and other staff as to the importance of healthy
3 nutrition and about the dangers of childhood obesity. In addition the
4 committee shall consider recommendations and practices of other
5 districts and nutrition studies.
6 5. The committee is encouraged to report periodically to the district
7 regarding practices that will educate teachers, parents or guardians and
8 children about healthy nutrition and raise awareness of the dangers of
9 childhood obesity, asthma, chronic bronchitis and other chronic respir-
10 atory diseases. The committee is encouraged also to provide any parent
11 teacher associations in the district with such findings and recommenda-
12 tions.
13 § 6. This act shall take effect two years after it shall have become a
14 law.
15 PART C
16 Section 1. Subdivision 1 of section 206 of the public health law is
17 amended by adding two new paragraphs (s) and (t) to read as follows:
18 (s) (i) By rule or regulation, may require food service establishments
19 including, but not limited to restaurants, dining rooms, delis, baker-
20 ies, elementary and secondary schools, hospitals, mobile food service
21 vehicles and carts, and child care facilities, that prepare, sell or
22 serve food for immediate consumption by the general public, to restrict
23 the use of artificial trans fat in the preparation of such food. For the
24 purposes of this paragraph, the term "artificial trans fat" means any
25 food that is labeled, and which lists as an ingredient or contains vege-
26 table shortening, margarine or any kind of partially hydrogenated vege-
27 table oil; provided, however, that any food with a nutritional fact
28 label or other documentation from a manufacturer list stating a trans
29 fat content of less than .5 grams per serving shall not be deemed to
30 contain artificial trans fat. Such rules and regulations shall not apply
31 to any food served directly to the general public in the manufacturer's
32 original sealed package. Furthermore, such rules and regulations shall
33 not apply to any food service establishment or mobile food commissary
34 that is subject to any local law, ordinance, code or rule that regulates
35 the use or disclosure of artificial trans fats by food service estab-
36 lishments.
37 (ii) The commissioner may require food service establishments serving
38 foods with artificial trans fat to post warning signs to inform the
39 public about the health risks associated with the over consumption of
40 foods prepared with artificial trans fats. Such warning signs shall be
41 conspicuously posted in areas where food may be ordered from the food
42 service establishment and shall be in substantially the following form:
43 "WARNING - This establishment uses artificial trans fat in the prepara-
44 tion of some or all of the foods that are sold or served here. When
45 overconsumed, artificial trans fats can lead to increases in the risk of
46 heart attack, stroke and development of type 2 diabetes."
47 (iii) The commissioner may establish a voluntary artificial trans fat
48 reduction program. Such program may consist of, but shall not be limited
49 to, the following components: (A) a public information dissemination
50 program to inform the public of the health risks associated with the
51 overconsumption of artificial trans fats, and (B) suggested food prepa-
52 ration methods that can be followed by food service establishments and
53 the general public to reduce or eliminate the use of artificial trans
54 fats.
A. 9394--A 12
1 (t) (i) For purposes of this paragraph, the following definitions
2 shall apply:
3 (A) "Food service facility" means a food service establishment, as
4 defined in the state sanitary code, that operates under common ownership
5 or control with at least twenty-five other food service establishments
6 with the same name in the state that offer for sale substantially the
7 same menu items, or operates as a franchised outlet of a parent company
8 with at least twenty-five other franchised outlets with the same name in
9 the state that offer for sale substantially the same menu items.
10 (B) "Nutritional information" includes all of the following, per stan-
11 dard menu item, as that item is usually prepared and offered for sale:
12 (I) Total number of calories.
13 (II) Total number of grams of carbohydrates.
14 (III) Total number of grams of saturated fat.
15 (IV) Total number of milligrams of sodium.
16 (C) "Point of sale" means the location where a customer places an
17 order.
18 (D) In calculating nutritional information, a food service facility
19 may use any reasonable means recognized by the federal food and drug
20 administration to determine nutritional information for a standard menu
21 item, as usually prepared and offered for sale including, but not limit-
22 ed to, nutrient databases and laboratory analyses.
23 (ii)(A) by rule or regulation, may require every food service facility
24 to disclose the nutritional information required by clause (B) of this
25 subparagraph.
26 (B) a food service facility, by rule or regulation, may be required to
27 disclose the nutritional information in a clear and conspicuous manner
28 at the point of sale prior to or during the placement of an order.
29 § 2. The opening paragraph of subdivision 1, and subdivisions 3, 4
30 and 6 of section 207 of the public health law, as amended by section 16
31 of part A of chapter 109 of the laws of 2010, are amended to read as
32 follows:
33 There is hereby created within the department the health care and
34 wellness education and outreach program. The department may conduct
35 education and outreach programs for consumers, patients, elementary and
36 secondary school educators, and health care providers relating to any
37 health care matters the commissioner deems appropriate and:
38 3. The department may produce, make available to others for reprod-
39 uction, or contract with others to develop such materials mentioned in
40 this section as the commissioner deems appropriate. These materials
41 shall be made available to the public and to elementary and secondary
42 school educators free of charge as appropriate or for a fee under
43 certain circumstances. The commissioner may require where appropriate
44 any health care provider to make these materials available to patients.
45 4. In exercising any of his or her powers under this section, the
46 commissioner may consult with appropriate health care professionals,
47 providers, consumers, educators and patients or organizations represent-
48 ing them.
49 6. The commissioner may appoint as appropriate advisory councils
50 relating to various matters that are or are proposed to be the subjects
51 of programs under this section. All such councils shall include repre-
52 sentation of health care professionals, providers, educators, consumers,
53 patients and other appropriate interests. The members of the councils
54 shall receive no compensation for their services, but shall be allowed
55 their actual and necessary expenses incurred in performance of their
56 duties.
