A03049 Summary:

BILL NOA03049
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSR
 
MLTSPNSR
 
Amd 903, 904, 1950 & 305, Ed L
 
Requires dental health certificates to be furnished by a student at the same time that health certificates are required.
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A03049 Committee Votes:

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A03049 Floor Votes:

There are no votes for this bill in this legislative session.
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A03049 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3049
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the education law, in relation to requiring dental health certificates to be furnished by a student at the same time that health certificates are required   PURPOSE: This bill would require students to furnish a dental health certificate.   SUMMARY OF PROVISIONS: Section 1 amends section 903 of the education law to require a dental health certificate to attend school and sets forth conditions for exemption from this requirement. Section 2 amends section 904 of the education law to require districts to provide a dental exam if the dental health certificate is not furnished by the student. Provides for an exemption if the district is unable to secure a dental provider. Section 3 amends section 1950 of the education law to allow boards of cooperative educational services to provide districts with an exemption from providing dental exams. Section 4 amends section 305 of the education law to allow the commis- sioner of education to provide districts with an exemption from provid- ing dental exams and requires the commissioner to issue regulations concerning the criteria for such exemptions. Section 5 is the effective date.   JUSTIFICATION: Tooth decay is one of the most common chronic conditions of childhood in the United States. According to the National Center for Chronic Disease Prevention and Health Promotion, about 1 in 5 (20%) children aged 5-11 years have at least one untreated decayed tooth. The percentage of chil- dren and adolescents aged 5-19 years with untreated tooth decay is twice as high for children from low-income families (25%) compared with chil- dren from higher-income households (12%). The New York State Department of Health 2009-2011 Oral Health Indicators survey showed that in New York State approximately 24% of third graders have untreated cavities. This alarming statistic is a wake-up call for action. Poor oral health can have a detrimental effect on children's quality of life, their performance at school, and their success later in life. Tooth decay is preventable and ensuring that students receive the preventive and restorative oral health services they need in the school is important in helping them stay healthy and ready to learn. We need to encourage dental prevention and treatment. A dental certif- icate will help to determine whether a child is in fit condition of dental health to attend school by providing a clinical assessment.   LEGISLATIVE HISTORY: 2020: A9690 referred to Education   FISCAL IMPLICATIONS: None to state   EFFECTIVE DATE: This act shall take effect on July 1, 2022.
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A03049 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3049
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Education
 
        AN ACT to amend the education  law,  in  relation  to  requiring  dental
          health certificates to be furnished by a student at the same time that
          health certificates are required

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 2, 3 and 4 of section  903  of  the  education
     2  law,  subdivision  2  as amended by section 1 of part S of chapter 57 of
     3  the laws of 2013, subdivisions 3 and 4 as amended by chapter 281 of  the
     4  laws  of 2007, and paragraph a of subdivision 3 as amended by section 28
     5  of part A of chapter 58 of the laws of 2008,  are  amended  to  read  as
     6  follows:
     7    2.  a. A dental health certificate shall be [requested from] furnished
     8  by each student[.  Each student is requested to furnish a dental  health
     9  certificate]  at the same time that health certificates are required. An
    10  assessment and dental health history of any child may  be  requested  by
    11  the  local school authorities at any time in their discretion to promote
    12  the educational interests of  such  child.  Each  certificate  shall  be
    13  signed  by a duly licensed dentist, or a registered dental hygienist who
    14  is authorized by law to practice in this state, and consistent with  any
    15  applicable  written practice agreement, or by a duly licensed dentist or
    16  registered dental hygienist who is authorized to practice in the  juris-
    17  diction in which the assessment was given, provided that the commission-
    18  er  has determined that such jurisdiction has standards of licensure and
    19  practice comparable to those of New York. Each  such  certificate  shall
    20  describe  the dental health condition of the student when the assessment
    21  was made, which shall not be  more  than  twelve  months  prior  to  the
    22  commencement  of  the  school year in which the assessment is requested,
    23  and shall state whether such student  is  in  fit  condition  of  dental
    24  health to permit his or her attendance at the public schools.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02949-01-1

