senate Bill S2470

Provides for random testing for anabolic steroids in athletes in public and private schools; appropriation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Provides for random testing for anabolic steroids in athletes in public and private schools; appropriates $1,000,000 therefor.

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Bill Details

See Assembly Version of this Bill:
A5423
Versions:
S2470
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Add Art 20 §§949 - 957, amd §3641, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6098, A8930, S6098
2009-2010: S619, S6328, A5871, S619, S6328
2007-2008: A9615A, A9615A, A9839A

Sponsor Memo

BILL NUMBER:S2470 REVISED 1/29/13

TITLE OF BILL: An act to amend the education law, in relation to random
testing for anabolic steroids in athletes in public and private schools;
and making an appropriation therefor

PURPOSE: This bill provides for random testing for anabolic steroids in
athletes in public and private schools.

SUMMARY OF PROVISIONS:

Section 1. The education law is amended by adding a new article 20 to
Section 949 stating the Legislative intent. Section 950 defines "confir-
matory test, confirmatory retest, drug, drug testing, drug test, initial
screening test, positive test result, random selection basis, reasonable
suspicion, school authorities, and student athlete. Section 951 relates
to required drug testing. Section 952 relates to schools authority poli-
cy contents. Section 953 relates to reliability and fairness safeguards.
Section 954 describes disciplinary actions. Section 955 relates to
privacy, confidentiality and privilege safeguards. Section 956 describes
the required educational Programs. Section 957 describes how the infor-
mation will be reported.

Section 2. Section 3641 of the education law is amended by adding a new
subdivision 16.

Section 3. The sum of one million dollars, or so much thereof as may be
necessary, is hereby appropriated to the education department out of any
moneys in the state treasury in the general fund to the credit of the
local assistance account, not otherwise appropriated, and made imme-
diately available for the purpose of carrying out the provisions of
subdivision 16 of section 3541 of the education law.

Section 4. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided however, that any rules and
regulations necessary for the timely implementation of this act on its
effective date are authorized and directed to be promulgated on or
before such date; provided, further that section two and three of this
act shall take effect on the first of July next succeeding the date on
which it shall have become a law.

JUSTIFICATION: This legislation, which is similar to a bill passed in
the Texas Legislature, will require athletes to agree not to use illegal
steroids and submit to random testing if selected. The latest survey
from the Centers for Disease Control states that at least 700,000 high
school students use steroids. Steroid use is a growing problem, posing
serious health threats to high school athletes. Educating youth about
the harmful physical and emotional consequences of steroids is a step in
the right direction, but a further process must ensue. There needs to be
a strong deterrence from student athletes using these harmful drugs.
For the safety and well being of all students, especially student

athletes, random anabolic steroid testing procedures is an effective way
to encourage athletes to respect their bodies and maintain healthy, drug
free lives. Thirty percent of the public and private high schools in New
York State will be required to drug test their students, and at least
three percent of the students in each chosen school must undergo the
testing. An athlete under the influence of anabolic steroids has the
ability to cause serious injury to both themselves as well as others.
Local school districts and private schools have the responsibility of
doing what is necessary to protect student athletes and to provide a
level playing field of competition.

LEGISLATIVE HISTORY: 2012: S.6098 - Referred to Finance/A.8930 -
Referred to Education. 2010: S.619- Referred to Education/A.5871 -
Referred to Education. 2009: S.619- Referred to Education/A.S871 -
Referred to Education. 2008: S.6769 - Passed Senate A.9839 - Referred
to Education.