A. 9394--A 13
1 § 3. Subdivision 1 of section 207 of the public health law is amended
2 by adding a new paragraph (i) to read as follows:
3 (i) About the short term and long term adverse health risks to adults
4 and children who become overweight, obese or underweight. The informa-
5 tion shall include, but need not be limited to providing citations to
6 the department's website, as well as any other websites providing infor-
7 mation on the subject.
8 § 4. This act shall take effect one year after it shall have become a
9 law, provided that, effective immediately, any rules and regulations
10 necessary to implement the provisions of this act on its effective date
11 are authorized and directed to be completed on or before such date.
12 PART D
13 Section 1. Subdivision 5 of section 2556 of the education law, such
14 section as renumbered by chapter 762 of the laws of 1950, is amended to
15 read as follows:
16 5. It shall be unlawful for a schoolhouse to be constructed in the
17 city of New York without an open-air playground attached to or used in
18 connection with the same. Existing playgrounds shall not be sold,
19 leased or transferred, or permanently authorized for other uses such as
20 school building construction, renovation, placement or storage of build-
21 ing materials for such work that would eliminate the use of such play-
22 ground space for outdoor recreational activities unless a plan is estab-
23 lished and implemented to provide suitable and adequate physical
24 activities or space to accommodate the physical and recreational needs
25 of the pupils of such building. The provisions of this subdivision
26 shall not apply to school construction or renovation activities that
27 occur on or require the use of such playgrounds for a duration of no
28 more than one year.
29 § 2. This act shall take effect July 1, 2012; provided however, that
30 the commissioner of education is authorized and directed to promulgate
31 any rules or regulations necessary for the timely implementation of this
32 act on or before such date.
33 PART E
34 Section 1. Subdivisions 1 and 5 of section 803 of the education law,
35 as amended by chapter 118 of the laws of 1957, are amended to read as
36 follows:
37 1. All pupils above the age of eight years in all elementary and
38 secondary schools, shall receive as part of the prescribed courses of
39 instruction therein such physical education under the direction of the
40 commissioner of education as the regents may determine. Such courses
41 shall be designed to aid in the well-rounded education of pupils and in
42 the development of character, citizenship, overall physical fitness,
43 good health [and], the worthy use of leisure and the reduction in the
44 incidence of childhood obesity. Pupils above such age attending the
45 public schools shall be required to attend upon such prescribed courses
46 of instruction.
47 5. (a) It shall be the duty of the regents to adopt rules determining
48 the subjects to be included in courses of physical education provided
49 for in this section, the period of instruction in each of such courses,
50 the qualifications of teachers, and the attendance upon such courses of
51 instruction.
A. 9394--A 14
1 (b) Notwithstanding any other provision of this section, the regents
2 may provide in its rules that the physical education instruction
3 requirement for all students enrolled in elementary and secondary school
4 grades shall, where feasible, include daily physical exercise or activ-
5 ity, including students with disabling conditions and those in alterna-
6 tive education programs. The regents may include in its rules that
7 students enrolled in such elementary and secondary schools shall partic-
8 ipate in physical education, exercise or activity for a minimum of one
9 hundred twenty minutes during each school week. The regents may provide
10 for a two-year phase-in schedule for daily physical education in elemen-
11 tary schools in its rules.
12 § 2. The section heading and subdivision 1 of section 804 of the
13 education law, the section heading as amended by chapter 401 of the laws
14 of 1998 and subdivision 1 as added by chapter 982 of the laws of 1977,
15 are amended and a new subdivision 3-b is added to read as follows:
16 Health education regarding alcohol, drugs, tobacco abuse, the
17 reduction in the incidence of obesity, and the prevention and detection
18 of certain cancers. 1. All schools shall include, as an integral part of
19 health, science and physical education, instruction so as to discourage
20 the misuse and abuse of alcohol, tobacco[,] and other drugs, to reduce
21 the incidence of obesity, and promote attitudes and behavior that
22 enhance health, well being, and human dignity.
23 3-b. Instruction regarding the long term health risks associated with
24 obesity and methods of preventing and reducing the incidence of obesity,
25 including good nutrition and regular exercise. Such instruction may be
26 an integral part of required health, science and physical education
27 courses.
28 § 3. Subdivision 1 of section 804-a of the education law, as added by
29 chapter 730 of the laws of 1986, is amended to read as follows:
30 1. Within the amounts appropriated, the commissioner is hereby
31 authorized to establish a demonstration program and to distribute state
32 funds to local school districts, boards of cooperative educational
33 services and in certain instances community school districts, for the
34 development, implementation, evaluation, validation, demonstration and
35 replication of exemplary comprehensive health education programs to
36 assist the public schools in developing curricula, training staff, and
37 addressing local health education needs of students, parents, and staff.
38 Such programs shall serve the purpose of developing and enhancing
39 pupils' health knowledge, skills, attitudes and behaviors, which is
40 fundamental to improving their health status and academic performance,
41 as well as reducing the incidence of adolescent pregnancy, alcohol
42 abuse, tobacco abuse, truancy, suicide, substance abuse, obesity, asth-
43 ma, other chronic respiratory diseases, and other problems of childhood
44 and adolescence.
45 § 4. Section 813 of the education law, as added by chapter 296 of the
46 laws of 1994, is amended to read as follows:
47 § 813. School lunch period; scheduling. Each school shall schedule a
48 reasonable time during each school day for each full day pupil attending
49 pre-kindergarten through grade twelve with ample time to consume lunch
50 and to engage in physical exercise or recreation.
51 § 5. This act shall take effect immediately.
52 PART F
53 Section 1. The public health law is amended by adding a new article
54 13-I to read as follows:
A. 9394--A 15
1 ARTICLE 13-I
2 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
3 Section 1399-xx. In-utero exposure prevention.
4 1399-yy. Programs.
