 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4135
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2019
                                       ___________
 
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Education
 
        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:

     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 57 to read as follows:
     3    57.  a. For purposes of this subdivision, "student athlete" shall mean
     4  any student participating in supervised sporting activities organized or
     5  sponsored by a public or private school, or an organization, association
     6  or group organized and functioning, in whole or in part, for the purpose
     7  of providing youth with the opportunity  to  participate  in  supervised
     8  sporting activities.
     9    b.  The  commissioner  shall, in consultation with the commissioner of
    10  health, promulgate regulations and guidelines requiring student athletes
    11  to receive preventative  cardiac  screening  to  detect  conditions  and
    12  defects which may lead to illness, injury or death as a result of stren-
    13  uous physical activity.
    14    c.  Such  regulations  shall  include  a  provision  requiring student
    15  athletes in grades nine through twelve to be subject to a   pre-partici-
    16  pation  physical  evaluation  which shall include a preventative cardiac
    17  screening before being allowed to participate in  an  athletic  activity
    18  sponsored  by  or  sanctioned by any public or private high school. Such
    19  preventative cardiac screening must be satisfied through an  electrocar-
    20  diogram  examination.  An  electrocardiogram may be obtained through any
    21  appropriately licensed or certified healthcare professional.  The  elec-
    22  trocardiogram must be administered:
    23    (i)  before  the  student's  first year of participation in any school
    24  sponsored athletic activity; and
    25    (ii) before the student's third year of participation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08088-01-9

        A. 4135                             2
 
     1    d. Regulations or guidelines established by the commissioner  pursuant
     2  to  this  subdivision  may  be  based on the most current edition of the
     3  nationally recognized Pre-Participation  Physical  Evaluation  Question-
     4  naire,  provided that such questionnaire shall include an electrocardio-
     5  gram and a heart history subsection for the student-athlete.
     6    e.  Nothing  within  this  subdivision  shall  be construed to create,
     7  establish, expand, reduce, contract or eliminate a cause  of  action  or
     8  liability  against  an  appropriately  licensed  or certified healthcare
     9  professional, a school district, or a district officer or  employee  for
    10  the  injury  or death of a student participating in or practicing for an
    11  athletic activity sponsored or sanctioned by a public  or  private  high
    12  school  based  on or in connection with the administration or evaluation
    13  of or reliance on an electrocardiogram.
    14    f. Regulations adopted under paragraph b  of  this  subdivision  shall
    15  include  a rule for granting a waiver from administration of an electro-
    16  cardiogram under this section to a student  athlete  in  response  to  a
    17  written  request  from the parent or guardian claiming a financial hard-
    18  ship or for religious reasons.
    19    g. The commissioner shall determine the specific  types  of  screening
    20  which  shall be required pursuant to this subdivision including, but not
    21  limited  to,  advanced  screening  for  the  diagnosis  of  hypertrophic
    22  cardiomyopathy.
    23    § 2. This act shall take effect immediately.
Requires cardiac screening of student athletes

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