FISCAL IMPLICATIONS: Provides for an appropriation of $1 million to
implement provisions of bill.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth
day after it shall have become a law; provided however, that any rules
and regulations necessary for the timely implementation of this act on
its effective date are authorized and directed to be promulgated on or
before such date; provided, further that section two and three of this
act shall take effect on the first of July next succeeding the date on
which it shall have become a law,

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2470

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the education law, in relation  to  random  testing  for
  anabolic  steroids  in  athletes  in  public  and private schools; and
  making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The education law is amended by adding a new article 20 to
read as follows:
                                ARTICLE 20
   ANABOLIC STEROID TESTING FOR ATHLETES IN PUBLIC AND PRIVATE SCHOOLS
SECTION 949. LEGISLATIVE INTENT.
        950. DEFINITIONS.
        951. REQUIRED DRUG TESTING.
        952. SCHOOL AUTHORITY POLICY CONTENTS; PRIOR WRITTEN NOTICE.
        953. RELIABILITY AND FAIRNESS SAFEGUARDS.
        954. DISCIPLINARY ACTIONS.
        955. PRIVACY, CONFIDENTIALITY AND PRIVILEGE SAFEGUARDS.
        956. REQUIRED EDUCATIONAL PROGRAMS.
        957. REPORTING.
  S 949. LEGISLATIVE INTENT. THIS ARTICLE  REQUIRES  THE  DEPARTMENT  TO
PROMULGATE  RULES  AND REGULATIONS WHICH SHALL BE USED AS GUIDELINES FOR
PUBLIC AND PRIVATE SCHOOLS THAT ARE REQUIRED TO  INSTITUTE  AN  ANABOLIC
STEROID TESTING PROGRAM FOR THEIR ATHLETES.
  AT  THE  PRESENT TIME, THIS STATE HAS NO REGULATIONS OR GUIDELINES FOR
SCHOOL DISTRICTS OR PRIVATE SCHOOLS TO  ESTABLISH  AN  ANABOLIC  STEROID
TESTING  PROGRAM.  THE DEPARTMENT IS DIRECTED TO ESTABLISH GUIDELINES TO
BE USED IN A UNIFORM MANNER.
  EFFORTS TO STOP THE ABUSE OF ANABOLIC STEROIDS AT THE GRASSROOTS LEVEL
IS EXPECTED TO BE ACCOMPLISHED WITH LOCAL SCHOOL PARTICIPATION.    EARLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05536-01-3