5 § 1399-xx. In-utero exposure prevention. 1. Every healthcare provider,
6 healthcare insurer and pregnancy program shall distribute information on
7 the adverse effects of smoking during pregnancy for both firsthand and
8 secondhand smoke. Such adverse effects to the infant include lower birth
9 rates, higher incidence of asthma and obesity, and cognitive and devel-
10 opmental damage.
11 2. Every healthcare provider shall monitor expectant mothers' smoking
12 statuses and offer continuous tailored discussion of quitting smoking
13 with expectant mothers during their prenatal care.
14 § 1399-yy. Programs. The following programs shall be added to existing
15 tobacco control programs for pregnant women or to other pregnancy
16 related programs:
17 1. Carbon monoxide monitoring;
18 2. Depression, social support and domestic violence screening and
19 referrals;
20 3. Referrals for smoking cessation for household members;
21 4. Ongoing support by counseling and educational materials; and
22 5. Financial incentives such as shipping voucher or diaper coupons for
23 quitting for more than four weeks.
24 § 2. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law. Provided, that effective immediately the
26 commissioner of health is authorized and directed to promulgate any and
27 all rules and regulations, and take any other measures necessary to
28 implement the provisions of this act on its effective date.
29 PART G
30 Section 1. Subdivisions 2 and 4 of section 2111 of the public health
31 law, as added by section 21 of part C of chapter 58 of the laws of 2004,
32 are amended to read as follows:
33 2. The department shall establish the criteria by which individuals
34 will be identified as eligible for enrollment in the demonstration
35 programs. Persons eligible for enrollment in the disease management
36 demonstration program shall be limited to individuals who: receive
37 medical assistance pursuant to title eleven of article five of the
38 social services law and may be eligible for benefits pursuant to title
39 18 of the social security act (Medicare); are not enrolled in a Medicaid
40 managed care plan, including individuals who are not required or not
41 eligible to participate in Medicaid managed care programs pursuant to
42 section three hundred sixty-four-j of the social services law; are diag-
43 nosed with chronic health problems as may be specified by the entity
44 undertaking the demonstration program, including, but not limited to one
45 or more of the following: congestive heart failure, chronic obstructive
46 pulmonary disease, asthma, chronic bronchitis, other chronic respiratory
47 diseases, diabetes, adult and childhood obesity, or other chronic health
48 conditions as may be specified by the department; or have experienced or
49 are likely to experience one or more hospitalizations or are otherwise
50 expected to incur excessive costs and high utilization of health care
51 services.
52 4. The demonstration program shall offer evidence-based services and
53 interventions designed to ensure that the enrollees receive high quali-
54 ty, preventative and cost-effective care, aimed at reducing the necessi-
A. 9394--A 16
1 ty for hospitalization or emergency room care or at reducing lengths of
2 stay when hospitalization is necessary. The demonstration program may
3 include screening of eligible enrollees, developing an individualized
4 care management plan for each enrollee and implementing that plan.
5 Disease management demonstration programs that utilize information tech-
6 nology systems that allow for continuous application of evidence-based
7 guidelines to medical assistance claims data and other available data to
8 identify specific instances in which clinical interventions are justi-
9 fied and communicate indicated interventions to physicians, health care
10 providers and/or patients, and monitor physician and health care provid-
11 er response to such interventions, shall have the enrollees, or groups
12 of enrollees, approved by the department for participation. The services
13 provided by the demonstration program as part of the care management
14 plan may include, but are not limited to, case management, social work,
15 individualized health counselors, multi-behavioral goals plans, claims
16 data management, health and self-care education, drug therapy management
17 and oversight, personal emergency response systems and other monitoring
18 technologies, systematic chronic health conditions identified for moni-
19 toring, telehealth services and similar services designed to improve the
20 quality and cost-effectiveness of health care services.
21 § 2. This act shall take effect immediately.
22 PART H
23 Section 1. Section 2599-b of the public health law, as amended by
24 section 88 of part B of chapter 58 of the laws of 2005, is amended to
25 read as follows:
26 § 2599-b. Program development. 1. The program shall be designed to
27 prevent and reduce the incidence and prevalence of obesity in children
28 and adolescents, especially among populations with high rates of obesity
29 and obesity-related health complications including, but not limited to,
30 diabetes, heart disease, cancer, osteoarthritis, asthma, chronic bron-
31 chitis, other chronic respiratory diseases and other conditions. The
32 program shall use recommendations and goals of the United States depart-
33 ments of agriculture and health and human services, the surgeon general
34 and centers for disease control and prevention in developing and imple-
35 menting guidelines for nutrition education and physical activity
36 projects as part of obesity prevention efforts. The content and imple-
37 mentation of the program shall stress the benefits of choosing a
38 balanced, healthful diet from the many options available to consumers,
39 without specifically targeting the elimination of any particular food
40 group, food product or food-related industry.
