S T A T E   O F   N E W   Y O R K
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                                 2866--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. AUBRY, PERRY -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the education law, in relation to requiring preventative
  cardiac screening of student athletes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 55 to read as follows:
  55. A. FOR PURPOSES OF THIS SUBDIVISION, "STUDENT ATHLETE" SHALL  MEAN
ANY STUDENT PARTICIPATING IN SUPERVISED SPORTING ACTIVITIES ORGANIZED OR
SPONSORED BY A PUBLIC OR PRIVATE SCHOOL, OR AN ORGANIZATION, ASSOCIATION
OR GROUP ORGANIZED AND FUNCTIONING, IN WHOLE OR IN PART, FOR THE PURPOSE
OF  PROVIDING  YOUTH  WITH  THE OPPORTUNITY TO PARTICIPATE IN SUPERVISED
SPORTING ACTIVITIES.
  B. THE COMMISSIONER SHALL, IN CONSULTATION WITH  THE  COMMISSIONER  OF
HEALTH, PROMULGATE REGULATIONS AND GUIDELINES REQUIRING STUDENT ATHLETES
TO  RECEIVE  PREVENTATIVE  CARDIAC  SCREENING  TO  DETECT CONDITIONS AND
DEFECTS WHICH MAY LEAD TO ILLNESS, INJURY OR DEATH AS A RESULT OF STREN-
UOUS PHYSICAL ACTIVITY.
  C. SUCH  REGULATIONS  SHALL  INCLUDE  A  PROVISION  REQUIRING  STUDENT
ATHLETES  IN GRADES NINE THROUGH TWELVE TO BE SUBJECT TO A  PRE-PARTICI-
PATION PHYSICAL EVALUATION WHICH SHALL INCLUDE  A  PREVENTATIVE  CARDIAC
SCREENING  BEFORE  BEING  ALLOWED TO PARTICIPATE IN AN ATHLETIC ACTIVITY
SPONSORED BY OR SANCTIONED BY ANY PUBLIC OR PRIVATE  HIGH  SCHOOL.  SUCH
PREVENTATIVE  CARDIAC SCREENING MUST BE SATISFIED THROUGH AN ELECTROCAR-
DIOGRAM EXAMINATION. AN ELECTROCARDIOGRAM MAY BE  OBTAINED  THROUGH  ANY
APPROPRIATELY  LICENSED  OR CERTIFIED HEALTHCARE PROFESSIONAL. THE ELEC-
TROCARDIOGRAM MUST BE ADMINISTERED:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00364-02-6
              

A. 2866--A                          2

  (I) BEFORE THE STUDENT'S FIRST YEAR OF  PARTICIPATION  IN  ANY  SCHOOL
SPONSORED ATHLETIC ACTIVITY; AND
  (II) BEFORE THE STUDENT'S THIRD YEAR OF PARTICIPATION.
  D.  REGULATIONS OR GUIDELINES ESTABLISHED BY THE COMMISSIONER PURSUANT
TO THIS SUBDIVISION MAY BE BASED ON THE  MOST  CURRENT  EDITION  OF  THE
NATIONALLY  RECOGNIZED  PRE-PARTICIPATION  PHYSICAL EVALUATION QUESTION-
NAIRE, PROVIDED THAT SUCH QUESTIONNAIRE SHALL INCLUDE AN  ELECTROCARDIO-
GRAM AND A HEART HISTORY SUBSECTION FOR THE STUDENT-ATHLETE.
  E.  NOTHING  WITHIN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO CREATE,
ESTABLISH, EXPAND, REDUCE, CONTRACT OR ELIMINATE A CAUSE  OF  ACTION  OR
LIABILITY  AGAINST  AN  APPROPRIATELY  LICENSED  OR CERTIFIED HEALTHCARE
PROFESSIONAL, A SCHOOL DISTRICT, OR A DISTRICT OFFICER OR  EMPLOYEE  FOR
THE  INJURY  OR DEATH OF A STUDENT PARTICIPATING IN OR PRACTICING FOR AN
ATHLETIC ACTIVITY SPONSORED OR SANCTIONED BY A PUBLIC  OR  PRIVATE  HIGH
SCHOOL  BASED  ON OR IN CONNECTION WITH THE ADMINISTRATION OR EVALUATION
OF OR RELIANCE ON AN ELECTROCARDIOGRAM.
  F. REGULATIONS ADOPTED UNDER PARAGRAPH B  OF  THIS  SUBDIVISION  SHALL
INCLUDE  A RULE FOR GRANTING A WAIVER FROM ADMINISTRATION OF AN ELECTRO-
CARDIOGRAM UNDER THIS SECTION TO A STUDENT  ATHLETE  IN  RESPONSE  TO  A
WRITTEN  REQUEST  FROM THE PARENT OR GUARDIAN CLAIMING A FINANCIAL HARD-
SHIP OR FOR RELIGIOUS REASONS.
  G. THE COMMISSIONER SHALL DETERMINE THE SPECIFIC  TYPES  OF  SCREENING
WHICH  SHALL BE REQUIRED PURSUANT TO THIS SUBDIVISION INCLUDING, BUT NOT
LIMITED  TO,  ADVANCED  SCREENING  FOR  THE  DIAGNOSIS  OF  HYPERTROPHIC
CARDIOMYOPATHY.
  S 2. This act shall take effect immediately.