Establishes the eating disorders awareness and prevention program in the the department of health; requires public school students to be screened for eating disorders.
TITLE OF BILL: An act to amend the public health law, in relation to establishing the eating disorders awareness and prevention program; and to amend the education law, in relation to screening students for eating disorders
PURPOSE: To create the Eating Disorders Awareness and Prevention Program within the Department of health and to require that health certificates required for attendance in public schools include an assessment of the student for eating disorders.
SUMMARY OF PROVISIONS: Section 1 of the bill creates a new Article 27-FF of the public health law establishing the Eating Disorders Awareness and Prevention Program within the Department of Health and directs that the program shall, in consultation and cooperation with the Department of Education, the New York State Comprehensive Care Centers for Eating Disorders and the National Eating Disorders Association, develop a media campaign, establish school-based eating disorders awareness and prevention programs with linkages to health education courses, sponsor periodic conference or meetings of stakeholders and develop, promote and make available training programs for health professionals. It also directs the department to periodically collect and analyze information to determine the prevalence of eating disorders in the state and to evaluate the program and other state programs designed to address eating disorders.
Section 2 of the bill amends section 903 of the education law to require that health certificates required by public school districts include among the various required health screenings an assessment of the student for eating disorders.
Section 3 of the bill amends section 904 of the education law to include eating disorders to the list of things a school health services shall ensure that a student is examined for a student fail to provide the health certificate as required by section 903 of the education law and to notify the parent or guardian if the existence of an eating disorder is ascertained.
Section 4 of the bill provides for an effective date.
JUSTIFICATION: Alarmingly, in American high schools 30% of girls and 16% of boys suffer from disordered eating, and Anorexia is the third most common chronic illness among adolescents. In fact it has the highest death rate of any mental illness with females between the ages of 15 and 24 dying 12 times more from their eating disorder than all other causes of death in that age-group.
A recent study found that between 1999 and 2006, hospitalizations for eating disorders increased most sharply (119%) for children younger than 12 years old. Clearly eating disorder awareness, detection and prevention must start at early ages and be addressed in a comprehensive manner. Early recognition and intervention of eating disorders has been linked to better treatment outcomes, however it requires enhance screening, awareness and intervention.
This bill provides a comprehensive approach by requiring screenings for eating disorders along with the other health screenings conducted for public school attendance and by creating an awareness and prevention program to develop a media campaign, establish school-based eating disorders awareness and prevention programs with linkages to health education courses, sponsor periodic conference or meetings of stakeholders and develop, promote and make available training programs for health professionals.
New York State has already taken a leading role in recognizing the importance of addressing eating disorders. In 2004 a network of Comprehensive Care Centers for Eating Disorders were established and in 2007 the Child Performer Advisory Board to Prevent Eating Disorders was enacted. This bill represents the next steps for New York State to ensure we do everything we can to be proactive and save lives,
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined, however with the cost of treating full symptom eating disorders costing upwards of $30,000 per month, this bill can, a minimal cost, result in significant savings to the state health care system while saving lives.
EFFECTIVE DATE: This act shall take effect 90 days after enactment provided that sections 2 and 3 of the act shall take effect on the first of July next succeeding enactment.
