Bill Text: NY A10472 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the preparation of educational materials relating to substance abuse among students and designating employees to provide information regarding substance abuse to students, parents and staff.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-06-14 - REFERRED TO RULES [A10472 Detail]

Download: New_York-2015-A10472-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10472
                   IN ASSEMBLY
                                      May 27, 2016
                                       ___________
        Introduced by M. of A. DAVILA -- read once and referred to the Committee
          on Alcoholism and Drug Abuse
        AN  ACT  to amend the mental hygiene law, in relation to the preparation
          of educational materials relating to substance abuse  among  students;
          and  to  amend  the  education  law, in relation to the designation of
          employees  to  provide  information  regarding  substance   abuse   to
          students, parents and staff
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 19.07 of the  mental  hygiene  law  is  amended  by
     2  adding a new subdivision (m) to read as follows:
     3    (m)  The office of alcoholism and substance abuse services, in consul-
     4  tation with the state education department,  shall  develop  or  utilize
     5  existing  educational  materials  to be provided to school districts and
     6  boards of cooperative educational services for use in addition to or  in
     7  conjunction  with  any drug and alcohol related curriculum regarding the
     8  misuse and abuse of alcohol, tobacco, prescription medication and  other
     9  drugs  with  an  increased  focus  on substances that are most prevalent
    10  among school aged youth as such term is defined in section eight hundred
    11  four of the education law. Such materials shall be age  appropriate  for
    12  school age children, and to the extent practicable, shall include infor-
    13  mation  or  resources  for  parents  to  identify  the warning signs and
    14  address the risks of substance abuse.
    15    § 2. The education law is amended by adding a new section 3037 to read
    16  as follows:
    17    § 3037. The superintendent of each school  district,  in  consultation
    18  with  the  district superintendent of a board of cooperative educational
    19  services, where applicable, shall designate an employee who is a  member
    20  of  the school district staff or an employee of the board of cooperative
    21  educational services  staff  to  provide  information  to  any  student,
    22  parent, or staff regarding where and how to find available substance use
    23  related services.  Where possible, such designated individual shall be a
    24  school  social  worker,  school  guidance counselor, or any other health
    25  practitioner or  counselor  employed  by  the  school.  Any  information
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14934-02-6
        A. 10472                            2
     1  provided  by  a student, parent or teacher to such designated individual
     2  shall be confidential, shall not be  used  in  any  school  disciplinary
     3  proceeding  and shall, in addition to any other applicable privilege, be
     4  considered  confidential  in  the  same  manner  as information provided
     5  pursuant to section forty-five hundred eight of the civil  practice  law
     6  and rules. Provided, however, that nothing in this section shall relieve
     7  such  designated  individual  of any legal duty to otherwise report such
     8  information. Such designated individual or individuals shall undergo any
     9  necessary training as may be required by the commissioner.
    10    § 3. This act shall take effect on the one hundred twentieth day after
    11  it shall have become law; provided, however, that effective  immediately
    12  the  commissioner of education, in consultation with the commissioner of
    13  the office of alcoholism and substance abuse services, shall be  author-
    14  ized  to adopt regulations necessary to implement the provisions of this
    15  act on or before such effective date.