Bill Text: NY S08318 | 2017-2018 | 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: (Introduced - Dead) 2018-06-04 - SUBSTITUTED BY A7470 [S08318 Detail]

Download: New_York-2017-S08318-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8318
                    IN SENATE
                                     April 30, 2018
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed 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 (l) to read as follows:
     3    (l) 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 3038 to read
    16  as follows:
    17    §  3038.  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.
                                                                   LBD11157-01-7
        S. 8318                             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.