        A. 3049                             2
 
     1    b.  A notice of [request for] dental health [certificates] certificate
     2  requirements shall be distributed at  the  same  time  that  parents  or
     3  person in parental relationship to students are notified of health exam-
     4  ination  requirements  and  shall state that a list of dental practices,
     5  dentists  and  registered  dental  hygienists  to  which children may be
     6  referred for dental services on a free or reduced cost basis  is  avail-
     7  able  upon  request  at  the  child's  school.  The department shall, in
     8  collaboration with the department of health, compile and maintain a list
     9  of dental practices, dentists and registered dental hygienists to  which
    10  children  may  be referred for dental services on a free or reduced cost
    11  basis. Such list shall be made available to all public  schools  and  be
    12  made  available  to  parents  or  person  in  parental relationship upon
    13  request. The department shall promulgate regulations to ensure the gath-
    14  ering and dissemination of the proper information to interested parties.
    15    3. [a.] Within thirty  days  after  the  student's  entrance  in  such
    16  schools  or grades, the health certificate and dental health certificate
    17  shall be submitted to the principal or his or her designee and shall  be
    18  filed  in  the  student's cumulative health record. If such student does
    19  not present  a  health  certificate  or  dental  health  certificate  as
    20  required  in  this  section,  unless  he or she has been accommodated on
    21  religious grounds, the principal or the principal's designee shall cause
    22  a notice to be sent to the parents or person in parental relationship to
    23  such student that if the required health certificate  is  not  furnished
    24  within  thirty days from the date of such notice, an examination will be
    25  made of such student, as provided  in  this  article.  Each  school  and
    26  school  district  chosen  as part of an appropriate sampling methodology
    27  shall participate in surveys directed  by  the  commissioner  of  health
    28  pursuant  to  the  public  health  law  in relation to students' BMI and
    29  weight status categories as reported on the  school  health  certificate
    30  and  which shall be subject to audit by the commissioner of health. Such
    31  surveys shall contain the information required pursuant  to  subdivision
    32  one of this section in relation to students' BMI and weight status cate-
    33  gories  in aggregate. Parents or other persons in parental relation to a
    34  student may refuse to have the student's BMI and weight status  category
    35  included  in  such survey. Each school and school district shall provide
    36  the commissioner of health with any information, records and reports  he
    37  or  she  may  require  for the purpose of such audit. The BMI and weight
    38  status survey and audit  as  described  in  this  subdivision  shall  be
    39  conducted consistent with confidentiality requirements imposed by feder-
    40  al law.
    41    [b. Within thirty days after the student's entrance in such schools or
    42  grades,  the  dental  health certificate, if obtained, shall be filed in
    43  the student's cumulative health record.]
    44    4. Notwithstanding the provisions of subdivisions one, two  and  three
    45  of this section[,]:
    46    a.  no  examinations  for a health certificate [or], health history or
    47  dental health certificate  shall  be  required  [or  dental  certificate
    48  requested],  and  no screening examinations for sickle cell anemia shall
    49  be required where a student or the parent or person in parental relation
    50  to such student objects thereto on the grounds that such examinations or
    51  health  history  conflict  with  their  genuine  and  sincere  religious
    52  beliefs; and
    53    b.  no  dental  certificate  shall  be  required  if a school district
    54  received an exemption, pursuant to paragraph b  of  subdivision  two  of
    55  section  nine  hundred  four of this article, and the department has not

