2011 Montana Legislature
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SENATE BILL NO. 25
INTRODUCED BY C. KAUFMANN
BY REQUEST OF THE CHILDREN, FAMILIES, HEALTH, AND HUMAN SERVICES INTERIM COMMITTEE
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE MONITORING OF CHILDHOOD BODY MASS INDEX TRENDS AT THE STATE LEVEL; PROVIDING FOR COORDINATION BETWEEN THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, THE OFFICE OF PUBLIC INSTRUCTION, LOCAL AND TRIBAL PUBLIC HEALTH AGENCIES, AND SCHOOL DISTRICTS TO ACCOMPLISH THE MONITORING; PROVIDING FOR DISCRETIONARY BODY MASS INDEX MEASURING AND AGGREGATE REPORTING BY LOCAL AND TRIBAL PUBLIC HEALTH AGENCIES AND SCHOOL DISTRICTS; PROVIDING A PARENT OPT-OUT PROVISION; DEVELOPING PROCEDURES FOR THE GATHERING AND ACCEPTANCE OF AGGREGATE BODY MASS INDEX DATA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
WHEREAS, the U.S. Surgeon General has called obesity "the greatest threat to public health today"; and
WHEREAS, being overweight or obese can lead to chronic health problems such as type 2 diabetes and cardiovascular disease; and
WHEREAS, obesity rates among U.S. school-aged children have tripled in the past two decades; and
WHEREAS, children who are overweight or obese may suffer lower academic performance as a consequence; and
WHEREAS, being overweight or obese at a young age greatly increases the likelihood of obesity and related disease throughout adulthood; and
WHEREAS, measuring and monitoring the number of Montana children who are overweight or obese is an important first step in addressing this national and state crisis and can be accomplished using the measuring tool known as body mass index.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. As used in [sections 1 through 3], the following definitions apply:
(1) "Aggregate body mass index data" means the total of all body mass screening data gathered during a specified period of time.
(2) "Body mass index" means an approved assessment method for determining a healthy weight range based on a child's height, age, and gender.
NEW SECTION. Section 2. Department to accept and analyze aggregate body mass index data. (1) The department, in coordination with the office of public instruction, is authorized to accept aggregate body mass index data from local public health agencies, tribal public health agencies under 50-1-106, and school districts as defined in 20-6-101 to be used in statewide reports to analyze state-level trends regarding childhood obesity.
(2) The department shall develop a procedure for accepting aggregate body mass index data, including but not limited to:
(a) the criteria for the age or grade level of the school-based population to be monitored;
(b) the protocols for taking accurate body mass index measurements;
(c) the provision of standards for maintaining confidentiality and for accurate and sensitive measuring and recording of local aggregate body mass index data;
(d) the provision of standards for collecting local aggregrate body mass index data; and
(e) the provision of individual parent options for nonparticipation in the aggregate body mass index assessment process.
(3) The department shall determine at least biennially the amount and type of local aggregate body mass index data necessary to conduct state-level analysis of trends regarding childhood obesity.
(4) The department may reject local aggregate body mass index data for failure of reporting jurisdictions to follow the procedure set forth in subsection (2).
NEW SECTION. Section 3. Reporting. (1) Local and tribal public health agencies and school districts may submit to the department aggregate body mass index data using the procedure developed by the department pursuant to [section 2].
(2) The department shall report the state-level analysis of aggregate body mass index data to the participating local and tribal public health agencies and school districts and to any member of the public who requests the analysis.
NEW SECTION. Section 4. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell Chippewa tribe.
NEW SECTION. Section 5. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 50, chapter 1, and the provisions of Title 50, chapter 1, apply to [sections 1 through 3].
NEW SECTION. Section 6. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 25 (SB0025.01)
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