41 2. The childhood obesity prevention program shall include, but not be
42 limited to:
43 (a) developing media health promotion campaigns, in coordination with
44 the public information provided pursuant to section twenty-five
45 hundred-k of this article, targeted to children and adolescents and
46 their parents and caregivers that emphasize increasing consumption of
47 low-calorie, high-nutrient foods, decreasing consumption of high-calo-
48 rie, low-nutrient foods and increasing physical activity designed to
49 prevent or reduce obesity;
50 (b) establishing school-based childhood obesity prevention nutrition
51 education and physical activity programs including programs described in
52 section twenty-five hundred ninety-nine-c of this article, as well as
53 other programs with linkages to physical and health education courses,
54 and which utilize the school health index of the National Center for
A. 9394--A 17
1 Chronic Disease Prevention and Health Promotion or other recognized
2 school health assessment pursuant to article nineteen of the education
3 law;
4 (c) establishing community-based childhood obesity prevention nutri-
5 tion education and physical activity programs including programs which
6 involve parents and caregivers, and which encourage communities, fami-
7 lies, child care and other settings to provide safe and adequate space
8 and time for physical activity and encourage a healthy diet, and can be
9 in coordination with county cooperative extension programs established
10 pursuant to section two hundred twenty-four-b of the county law;
11 (d) coordinating with the state education department, department of
12 agriculture and markets, office of parks, recreation and historic pres-
13 ervation, office of temporary and disability assistance, office of chil-
14 dren and family services and other federal, state and local agencies to
15 incorporate strategies to prevent and reduce childhood obesity into
16 government food assistance, health, education and recreation programs;
17 (e) sponsoring periodic conferences or meetings to bring together
18 experts in nutrition, exercise, public health, mental health, education,
19 parenting, media, food marketing, food security, agriculture, community
20 planning and other disciplines to examine societal-based solutions to
21 the problem of childhood obesity and issue guidelines and recommenda-
22 tions for New York state policy and programs;
23 (f) developing training programs for medical and other health profes-
24 sionals to teach practical skills in nutrition and exercise education to
25 children and their parents and caregivers; [and]
26 (g) developing screening programs, in accordance with section twenty-
27 five hundred-k of this article, in coordination with health care provid-
28 ers and institutions including but not limited to day care centers and
29 schools for overweight and obesity for children aged two through eigh-
30 teen years, using body mass index (BMI) appropriate for age and gender,
31 and notification, in a manner protecting the confidentiality of such
32 children and their families, of parents of BMI status, and explanation
33 of the consequences of such status, including recommended actions
34 parents may need to take and information about resources and referrals
35 available to families to enhance nutrition and physical activity to
36 reduce and prevent obesity[.]; and
37 (h) coordinating with the education department, office of temporary
38 and disability assistance, office of children and family services and
39 other federal, state and local agencies to incorporate strategies to
40 curtail the incidence of asthma, chronic bronchitis and other chronic
41 respiratory diseases to enable adults and children to safely increase
42 physical activity to help curb the incidence of obesity.
43 3. The department, in cooperation with the education department, shall
44 periodically collect and analyze information from schools, health and
45 nutrition programs and other sources to determine the prevalence of
46 childhood obesity in New York state, and to evaluate, to the extent
47 possible, the effectiveness of the childhood obesity prevention program.
48 § 2. The opening paragraph of section 2599-c of the public health law,
49 as amended by section 88 of part B of chapter 58 of the laws of 2005, is
50 amended to read as follows:
51 The commissioner, in cooperation with the commissioners of education
52 and agriculture and markets, and county boards of cooperative extension,
53 shall encourage the establishment of school-based childhood obesity
54 prevention and physical activity programs that promote:
55 § 3. This act shall take effect immediately.
A. 9394--A 18
1 PART I
2 Section 1. Section 263 of the public health law, as added by chapter
3 538 of the laws of 2002, is amended to read as follows:
4 § 263. Department authorized to study obesity - report. 1. The depart-
5 ment is authorized to sample and collect data on individual cases where
6 obesity is being actively treated and data collected pursuant to section
7 twenty-five hundred-k of this chapter, and to analyze such data in order
8 to evaluate the impact of treating obesity. Such data collection and
9 analysis shall include the following:
10 a. The effectiveness of existing methods for treating or preventing
11 obesity;
12 b. The effectiveness of alternate methods for treating or preventing
13 obesity;
14 c. The fiscal impact of treating or preventing obesity;
15 d. The compliance and cooperation of patients with various methods of
16 treating or preventing obesity; or
17 e. The reduction in serious medical problems associated with diabetes
18 that results from treating or preventing obesity.
19 2. The department is authorized to fund the research authorized in
20 subdivision one of this section and section twenty-five hundred-k of
21 this chapter from gifts, grants, and donations from individuals, private
22 organizations, foundations, or any governmental unit; except that no
23 gift, grant, or donation may be accepted by the department if it is
24 subject to conditions that are inconsistent with this title or any other
25 laws of this state. The department shall have the power to direct the
26 disposition of any such gift, grant, or donation for the purposes of
27 this title.
28 3. After completion of the research authorized in subdivision one of
29 this section, the department shall submit a report and supporting mate-
30 rials to the governor and the legislature by June first of the following
31 year and update such report every three years.
32 § 2. This act shall take effect immediately.
33 PART J
34 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
35 2411 of the public health law, as amended by chapter 219 of the laws of
36 1997, are amended to read as follows:
37 (a) Survey state agencies, boards, programs and other state govern-
38 mental entities to assess what, if any, relevant data has been or is
39 being collected which may be of use to researchers engaged in breast,
40 prostate or testicular cancer research, or adult and childhood obesity,
41 asthma, chronic bronchitis or other chronic respiratory disease
42 research;
43 (b) Consistent with the survey conducted pursuant to paragraph (a) of
44 this subdivision, compile a list of data collected by state agencies
45 which may be of assistance to researchers engaged in breast, prostate or
46 testicular cancer research as established in section twenty-four hundred
47 twelve of this title, and adult and childhood obesity, asthma, chronic
48 bronchitis or other chronic respiratory disease research;
49 (c) Consult with the Centers for Disease Control and Prevention, the
50 National Institutes of Health, the Federal Agency For Health Care Policy
51 and Research, the National Academy of Sciences and other organizations
52 or entities which may be involved in cancer research to solicit both
53 information regarding breast, prostate and testicular cancer research
A. 9394--A 19
1 projects, and adult and childhood obesity, asthma, chronic bronchitis or
2 other chronic respiratory disease research projects that are currently
3 being conducted and recommendations for future research projects;
4 § 2. Subdivision 1 of section 2500 of the public health law, as
5 amended by chapter 822 of the laws of 1987, is amended to read as
6 follows:
7 1. The commissioner shall act in an advisory and supervisory capacity,
8 in matters pertaining to the safeguarding of motherhood, the prevention
9 of maternal, perinatal, infant and child mortality, the prevention of
10 diseases, low birth weight, childhood obesity, and defects of childhood
11 and the promotion of maternal, prenatal and child health, including care
12 in hospitals, and shall administer such services bearing on the health
13 of mothers and children for which funds are or shall hereafter be made
14 available.