        A. 3049                             3
 
     1  identified a free or reduced cost dental provider in the student's coun-
     2  ty, pursuant to subdivision two of this section.
     3    §  2.  Section  904 of the education law, as amended by chapter 477 of
     4  the laws of 2007, subdivision 1 as amended by section 12 of  part  B  of
     5  chapter 58 of the laws of 2007, is amended to read as follows:
     6    § 904. Examinations by health appraisal. 1. Each principal of a public
     7  school,  or  his or her designee, shall report to the director of school
     8  health services having jurisdiction over such school, the names  of  all
     9  students  who  have  not furnished health certificates or dental certif-
    10  icates as provided in section nine hundred three of this article, or who
    11  are children with disabilities, as defined  by  article  eighty-nine  of
    12  this chapter[, and the].
    13    a. The director of school health services shall cause such students to
    14  be separately and carefully examined and tested to ascertain whether any
    15  student has defective sight or hearing, or any other physical disability
    16  which  may tend to prevent him or her from receiving the full benefit of
    17  school work, or from requiring a modification of such  work  to  prevent
    18  injury  to  the  student or from receiving the best educational results.
    19  Each examination shall also include a calculation of the student's  body
    20  mass  index  (BMI)  and  weight  status  category.  For purposes of this
    21  section, BMI is computed as the  weight  in  kilograms  divided  by  the
    22  square of height in meters or the weight in pounds divided by the square
    23  of  height  in  inches  multiplied by a conversion factor of 703. Weight
    24  status categories for children and adolescents shall be  as  defined  by
    25  the  commissioner  of  health.  In all school districts, such physician,
    26  physician assistant or nurse  practitioner  shall  determine  whether  a
    27  one-time test for sickle cell anemia is necessary or desirable and he or
    28  she  shall  conduct  such  tests  and  the  certificate  shall state the
    29  results. If it should be ascertained, upon  such  test  or  examination,
    30  that  any  of  such  students  have defective sight or hearing, or other
    31  physical disability, including sickle cell anemia, as  above  described,
    32  the  principal  or  his  or her designee shall notify the parents of, or
    33  other persons in parental relation to, the child as to the existence  of
    34  such  disability.  If  the parents or other persons in parental relation
    35  are unable or unwilling to provide the necessary  relief  and  treatment
    36  for  such  students, such fact shall be reported by the principal or his
    37  or her designee to the director of school health services, whose duty it
    38  shall be to provide relief for such students.  Each  school  and  school
    39  district  chosen  as  part  of an appropriate sampling methodology shall
    40  participate in surveys directed by the commissioner of  health  pursuant
    41  to  the public health law in relation to students' BMI and weight status
    42  categories as determined by the examination conducted pursuant  to  this
    43  section  and  which  shall  be  subject  to audit by the commissioner of
    44  health. Such surveys shall contain the information required pursuant  to
    45  this  subdivision in relation to students' BMI and weight status catego-
    46  ries in aggregate. Parents or other persons in parental  relation  to  a
    47  student  may refuse to have the student's BMI and weight status category
    48  included in such survey. Each school and school district  shall  provide
    49  the  commissioner of health with any information, records and reports he
    50  or she may require for the purpose of such audit.  The  BMI  and  weight
    51  status  survey and audit as described in this section shall be conducted
    52  consistent with confidentiality requirements  imposed  by  federal  law.
    53  Data  collection for such surveys shall commence on a voluntary basis at
    54  the beginning of the two thousand seven academic school year, and by all
    55  schools chosen as part of the sampling methodology at the  beginning  of
    56  the  two  thousand eight academic school year. The department shall also

        A. 3049                             4
 
     1  utilize the collected data to develop a  report  of  child  obesity  and
     2  obesity related diseases.
     3    b. The director of school health services shall cause such students to
     4  be  separately  and  carefully  examined  and  tested by a duly licensed
     5  dentist or registered dental hygienist to ascertain whether they are  in
     6  fit  condition  of  dental  health  to  permit  his or her attendance at
     7  school. Each examination shall also note whether the  student  has  ever
     8  had  a  cavity,  whether  untreated cavities are present, whether dental
     9  sealants are present, and any recommended treatment options.
    10    2.  Notwithstanding  the  provisions  of  subdivision  one   of   this
    11  section[,]:
    12    a.  no examinations shall be required pursuant to this section where a
    13  student or the parent or person in parental  relation  to  such  student
    14  objects  thereto  on  the  grounds  that such examinations conflict with
    15  their genuine and sincere religious beliefs; and
    16    b. no examination shall be required pursuant to paragraph b of  subdi-
    17  vision  one  of  this  section if the district has received an exemption
    18  from the commissioner or the district's local county  board  of  cooper-
    19  ative educational services.
    20    §  3. Subdivision 4 of section 1950 of the education law is amended by
    21  adding a new paragraph pp to read as follows:
    22    pp. A board of  cooperative  educational  services  is  authorized  to
    23  provide  to  a school district an exemption from the provisions of para-
    24  graph b of subdivision one of section nine hundred four of this chapter.
    25  Requirements for such exemption shall be promulgated by rules and  regu-
    26  lations by the commissioner in accordance with subdivision fifty-nine of
    27  section three hundred five of this chapter.
    28    §  4.  Section  305  of  the  education law is amended by adding a new
    29  subdivision 59 to read as follows:
    30    59. The commissioner is authorized to provide to a school district  an
    31  exemption  from  the  provisions  of  paragraph  b of subdivision one of
    32  section nine hundred four of  this  chapter.    The  commissioner  shall
    33  promulgate   rules  and  regulations  to  establish  criteria  for  such
    34  exemption that shall include, but not be limited to, evidence  that  the
    35  school  district has made a good faith effort to hire or contract with a
    36  duly licensed dentist or registered  dental  hygienist  to  provide  the
    37  required examination and was unable to do so.
    38    § 5. This act shall take effect on the first of July, 2022.
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