STATE OF NEW YORK ________________________________________________________________________ 7386 IN SENATE May 2, 2012 ___________Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to establishing the eating disorders awareness and prevention program; and to amend the education law, in relation to screening students for eating disorders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new article 27-FF to read as follows: ARTICLE 27-FF EATING DISORDERS AWARENESS AND PREVENTION PROGRAM SECTION 2790. EATING DISORDERS AWARENESS AND PREVENTION PROGRAM; ESTAB- LISHMENT. 2791. PROGRAM DEVELOPMENT. S 2790. EATING DISORDERS AWARENESS AND PREVENTION PROGRAM; ESTABLISH- MENT. THE EATING DISORDERS AWARENESS AND PREVENTION PROGRAM IS ESTAB- LISHED WITHIN THE DEPARTMENT. S 2791. PROGRAM DEVELOPMENT. 1. THE EATING DISORDERS AWARENESS AND PREVENTION PROGRAM SHALL BE DESIGNED TO PROMOTE THE AWARENESS OF EATING DISORDERS AND AVAILABLE SERVICES, AS WELL AS TO PREVENT AND REDUCE THE INCIDENCE AND PREVALENCE OF EATING DISORDERS, ESPECIALLY AMONG CHILDREN AND ADOLESCENTS. RECOGNIZING THAT EARLY IDENTIFICATION AND INTERVENTION OF EATING DISORDERS IS ESSENTIAL, THIS PROGRAM SHALL PROVIDE A MULTI-FA- CETED APPROACH TO ACHIEVE ITS INTENDED GOALS. 2. THE EATING DISORDERS AWARENESS AND PREVENTION PROGRAM SHALL, IN CONSULTATION AND COOPERATION WITH THE DEPARTMENT OF EDUCATION, THE NEW YORK STATE COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS AND THE NATIONAL EATING DISORDERS ASSOCIATION, BE ESTABLISHED IN ORDER TO, BUT NOT BE LIMITED TO: (A) DEVELOP MEDIA HEALTH PROMOTION CAMPAIGNS TARGETED TO CHILDREN, ADOLESCENTS AND THEIR PARENTS OR CAREGIVERS THAT RAISE AWARENESS ABOUT EATING DISORDERS AND PROVIDE INFORMATION AND RESOURCES ON WHERE TO SEEK HELP;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15726-01-2 S. 7386 2
(B) ESTABLISH SCHOOL-BASED EATING DISORDERS AWARENESS AND PREVENTION PROGRAMS WITH LINKAGES TO HEALTH EDUCATION COURSES; (C) SPONSOR PERIODIC CONFERENCES OR MEETINGS TO BRING TOGETHER EXPERTS IN PUBLIC HEALTH, MENTAL HEALTH, EDUCATION, PARENTING, MEDIA, FOOD MARKETING, AND OTHER DISCIPLINES TO EXAMINE SOLUTIONS TO THE PROBLEM OF EATING DISORDERS AND MAKE RECOMMENDATIONS FOR FURTHER STATE POLICIES AND PROGRAMS; AND (D) DEVELOP, PROMOTE AND MAKE AVAILABLE TRAINING PROGRAMS FOR MEDICAL AND OTHER HEALTH PROFESSIONALS TO BETTER UNDERSTAND, IDENTIFY AND PROVIDE APPROPRIATE TREATMENT AND/OR REFERRALS OF PATIENTS AND THEIR FAMILIES. 3. THE DEPARTMENT SHALL PERIODICALLY COLLECT AND ANALYZE INFORMATION FROM SCHOOLS, HEALTH AND NUTRITION PROGRAMS, THE COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS AND OTHER SOURCES TO DETERMINE THE PREVA- LENCE OF EATING DISORDERS IN THIS STATE, AND TO EVALUATE, TO THE EXTENT POSSIBLE, THE EFFECTIVENESS OF THE EATING DISORDERS AWARENESS AND PREVENTION PROGRAM AND OTHER STATE PROGRAMS DESIGNED TO ADDRESS EATING DISORDERS. S 2. Subdivision 1 of section 903 of the education law, as separately amended by section 11 of part B of chapter 58 and chapter 281 of the laws of 2007, is amended to read as follows: 1. A health certificate shall be furnished by each student in the public schools upon his or her entrance in such schools and upon his or her entry into the grades prescribed by the commissioner in regulations, provided that such regulations shall require such certificates at least twice during the elementary grades and twice in the secondary grades. An examination and health history of any child may be required by the local school authorities at any time in their discretion to promote the educa- tional interests of such child. Each certificate shall be signed by a duly licensed physician, physician assistant, or nurse practitioner, who is authorized by law to practice in this state, and consistent with any applicable written practice agreement, or by a duly licensed physician, physician assistant, or nurse practitioner, who is authorized to prac- tice in the jurisdiction in which the examination was given, provided that the commissioner has determined that such jurisdiction has stand- ards of licensure and practice comparable to those of New York. Each such certificate shall describe the condition of the student when the examination was made, which shall not be more than twelve months prior to the commencement of the school year in which the examination is required, and shall state whether such student is in a fit condition of health to permit his or her attendance at the public schools. Each such certificate shall also state the student's body mass index (BMI) and weight status category. For purposes of this section, BMI is computed as the weight in kilograms divided by the square of height in meters or the weight in pounds divided by the square of height in inches multi- plied by a conversion factor of 703. Weight status categories for chil- dren and adolescents shall be as defined by the commissioner of health. FURTHERMORE, EACH SUCH CERTIFICATE SHALL INCLUDE AN ASSESSMENT OF THE STUDENT FOR EATING DISORDERS. SUCH ASSESSMENT SHALL BE CONDUCTED PURSU- ANT TO STANDARDS ESTABLISHED BY THE COMMISSIONER OF HEALTH. In all school districts such physician, physician assistant or nurse practi- tioner shall determine whether a one-time test for sickle cell anemia is necessary or desirable and he or she shall conduct such a test and the certificate shall state the results.S. 7386 3