15 § 3. The public health law is amended by adding a new section 2500-k
16 to read as follows:
17 § 2500-k. Childhood obesity prevention and screening. 1. Legislative
18 declaration. The legislature hereby finds, determines and declares that
19 obesity, particularly childhood obesity, is a serious medical problem
20 and that the high incidence of such condition needs to be curtailed to
21 improve the overall health of the general public and to help reduce the
22 cost of providing health care in this state. Provided further, that the
23 legislature hereby reaffirms the legislative intent contained in section
24 two hundred sixty-one of this chapter concerning obesity.
25 2. The commissioner may establish, for use by pediatric primary care
26 providers and hospitals, best practice protocols for the early screen-
27 ing, identification and treatment of children who have low birth weights
28 or may become susceptible to contracting asthma or manifest to have
29 childhood obesity conditions. Such protocols shall incorporate standards
30 and guidelines established by the American Academy of Pediatricians, the
31 federal department of agriculture, the federal department of health and
32 human services, the surgeon general, and the centers for disease control
33 and prevention.
34 3. The department, in order to support quality care in all hospitals
35 with obstetric services and for all pediatric primary care providers, is
36 authorized to provide non-patient specific information for all births at
37 each affiliate hospital in each regional perinatal center's network to
38 the regional perinatal center and the affiliate, except that such infor-
39 mation shall include zip code and a unique identifier, such as medical
40 record number.
41 4. The information when received by the department shall be used sole-
42 ly for the purpose of improving quality of care and shall not be subject
43 to release under article six of the public officers law, and where
44 applicable, shall be subject to the confidentiality provisions of
45 section twenty-eight hundred five-m of this chapter, except that the
46 release of birth certificate information shall be subject to section
47 forty-one hundred seventy-four of this chapter.
48 5. The commissioner may release information collected through the
49 statewide perinatal data system, pursuant to section twenty-five
50 hundred-h of this title and corresponding information related to asthma,
51 childhood obesity or underweight babies to his or her designees, includ-
52 ing persons or entities under contract with the department to review
53 quality of care issues, as related to the provisions of this section,
54 and to conduct quality improvement initiatives as needed to monitor,
55 evaluate and improve patient care and outcomes. Such designee or person
56 or entity under contract with the department to review quality of care
A. 9394--A 20
1 issues shall maintain the confidentiality of all such information and
2 shall use it only to improve quality of care, as approved by the depart-
3 ment, and to implement the provisions of title five of article two of
4 this chapter, as added by chapter five hundred thirty-eight of the laws
5 of two thousand two.
6 6. The department may produce and distribute educational materials on
7 childhood obesity and asthma risks and precautions. Such materials may
8 be made available to child care centers, pediatricians and nursery,
9 elementary and secondary schools for distribution to persons in parental
10 relation to children, and to hospitals, birthing centers and other
11 appropriate health care providers for distribution to maternity
12 patients. In addition, such materials may be provided to health care
13 professionals engaged in the care and treatment of children for distrib-
14 ution to such children and persons in parental relation. The department
15 may also provide information on childhood obesity and asthma risks and
16 precautions on the department's internet website. No provision of this
17 subdivision shall be deemed to prohibit the utilization and distribution
18 of educational materials relating thereto produced by any public,
19 private or governmental entity, in lieu of the department's production
20 of such materials.
21 7. The department shall periodically review available data on obesity
22 and asthma in children and update the information on childhood obesity
23 and asthma risks and precautionary measures provided in its educational
24 materials and on its internet website, as appropriate.
25 § 4. This act shall take effect immediately.
26 PART K
27 Section 1. Section 2505-a of the public health law, as added by chap-
28 ter 292 of the laws of 2009, is amended to read as follows:
29 § 2505-a. Rights of breastfeeding mothers. 1. The principles enunci-
30 ated in subdivision three of this section are declared to be the public
31 policy of the state and a copy of such statement of rights shall be
32 posted conspicuously in a public place in each maternal health care
33 facility and child day care facility. For purposes of this section,
34 "maternal health care provider" means a physician, midwife, or other
35 authorized practitioner attending a pregnant woman; and "maternal health
36 care facility" includes hospitals and freestanding birthing centers
37 providing perinatal services in accordance with article twenty-eight of
38 this chapter and applicable regulations.
39 2. The commissioner shall make available to every maternal health care
40 provider [and], maternal health care facility and child day care facili-
41 ty, on the health department's website for the purpose of health care
42 facilities to include such rights in the maternity information leaflet
43 as described in section twenty-eight hundred three-j of this chapter, a
44 copy of the statement of rights provided in subdivision three of this
45 section in the top six languages other than English spoken in the state
46 according to the latest available data from the U.S. Bureau of Census,
47 and shall adopt any rules and regulations necessary to ensure that such
48 patients are treated in accordance with the provisions of such state-
49 ment.
50 3. The statement of rights shall consist of the following:
51 "Breastfeeding Mothers' Bill of Rights"
52 Choosing the way you will feed your new baby is one of the important
53 decisions you will make in preparing for your infant's arrival. Doctors
54 agree that for most women breastfeeding is the safest and most healthy
A. 9394--A 21
1 choice. It is your right to be informed about the benefits of breast-
2 feeding and have your health care provider [and], maternal health care
3 facility and child day care facility encourage and support breastfeed-
4 ing. You have the right to make your own choice about breastfeeding.
