Bill Text: NY S02721 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires the instruction of students, teachers and coaches in the harmful use of anabolic steroids and human growth hormones by adolescents and provides for the testing of students suspected of using steroids or human growth hormones, upon parental consent.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-23 - REFERRED TO ALCOHOLISM AND DRUG ABUSE [S02721 Detail]
Download: New_York-2013-S02721-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2721
2013-2014 Regular Sessions
I N S E N A T E
January 23, 2013
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the education law, in relation to requiring the instruc-
tion of students, teachers and coaches in the harmful use of anabolic
steroids and human growth hormones by adolescents and providing for
the testing of students suspected of using steroids and hormones, upon
parental consent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 3, 5, 6 and 7 of section 804 of the education
2 law, subdivision 3 as amended by chapter 674 of the laws of 2004 and
3 subdivisions 5, 6 and 7 as added by chapter 982 of the laws of 1977, are
4 amended to read as follows:
5 3. Instruction regarding alcohol, tobacco, ANABOLIC STEROIDS, HUMAN
6 GROWTH HORMONES and other drugs, in addition to continued health guid-
7 ance in the junior high school grades and the senior high schools, shall
8 be an integral part of a required health education course at each of
9 these levels in the secondary schools curriculum. Students shall be
10 required to demonstrate knowledge in the subject area through the use of
11 a test, graded project or report, or any other means prescribed by the
12 school authorities regarding alcohol, drugs, ANABOLIC STEROIDS, HUMAN
13 GROWTH HORMONES and tobacco. Any such course shall be taught by teachers
14 holding a certificate to teach health. Related courses in the secondary
15 school curriculum shall be taught in a manner supportive of health
16 education regarding alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWTH
17 HORMONES and other drugs. In addition, instruction regarding the dangers
18 of driving while under the influence of alcohol or drugs shall be an
19 integral part of a required health education course in the senior high
20 schools. Such instruction shall be provided in all senior high schools
21 whether or not these schools also provide driver education courses.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06051-01-3
S. 2721 2
1 5. School authorities shall provide the needed facilities, time, and
2 place for the instruction set forth herein and shall provide learning
3 aids and curriculum resource materials which contribute to effective
4 teaching methods and learning in health education regarding alcohol,
5 tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs.
6 6. All pre-service training programs in the state for elementary,
7 JUNIOR HIGH AND HIGH SCHOOL teachers shall include adequate preparation
8 regarding the instruction in alcohol, tobacco, ANABOLIC STEROIDS, HUMAN
9 GROWTH HORMONES and other drugs set forth herein, and no teacher shall
10 be licensed except upon satisfactory demonstration of the competencies
11 included in the institutional proposals approved by the [education]
12 department.
13 7. Nothing contained in this section shall be deemed to diminish or
14 impair the duties of the commissioner with respect to the continuing
15 program for critical health problems established by chapter seven
16 hundred eighty-seven of the laws of nineteen hundred sixty-seven as
17 amended. The commissioner shall coordinate actions taken under authority
18 of this section with the provisions of said chapter as they relate to
19 health education in schools, [inservice] IN-SERVICE training and train-
20 ing programs, and curriculum or syllabus development regarding the dele-
21 terious effects resulting from the use, misuse, and abuse of alcohol,
22 tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs.
23 S 2. Paragraph a of subdivision 4 of section 804 of the education law,
24 as amended by chapter 181 of the laws of 2000, is amended to read as
25 follows:
26 a. The commissioner may prescribe in regulations such health education
27 courses which include instruction regarding alcohol, tobacco, ANABOLIC
28 STEROIDS, HUMAN GROWTH HORMONES and other drugs as the commissioner may
29 deem necessary and desirable for the welfare of pupils and the communi-
30 ty. The contents may be varied to meet the needs of particular school
31 districts, or portions thereof, and need not be uniform throughout the
32 state, provided, however, that school districts shall utilize either the
33 curriculum for health education instruction regarding alcohol, tobacco,
34 ANABOLIC STEROIDS, HUMAN GROWN HORMONES and other drugs prescribed by
35 the commissioner or a course approved by the commissioner in accordance
36 with criteria established by the commissioner.