S. 2470                             2

DETECTION  AND  INTERVENTION MEASURES TO COMPLEMENT EXISTING DRUG EDUCA-
TIONAL PROGRAMS ARE INSTRUMENTAL IN THIS EFFORT.
  FOR  THE  SAFETY  AND  WELL-BEING OF ALL STUDENTS, STUDENT ATHLETES IN
PARTICULAR, MEASURES SHOULD  BE  IN  PLACE  TO  PREVENT  INJURY  TO  THE
ATHLETE,  TEAMMATES AND/OR OPPOSING COMPETITORS. A RANDOM ANABOLIC STER-
OID TESTING PROCEDURE IS A NATURAL EXTENSION OF THE EDUCATIONAL PROGRAMS
DESIGNED TO ENCOURAGE ATHLETES TO  RESPECT  THEIR  BODIES  AND  MAINTAIN
HEALTHY, DRUG FREE LIVES.
  AN ATHLETE UNDER THE INFLUENCE OF ANABOLIC STEROIDS HAS THE ABILITY TO
CAUSE  SERIOUS  INJURY  TO  HIMSELF  OR HERSELF AND OTHERS. LOCAL SCHOOL
DISTRICTS AND PRIVATE SCHOOLS HAVE THE RESPONSIBILITY OF DOING  WHAT  IS
NECESSARY  TO  PROTECT  STUDENT  ATHLETES AND TO PROVIDE A LEVEL PLAYING
FIELD OF COMPETITION.
  S 950. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  TERMS  AND
PHRASES DEFINED IN THIS SECTION HAVE THE FOLLOWING MEANINGS:
  1. "CONFIRMATORY TEST" AND "CONFIRMATORY RETEST" MEAN A DRUG TEST THAT
USES A METHOD OF ANALYSIS APPROVED BY THE COMMISSIONER UNDER SUBDIVISION
ONE  OF SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE AS BEING RELIABLE
FOR PROVIDING SPECIFIC  DATA  AS  TO  THE  DRUGS  OR  THEIR  METABOLITES
DETECTED IN AN INITIAL SCREENING TEST.
  2.  "DRUG"  MEANS AN ANABOLIC STEROID AS DEFINED IN SUBDIVISION (H) OF
SCHEDULE II OF SECTION THIRTY-THREE HUNDRED SIX  OF  THE  PUBLIC  HEALTH
LAW.
  3.  "DRUG  TESTING"  AND "DRUG TEST" MEAN ANALYSIS OF A BODY COMPONENT
SAMPLE APPROVED BY THE COMMISSIONER UNDER  SUBDIVISION  ONE  OF  SECTION
NINE  HUNDRED FIFTY-ONE OF THIS ARTICLE FOR THE PURPOSE OF MEASURING THE
PRESENCE OR ABSENCE OF DRUGS OR THEIR METABOLITES IN THE SAMPLE TESTED.
  4. "INITIAL SCREENING TEST" MEANS A DRUG TEST WHICH USES A  METHOD  OF
ANALYSIS  APPROVED  BY THE COMMISSIONER UNDER SUBDIVISION ONE OF SECTION
NINE HUNDRED FIFTY-ONE OF THIS ARTICLE AS  BEING  CAPABLE  OF  PROVIDING
DATA AS TO GENERAL CLASSES OF DRUGS OR THEIR METABOLITES.
  5. "POSITIVE TEST RESULT" MEANS A FINDING OF THE PRESENCE OF DRUGS, OR
THEIR METABOLITES IN THE SAMPLE TESTED IN LEVELS AT OR ABOVE THE THRESH-
OLD  DETECTION  LEVELS  SET BY THE COMMISSIONER UNDER SUBDIVISION ONE OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE.
  6. "RANDOM SELECTION BASIS" MEANS A MECHANISM, DESIGNED BY THE DEPART-
MENT, FOR SELECTION OF STUDENT ATHLETES THAT (A)  RESULTS  IN  AN  EQUAL
PROBABILITY  THAT  ANY PUPIL FROM A GROUP OF STUDENT ATHLETES SUBJECT TO
THE SELECTION MECHANISM WILL BE SELECTED AND (B) DOES  NOT  GIVE  SCHOOL
AUTHORITIES  DISCRETION  TO  WAIVE  THE SELECTION OF ANY STUDENT ATHLETE
SELECTED UNDER THE MECHANISM UNLESS THE STUDENT  HAS  PRODUCED  EVIDENCE
THAT  HE  OR  SHE IS TAKING A DRUG UNDER PRESCRIPTION BY A DULY LICENSED
PHYSICIAN.
  7. "REASONABLE SUSPICION" MEANS A BASIS FOR FORMING A BELIEF BASED  ON
SPECIFIC FACTS AND RATIONAL INFERENCES DRAWN FROM THOSE FACTS.
  8.  "SCHOOL  AUTHORITIES"  MEANS  THE ATHLETIC DIRECTOR OF EACH PUBLIC
SCHOOL DISTRICT AND EACH PRIVATE SCHOOL IN THE STATE, AND THE  COACH  OF
THE TEAM ON WHICH A STUDENT ATHLETE PARTICIPATES.
  9.  "STUDENT ATHLETE" MEANS ANY CHILD IN THE PUBLIC OR PRIVATE SCHOOLS
OF THIS STATE ATTENDING GRADES NINE THROUGH TWELVE,  INCLUSIVE,  PARTIC-
IPATING  IN  ANY  INTERSCHOLASTIC ATHLETIC COMPETITION, INCLUDING CHEER-
LEADING.
  S 951. REQUIRED DRUG TESTING. 1. (A) THE DEPARTMENT SHALL BY RULE  AND
REGULATION ESTABLISH GUIDELINES FOR SCHOOL AUTHORITIES WHO ARE CHOSEN TO
CONDUCT  TESTING OF STUDENT ATHLETES UNDER THIS ARTICLE. SUCH GUIDELINES
SHALL INCLUDE BUT NOT BE LIMITED TO THE REQUIREMENTS  OF  THIS  ARTICLE.