5 Whether you choose to breastfeed or not you have the following basic
6 rights regardless of your race, creed, national origin, sexual orien-
7 tation, gender identity or expression, or source of payment for your
8 health care. Maternal health care facilities have a responsibility to
9 ensure that you understand these rights. They must provide this informa-
10 tion clearly for you and must provide an interpreter if necessary. These
11 rights may only be limited in cases where your health or the health of
12 your baby requires it. If any of the following things are not medically
13 right for you or your baby, you should be fully informed of the facts
14 and be consulted.
15 (1) Before You Deliver, if you attend prenatal childbirth education
16 classes provided by the maternal health care facility and all hospital
17 clinics and diagnostic and treatment centers providing prenatal services
18 in accordance with article 28 of the public health law you must receive
19 the breastfeeding mothers' bill of rights. Each maternal health care
20 facility shall provide the maternity information leaflet, including the
21 Breastfeeding Mothers' Bill of Rights, in accordance with section twen-
22 ty-eight hundred three-i of this chapter to each patient or to the
23 appointed personal representative at the time of prebooking or time of
24 admission to a maternal health care facility. Each maternal health care
25 provider shall give a copy of the Breastfeeding Mothers' Bill of Rights
26 to each patient at or prior to the medically appropriate time.
27 You have the right to complete information about the benefits of
28 breastfeeding for yourself and your baby. This will help you make an
29 informed choice on how to feed your baby.
30 You have the right to receive information that is free of commercial
31 interests and includes:
32 * How breastfeeding benefits you and your baby nutritionally,
33 medically and emotionally;
34 * How to prepare yourself for breastfeeding;
35 * How to understand some of the problems you may face and how to solve
36 them.
37 (2) In The Maternal Health Care Facility:
38 * You have the right to have your baby stay with you right after birth
39 whether you deliver vaginally or by cesarean section. You have the right
40 to begin breastfeeding within one hour after birth.
41 * You have the right to have someone trained to help you in breast-
42 feeding give you information and help you when you need it.
43 * You have the right to have your baby not receive any bottle feeding
44 or pacifiers.
45 * You have the right to know about and refuse any drugs that may dry
46 up your milk.
47 * You have the right to have your baby in your room with you 24 hours
48 a day.
49 * You have the right to breastfeed your baby at any time day or night.
50 * You have the right to know if your doctor or your baby's pediatri-
51 cian is advising against breastfeeding before any feeding decisions are
52 made.
53 * You have the right to have a sign on your baby's crib clearly stat-
54 ing that your baby is breastfeeding and that no bottle feeding of any
55 type is to be offered.
A. 9394--A 22
1 * You have the right to receive full information about how you are
2 doing with breastfeeding and get help on how to improve.
3 * You have the right to breastfeed your baby in the neonatal intensive
4 care unit. If nursing is not possible, every attempt will be made to
5 have your baby receive your pumped or expressed milk.
6 * If you, or your baby, are re-hospitalized in a maternal care facili-
7 ty after the initial delivery stay, the hospital will make every effort
8 to continue to support breastfeeding, to provide hospital grade electric
9 pumps and rooming in facilities.
10 * You have the right to have help from someone specially trained in
11 breastfeeding support and expressing breast milk if your baby has
12 special needs.
13 * You have the right to have a family member or friend receive breast-
14 feeding information from a staff member if you request it.
15 (3) When You Leave The Maternal Health Care Facility:
16 * You have the right to printed breastfeeding information free of
17 commercial material.
18 * You have the right, unless specifically requested by you, and avail-
19 able at the facility, to be discharged from the facility without
20 discharge packs containing infant formula, or formula coupons unless
21 ordered by your baby's health care provider.
22 * You have the right to get information about breastfeeding resources
23 in your community including information on availability of breastfeeding
24 consultants, support groups and breast pumps.
25 * You have the right to have the facility give you information to help
26 choose a medical provider for your baby and understand the importance of
27 a follow-up appointment.
28 * You have the right to receive information about safely collecting
29 and storing your breast milk.
30 * You have the right to breastfeed your baby in any location, public
31 or private, where you are otherwise authorized to be. Complaints can be
32 directed to the New York State Division of Human Rights.
33 * You have a right to breastfeed your baby at your place of employment
34 or child day care center in an environment that does not discourage
35 breastfeeding or the provision of breast milk.
36 All the above are your rights. If the maternal health care facility
37 does not honor these rights you can seek help by contacting the New York
38 state department of health or by contacting the hospital complaint
39 hotline or via email.
40 4. The commissioner shall make regulations reasonably necessary to
41 implement this section.
42 § 2. Section 2505 of the public health law, as added by chapter 479 of
43 the laws of 1980, is amended to read as follows:
44 § 2505. Human breast milk; collection, storage and distribution;
45 general powers of the commissioner. The commissioner is hereby
46 empowered to:
47 (a) adopt regulations and guidelines including, but not limited to
48 donor standards, methods of collection, and standards for storage, and
49 distribution of human breast milk;
50 (b) conduct educational activities to inform the public and health
51 care providers of the availability of human breast milk for infants
52 determined to require such milk and to inform potential donors of the
53 opportunities for proper donation;
54 (c) adopt regulations and guidelines to encourage and facilitate
55 employers and child day care centers to establish environments that do
56 not discourage breastfeeding and the provision of breast milk. Such
A. 9394--A 23
1 environments shall include sanitary locations for breastfeeding, refri-
2 gerators, and trained staff to assist in breastfeeding and feeding
3 babies with expressed breast milk;
4 (d) collect and compile data on the prevalence of breastfeeding in the
5 state and the health condition of children fed breast milk in comparison
6 to those who were not; and
7 (e) establish rules and regulations to effectuate the provisions of
8 this section.
