N.Y. Education Law § 3220: Certificate of physical fitness

* § 3220. Certificate of physical fitness. 1. A certificate of

physical fitness shall be issued to a minor if a thorough physical

examination made within twelve months of his or her application for an

employment certificate shows that such minor is of sound health, and if

there are no known health problems at the time of issuance of the

certificate, and if the applicant is physically qualified for lawful

employment. If a known health problem exists at the time of the

application for such certificate, another examination may be required by

the issuing authority. Such certificate shall be issued and such

physical examination shall be made, in a city of over three hundred

thousand population, by a physician designated by the board of health,

and elsewhere by the director of school health services charged with the

duty of making physical examinations of all school children or by any

physician duly licensed to practice medicine in this state. A new

certificate of physical fitness shall not be required if one had been

issued to the minor within twelve months.

2. If the physician authorized to issue certificates of physical

fitness shall find that a minor from fourteen to eighteen years of age

is not physically sound but that in the physician's opinion the minor

may safely engage in certain occupations as specified by the regulations

of the commissioner of education, the physician shall require a pledge

of employment and may issue to the minor a certificate of limited

physical fitness, and shall describe therein the physical disability of

the minor and shall indicate the particular employer and the occupation

in which the minor may engage. A limited employment certificate issued

to a minor from fourteen to eighteen years of age who has presented a

certificate of limited physical fitness shall be valid for not more than

six months from the date of its issuance and shall bear on the face of

the certificate the date of its expiration and the particular employer

and occupation to which the employment of the minor is limited;

provided, however, that the examining physician may indicate upon the

certificate of limited physical fitness that the physical disability of

the minor is of a permanent nature, in which case such certificate shall

not expire at the end of six months but shall remain valid for so long

as the nature and type of work set forth in the pledge of employment

remain substantially the same.

3. A record made of the physical examination shall show whether a

certificate of physical fitness has been issued or withheld. Such record

shall be sent to the certificating official.

4. A certificate of physical fitness issued in another state to a

minor seeking employment in this state may be accepted in lieu of the

certificate of physical fitness required by subdivision one of this

section, provided the standards for issuing such certificates in the

other state are deemed substantially equivalent to those of this state

in accordance with regulations adopted by the commissioner of education.

* NB Repealed May 9, 2027