S. 2470                             3

THE  DEPARTMENT  IS  REQUIRED TO CHOOSE THIRTY PERCENT OF THE PUBLIC AND
PRIVATE HIGH SCHOOLS IN THE STATE FOR SUCH DRUG TESTING,  AND  AT  LEAST
THREE  PERCENT  OF  THE STUDENTS IN EACH CHOSEN SCHOOL SHALL UNDERGO THE
TESTING.    SCHOOLS  REQUIRED  TO  DO THE TESTING SHALL BE CHOSEN BY THE
COMMISSIONER.
  (B) SCHOOL AUTHORITIES SHALL NOT REQUEST A STUDENT ATHLETE TO  UNDERGO
DRUG TESTING EXCEPT AS AUTHORIZED IN THIS SECTION.
  (C)  SCHOOL AUTHORITIES SHALL NOT REQUEST A STUDENT ATHLETE TO UNDERGO
TESTING UNLESS THE TESTING IS DONE PURSUANT TO A  WRITTEN  DRUG  TESTING
POLICY  THAT  CONTAINS  THE MINIMUM INFORMATION REQUIRED IN SECTION NINE
HUNDRED FIFTY-TWO OF THIS ARTICLE.
  2. (A) THE RULES AND REGULATIONS SHALL PROVIDE THAT A STUDENT MAY  NOT
PARTICIPATE  IN ATHLETIC COMPETITION SPONSORED OR SANCTIONED BY A PUBLIC
OR PRIVATE SCHOOL UNLESS THE STUDENT AGREES NOT TO  USE  ANABOLIC  STER-
OIDS,  AND  THE  STUDENT  SUBMITS  TO RANDOM TESTING FOR THE PRESENCE OF
ILLEGAL ANABOLIC STEROIDS IN THE STUDENT'S BODY, AND
  (B) THE PUBLIC OR PRIVATE SCHOOL OBTAINS FROM THE PARENT  OR  GUARDIAN
OF THE STUDENT A STATEMENT SIGNED BY THE PARENT AND ACKNOWLEDGING THAT:
  (I) STATE LAW PROHIBITS POSSESSING, DISPENSING, DELIVERING OR ADMINIS-
TERING AN ANABOLIC STEROID IN A MANNER NOT ALLOWED BY STATE LAW;
  (II)  STATE LAW PROVIDES THAT BODYBUILDING, MUSCLE ENHANCEMENT, OR THE
INCREASE OF MUSCLE BULK OR STRENGTH THROUGH THE USE OF AN ANABOLIC STER-
OID BY A PERSON IN GOOD HEALTH IS NOT A VALID MEDICAL PURPOSE;
  (III) ONLY A MEDICAL DOCTOR MAY PRESCRIBE AN ANABOLIC  STEROID  FOR  A
PERSON; AND
  (IV) A VIOLATION OF STATE LAW CONCERNING ANABOLIC STEROIDS IS A CRIMI-
NAL OFFENSE PUNISHABLE BY IMPRISONMENT.
  3. SCHOOL AUTHORITIES MAY REQUIRE A STUDENT ATHLETE TO UNDERGO TESTING
AS PART OF AN ANNUAL ROUTINE PHYSICAL EXAMINATION.
  4.  IN  ADDITION,  SCHOOL AUTHORITIES MAY REQUIRE A STUDENT ATHLETE TO
UNDERGO TESTING ON A RANDOM SELECTION BASIS THROUGHOUT THE  SCHOOL  YEAR
AND  IN  CIRCUMSTANCES  WHERE  THE  SCHOOL AUTHORITIES HAVE A REASONABLE
SUSPICION THAT THE STUDENT ATHLETE:
  (A) IS UNDER THE INFLUENCE OF ANABOLIC STEROIDS; OR
  (B) HAS VIOLATED THE SCHOOL AUTHORITIES' RULES  PROHIBITING  THE  USE,
POSSESSION,  SALE  OR  TRANSFER  OF  ANABOLIC STEROIDS WHILE THE STUDENT
ATHLETE IS IN SCHOOL OR ON SCHOOL PROPERTY, PROVIDED THE  RULES  ARE  IN
WRITING  AND CONTAINED IN THE DRUG TESTING POLICY OF THE SCHOOL AUTHORI-
TIES.
  5. SCHOOL AUTHORITIES MAY REQUIRE A PUPIL TO UNDERGO  TESTING  WITHOUT
PRIOR  NOTICE IF THE STUDENT ATHLETE PREVIOUSLY HAS BEEN REFERRED BY THE
SCHOOL AUTHORITIES FOR CHEMICAL DEPENDENCY TREATMENT OR  EVALUATION,  OR
IS PARTICIPATING IN A CHEMICAL DEPENDENCY TREATMENT PROGRAM UNDER A PLAN
OF THE SCHOOL AUTHORITIES.
  6.  SCHOOL  AUTHORITIES  SHALL  NOT  CONDUCT  TESTING  OF  ITS STUDENT
ATHLETES USING A TESTING LABORATORY OWNED AND OPERATED  BY  SUCH  SCHOOL
AUTHORITIES.  EXCEPT  AS  PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION,
SCHOOL AUTHORITIES SHALL NOT REQUEST OR REQUIRE  A  STUDENT  ATHLETE  TO
CONTRIBUTE TO OR PAY THE COST OF TESTING UNDER THIS ARTICLE.
  7. (A) WITHIN THREE SCHOOL DAYS AFTER NOTICE OF A POSITIVE TEST RESULT
ON  A  CONFIRMATORY TEST, STUDENT ATHLETES MAY SUBMIT INFORMATION TO THE
SCHOOL AUTHORITIES, IN ADDITION TO  ANY  INFORMATION  ALREADY  SUBMITTED
UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION NINE HUNDRED FIFTY-TWO
OF  THIS  ARTICLE, TO EXPLAIN THAT RESULT, OR MAY REQUEST A CONFIRMATORY
RETEST OF THE ORIGINAL SAMPLE AT THE STUDENT ATHLETE'S OWN EXPENSE.