37 S 3. Subdivisions 1 and 2 of section 912-a of the education law, as
38 amended by chapter 477 of the laws of 2004, are amended to read as
39 follows:
40 1. The school authorities of each school district within the state may
41 cause all children attending grades seven through twelve, inclusive, in
42 the public and private schools located within such districts, to be
43 separately and carefully examined in order to ascertain whether any such
44 children are making use of dangerous drugs, INCLUDING ANABOLIC STEROIDS
45 AND HUMAN GROWTH HORMONES.
46 2. Such examination may be made only upon the written request or
47 consent of a parent of, or person in parental relation to, a child. Such
48 examination shall be conducted without notice to the child and shall
49 include the supervised taking of a urine sample which shall be analyzed
50 for such drugs and in accordance with such standards as shall be accept-
51 able to the New York state office of alcoholism and substance abuse
52 services, or its successor agency. The results of such examination shall
53 be promptly forwarded to the school authorities. If it should be ascer-
54 tained, upon such test or examination, that any child is making use of
55 dangerous drugs, INCLUDING ANABOLIC STEROIDS AND HUMAN GROWTH HORMONES,
56 the school authorities shall report same to the social services depart-
S. 2721 3
1 ment for the social services district wherein such school is located and
2 to the parent of, or person in parental relation to, such child together
3 with a statement to such parent or person in parental relation as to
4 available programs and facilities to combat such dangerous drug usage.
5 The local social services department shall be empowered, in an appropri-
6 ate case, to take such action and offer such protective social services
7 as are prescribed by title six of article six of the social services
8 law.
9 S 4. The education law is amended by adding a new section 3001-e to
10 read as follows:
11 S 3001-E. INSTRUCTION MANDATORY FOR COACHES OF EXTRA-CLASS SCHOOL
12 ATHLETIC ACTIVITIES. 1. IN ADDITION TO ANY PROVISION OF LAW OR RULE OR
13 REGULATION OF THE DEPARTMENT RELATED TO THE REQUIREMENTS NECESSARY FOR
14 TEACHERS IN PUBLIC SCHOOLS AND/OR TEACHERS IN NONPUBLIC SCHOOLS, WHETHER
15 CERTIFIED IN PHYSICAL EDUCATION OR NOT, TO COACH ANY EXTRA-CLASS ATHLET-
16 IC ACTIVITY, IT SHALL BE REQUIRED OF ALL SUCH TEACHERS THAT THEY
17 COMPLETE IN-SERVICE TRAINING IN THE DELETERIOUS EFFECTS RESULTING FROM
18 THE USE, MISUSE, AND ABUSE OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES
19 AND PERFORMANCE-ENHANCING DIETARY SUPPLEMENTS BY ADOLESCENTS TO EXPEDITE
20 THE PHYSICAL DEVELOPMENT AND ENHANCE THE PERFORMANCE LEVEL OF SECONDARY
21 SCHOOL ATHLETES.
22 2. THROUGHOUT THE SPORTS SEASON, EACH COACH SHALL INSTRUCT THE
23 STUDENTS HE OR SHE COACHES AS TO THE HARMFUL EFFECTS ASSOCIATED WITH THE
24 USE OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES AND PERFORMANCE-ENHANC-
25 ING DIETARY SUPPLEMENTS, SUCH INSTRUCTION TO BE IN A MANNER SUPPORTIVE
26 OF RELATED COURSES IN THE SECONDARY SCHOOL CURRICULUM INCLUDING COURSES
27 IN HEALTH EDUCATION. EACH COACH SHALL ENCOURAGE STUDENTS TO AVOID THE
28 USE OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES AND PERFORMANCE-ENHANC-
29 ING DIETARY SUPPLEMENTS AND TO ADOPT PROPER NUTRITION AND TRAINING
30 PROGRAMS.
31 3. IN THE EVENT THAT A COACH BECOMES AWARE OF THE USE OF ANABOLIC
32 STEROIDS OR HUMAN GROWTH HORMONES BY A STUDENT, WHICH USE IS NOT PURSU-
33 ANT TO TREATMENT BY A LICENSED HEALTH CARE PRACTITIONER, THE COACH SHALL
34 REPORT SUCH USE TO THE SCHOOL AUTHORITIES, WHO SHALL IMMEDIATELY CONTACT
35 THE PARENT OF, OR PERSON IN PARENTAL RELATION TO, THE STUDENT.
36 4. EACH PUPIL PARTICIPATING IN INTERSCHOLASTIC HIGH SCHOOL SPORTS
37 SHALL SIGN A PLEDGE NOT TO USE ANABOLIC STEROIDS OR HUMAN GROWTH
38 HORMONES, AS DEFINED IN SECTION 802 OF TITLE 21 OF THE UNITED STATES
39 CODE, WITHOUT A PRESCRIPTION FROM A LICENSED HEALTH CARE PRACTITIONER.
40 S 5. This act shall take effect on the one hundred twentieth day after
41 it shall have become a law; provided, however, that effective immediate-
42 ly, the addition, amendment or repeal of any rule or regulation neces-
43 sary for the implementation of this act on its effective date are
44 authorized and directed to be made and completed on or before such
45 effective date.