9 § 3. Subdivision 2 of section 2515 of the public health law, as added
10 by section 20 of part A of chapter 58 of the laws of 2008, is amended to
11 read as follows:
12 2. "Services for eligible adolescents" means those services, including
13 but not limited to: vocational and educational counseling, job skills
14 training, family life and parenting education, life skills development,
15 coordination, case management, primary preventive health care, pregnancy
16 and child nutrition counseling for expectant mothers to curb the inci-
17 dence of childhood obesity, family planning, social and recreational
18 programs, child care, outreach and advocacy, follow-up on service utili-
19 zation, crisis intervention, and efforts to stimulate community interest
20 and involvement.
21 § 4. Paragraph (c) of subdivision 2 of section 2515-a of the public
22 health law, as added by section 20 of part A of chapter 58 of the laws
23 of 2008, is amended to read as follows:
24 (c) serve a geographic area where the incidence of infant mortality,
25 low birth weight infants, childhood obesity and the prevalence of low-
26 income families are high and where the availability or accessibility of
27 services for eligible adolescents is low;
28 § 5. Subdivision (b) of section 2522 of the public health law, as
29 amended by chapter 484 of the laws of 2009, is amended and a new subdi-
30 vision (e-1) is added to read as follows:
31 (b) promotion of community awareness of the benefits to the mother and
32 child of preconception health and early and continuous prenatal care;
33 (e-1) health and nutritional education and services for both parents,
34 regarding childhood and adult obesity and asthma, and the prevention or
35 mitigation thereof;
36 § 6. This act shall take effect immediately.
37 PART L
38 Section 1. Section 916 of the education law, as amended by chapter 524
39 of the laws of 2006, is amended to read as follows:
40 § 916. Pupils afflicted with asthma or other potentially life-threat-
41 ening respiratory illnesses. The board of education or trustees of each
42 school district and board of cooperative educational services shall
43 allow pupils who have been diagnosed by a physician or other duly
44 authorized health care provider with a severe or moderately severe asth-
45 matic condition or other potentially life-threatening respiratory
46 illness to carry and use a prescribed inhaler during the school day,
47 with the written permission of a physician or other duly authorized
48 health care provider, and parental consent, based on such physician's or
49 provider's determination that such pupil is subject to sudden asthmatic
50 attacks [severe enough to] that can debilitate such pupil. A record of
51 such permission shall be maintained in the school office. In addition,
52 upon the written request of a parent or person in parental relation, the
53 board of education or trustees of a school district and board of cooper-
54 ative educational services shall allow such pupils to maintain an extra
A. 9394--A 24
1 such inhaler in the care and custody of a registered professional nurse
2 or other designated responsible person employed by such district or
3 board of cooperative educational services. Nothing in this section
4 shall require a school district or board of cooperative educational
5 services to retain a school nurse solely for the purpose of taking
6 custody of a spare inhaler, or require that a school nurse be available
7 at all times in a school building for such purpose.
8 § 2. The education law is amended by adding a new section 921 to read
9 as follows:
10 § 921. Use of nebulizer. 1. Every school district and board of cooper-
11 ative educational services in this state may maintain one or more nebu-
12 lizers in the office of the school nurse or in a similar accessible
13 location.
14 2. The commissioner, in consultation with the commissioner of health,
15 may promulgate regulations for the administration of asthma medication
16 through the use of a nebulizer by the school nurse or person authorized
17 by regulation. The regulations may include:
18 a. a requirement that each certified nurse or other person authorized
19 to administer asthma medication in schools receive training in airway
20 management and in the use of nebulizers and inhalers consistent with
21 nationally recognized standards; and
22 b. a requirement that each pupil authorized to use asthma medication
23 pursuant to section nine hundred sixteen of this article or a nebulizer
24 have an asthma treatment plan prepared by the physician of the pupil,
25 which identify, at a minimum, asthma triggers, the treatment plan, and
26 such other elements as shall be determined by the regents.
27 § 3. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law; provided, however, that effective immediate-
29 ly the commissioner of education is authorized to promulgate rules and
30 regulations for the implementation of this act on such effective date.
31 PART M
32 Section 1. The real property law is amended by adding a new section
33 235-h to read as follows:
34 § 235-h. Residential rental property smoking policies. Every rental
35 agreement for a dwelling unit, in a multiple dwelling building with four
36 or more units, shall include a disclosure of the smoking policy for the
37 premises on which the dwelling unit is located. The disclosure must
38 state whether smoking is prohibited on the premises, allowed on the
39 entire premises or allowed in limited areas on the premises. If the
40 smoking policy allows smoking in limited areas on the premises, the
41 disclosure must identify the areas on the premises where smoking is
42 allowed.
43 § 2. This act shall take effect on the first of January next succeed-
44 ing the date on which it shall have become a law.
45 PART N
46 Section 1. The state finance law is amended by adding a new section
47 91-h to read as follows:
48 § 91-h. Obesity and respiratory disease research and education fund.
49 1. There is hereby established in the joint custody of the commissioner
50 of taxation and finance and the comptroller, a special fund to be known
51 as the "obesity and respiratory disease research and education fund".
A. 9394--A 25
1 2. Such fund shall consist of all revenue received pursuant to an
2 appropriation thereto, and all other moneys appropriated, credited or
3 transferred thereto from any other fund or source pursuant to law.
4 Nothing in this section shall be deemed to prevent the state from
5 receiving grants, gifts or bequests for the purposes of the fund and
6 depositing them into the fund according to law.
7 3. Monies of the fund shall be expended only for adult and childhood
8 obesity, asthma, chronic bronchitis or other chronic respiratory disease
9 research and educational projects conducted pursuant to sections twen-
10 ty-four hundred eleven, twenty-five hundred and twenty-five hundred-k of
11 the public health law.
12 4. Monies shall be payable from the fund on the audit and warrant of
13 the comptroller on vouchers approved or certified by the commissioner of
14 health.
15 § 2. This act shall take effect immediately.