S 3. Subdivision 1 of section 904 of the education law, as amended by section 12 of part B of chapter 58 of the laws of 2007, is amended to read as follows: 1. Each principal of a public school, or his or her designee, shall report to the director of school health services having jurisdiction over such school, the names of all students who have not furnished health certificates as provided in section nine hundred three of this article, or who are children with disabilities, as defined by article eighty-nine of this chapter, and the director of school health services shall cause such students to be separately and carefully examined and tested to ascertain whether any student has defective sight or hearing, AN EATING DISORDER, or any other physical disability which may tend to prevent him or her from receiving the full benefit of school work, or from requiring a modification of such work to prevent injury to the student or from receiving the best educational results. Each examina- tion shall also include a calculation of the student's body mass index (BMI) and weight status category. For purposes of this section, BMI is computed as the weight in kilograms divided by the square of height in meters or the weight in pounds divided by the square of height in inches multiplied by a conversion factor of 703. Weight status categories for children and adolescents shall be as defined by the commissioner of health. In all school districts, such physician, physician assistant or nurse practitioner shall determine whether a one-time test for sickle cell anemia is necessary or desirable and he or she shall conduct such tests and the certificate shall state the results. If it should be ascertained, upon such test or examination, that any of such students have defective sight or hearing, AN EATING DISORDER, or other physical disability, including sickle cell anemia, as above described, the prin- cipal or his or her designee shall notify the parents of, or other persons in parental relation to, the child as to the existence of such disability OR DISORDER. If the parents or other persons in parental relation are unable or unwilling to provide the necessary relief and treatment for such students, such fact shall be reported by the princi- pal or his or her designee to the director of school health services, whose duty it shall be to provide relief for such students. Each school and school district chosen as part of an appropriate sampling methodol- ogy shall participate in surveys directed by the commissioner of health pursuant to the public health law in relation to students' BMI and weight status categories as determined by the examination conducted pursuant to this section and which shall be subject to audit by the commissioner of health. Such surveys shall contain the information required pursuant to this subdivision in relation to students' BMI and weight status categories in aggregate. Parents or other persons in parental relation to a student may refuse to have the student's BMI and weight status category included in such survey. Each school and school district shall provide the commissioner of health with any information, records and reports he or she may require for the purpose of such audit. The BMI and weight status survey and audit as described in this section shall be conducted consistent with confidentiality requirements imposed by federal law. Data collection for such surveys shall commence on a voluntary basis at the beginning of the two thousand seven academic school year, and by all schools chosen as part of the sampling methodol- ogy at the beginning of the two thousand eight academic school year. The department shall also utilize the collected data to develop a report of child obesity and obesity related diseases.S. 7386 4
S 4. This act shall take effect on the ninetieth day after it shall have become a law, except that sections two and three of this act shall take effect on the first of July next succeeding the date on which it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.