16 PART O
17 Section 1. Paragraphs 6 and 7 of subsection (b) of section 3239 of the
18 insurance law, as added by chapter 592 of the laws of 2008, are amended
19 and a new paragraph 8 is added to read as follows:
20 (6) a nutrition education program; [and]
21 (7) health or fitness incentive programs[.]; and
22 (8) a coordinated weight management, nutrition, stress management and
23 physical fitness program to combat the high incidence of adult and
24 childhood obesity, asthma and other chronic respiratory conditions.
25 § 2. Subparagraphs (C) and (D) of paragraph 2 of subsection (c) of
26 section 3239 of the insurance law, as added by chapter 592 of the laws
27 of 2008, are amended and two new subparagraphs (E) and (F) are added to
28 read as follows:
29 (C) the waiver or reduction of copayments, coinsurance and deductibles
30 for preventive services covered under the group policy or subscriber
31 contract; [and]
32 (D) monetary rewards in the form of gift cards or gift certificates,
33 so long as the recipient of the reward is encouraged to use the reward
34 for a product or a service that promotes good health, such as healthy
35 cook books, over the counter vitamins or exercise equipment[.];
36 (E) full or partial reimbursement of the cost of participating in a
37 stress management program or activity; and
38 (F) full or partial reimbursement of the cost of participating in a
39 health or fitness program.
40 § 3. This act shall take effect immediately.
41 PART P
42 Section 1. Subparagraph 4 of paragraph (o) of subdivision 4 of
43 section 366 of the social services law is amended by adding a new clause
44 (vi-a) to read as follows:
45 (vi-a) health and nutritional education and services for both parents,
46 regarding childhood and adult obesity, asthma and the mitigation there-
47 of;
48 § 2. Paragraph (a) of subdivision 2-a of section 390 of the social
49 services law, as added by chapter 416 of the laws of 2000, is amended to
50 read as follows:
51 (a) The office of children and family services shall promulgate regu-
52 lations which establish minimum quality program requirements for
A. 9394--A 26
1 licensed and registered child day care homes, programs and facilities.
2 Such requirements shall include but not be limited to (i) the need for
3 age appropriate activities, materials and equipment to promote cogni-
4 tive, educational, social, cultural, physical, emotional, language and
5 recreational development of children in care in a safe, healthy and
6 caring environment (ii) principles of childhood development (iii) appro-
7 priate staff/child ratios for family day care homes, group family day
8 care homes, school age day care programs and day care centers, provided
9 however that such staff/child ratios shall not be less stringent than
10 applicable staff/child ratios as set forth in part four hundred four-
11 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
12 teen of title eighteen of the New York code of rules and regulations as
13 of January first, two thousand (iv) appropriate levels of supervision of
14 children in care (v) appropriate physical activity, nutritional offer-
15 ings, and low calorie and low sugar beverages to lower the incidence of
16 childhood obesity (vi) minimum standards for sanitation, health,
17 infection control, nutrition, buildings and equipment, safety, security
18 procedures, first aid, fire prevention, fire safety, evacuation plans
19 and drills, prevention of child abuse and maltreatment, staff qualifica-
20 tions and training, record keeping, and child behavior management.
21 § 3. Section 390-a of the social services law is amended by adding a
22 new subdivision 6 to read as follows:
23 6. No family day care home, group family day care home, school age
24 child care program or child day care center shall discriminate against
25 any child who is breast fed or who is fed with expressed breast milk.
26 § 4. Subdivision 1 of section 224-b of the county law, as added by
27 chapter 575 of the laws of 1989, is amended to read as follows:
28 1. Agreements to employ and manage area program specialists. Notwith-
29 standing the provisions of subdivision eight of section two hundred
30 twenty-four of this article, two or more county cooperative extension
31 associations may enter into a separate agreement with Cornell university
32 to employ area program specialists. Examples of program areas which
33 could be funded and delivered through the Cornell cooperative extension
34 system could include but not be limited to water quality, solid waste
35 management, commercial and alternative agricultural technologies inte-
36 grated pest management, nutrition, diet and health, adult and childhood
37 obesity, asthma and chronic respiratory illness prevention, community
38 and rural development, housing availability and affordability, family
39 and economic well being, and the complex problems of youth at risk. Such
40 annual agreements shall identify the titles of the positions to be
41 supported and the program areas for which they will provide leadership.
42 Standards for the employment of area program specialists, including
43 salaries, shall be established by Cornell university, through the direc-
44 tor of extension in consultation with county cooperative extension asso-
45 ciations, apart from standards for the employment of professional staff
46 under section two hundred twenty-four of this article. Area program
47 specialists shall, for administrative purposes, receive salary payments
48 through the Cornell university payroll and for such purposes shall be
49 deemed employees of Cornell university; provided, however, that their
50 program activities shall be directed and managed jointly by the partic-
51 ipating associations and Cornell university under the terms of the annu-
52 al memorandum of agreement. Area program specialists shall be eligible
53 to receive the same state or federal fringe benefits as professional
54 staff employed by the cooperative extension associations under the terms
55 of section two hundred twenty-four of this article.
A. 9394--A 27
1 § 5. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law; provided that, effec-
3 tive immediately, any rules and regulations necessary to implement the
4 provisions of this act on its effective date are authorized and directed
5 to be completed on or before such date.
6 § 3. Severability clause. If any clause, sentence, paragraph, subdi-
7 vision, section or part of this act shall be adjudged by any court of
8 competent jurisdiction to be invalid, such judgment shall not affect,
9 impair, or invalidate the remainder thereof, but shall be confined in
10 its operation to the clause, sentence, paragraph, subdivision, section
11 or part thereof directly involved in the controversy in which such judg-
12 ment shall have been rendered. It is hereby declared to be the intent of
13 the legislature that this act would have been enacted even if such
14 invalid provisions had not been included herein.
15 § 4. This act shall take effect immediately provided, however, that
16 the applicable effective date of Parts A through P of this act shall be
17 as specifically set forth in the last section of such Parts.