S. 2470                             4

  (B) WITHIN THREE SCHOOL DAYS AFTER RECEIPT OF  A  TEST  RESULT  REPORT
FROM  THE TESTING LABORATORY, SCHOOL AUTHORITIES SHALL INFORM IN WRITING
A STUDENT ATHLETE WHO HAS UNDERGONE DRUG TESTING OF  THE  RESULTS  OF  A
POSITIVE  TEST  AND  INFORM THE STUDENT ATHLETE IN WRITING OF THE RIGHTS
PROVIDED IN THIS ARTICLE.
  8. A STUDENT ATHLETE MAY REQUEST A CONFIRMATORY RETEST OF THE ORIGINAL
SAMPLE  AT  THE STUDENT ATHLETE'S OWN EXPENSE AFTER NOTICE OF A POSITIVE
TEST RESULT ON A CONFIRMATORY  TEST.  WITHIN  FIVE  WORKING  DAYS  AFTER
NOTICE OF THE CONFIRMATORY TEST RESULT, THE STUDENT ATHLETE SHALL NOTIFY
THE  SCHOOL  AUTHORITIES IN WRITING OF THE PUPIL'S INTENTION TO OBTAIN A
CONFIRMATORY RETEST. WITHIN THREE WORKING  DAYS  AFTER  RECEIPT  OF  THE
NOTICE, THE SCHOOL AUTHORITIES SHALL NOTIFY THE ORIGINAL TESTING LABORA-
TORY  THAT  THE  STUDENT ATHLETE HAS REQUESTED THE LABORATORY TO CONDUCT
THE CONFIRMATORY RETEST OR TRANSFER THE  SAMPLE  TO  ANOTHER  LABORATORY
LICENSED  TO  CONDUCT  THE  CONFIRMATORY RETEST. THE CONFIRMATORY RETEST
SHALL USE THE SAME DRUG  THRESHOLD  DETECTION  LEVELS  AS  USED  IN  THE
ORIGINAL  CONFIRMATORY TEST. IF THE CONFIRMATORY RETEST DOES NOT CONFIRM
THE ORIGINAL POSITIVE TEST  RESULT,  NO  ADVERSE  ACTION  BASED  ON  THE
ORIGINAL CONFIRMATORY TEST SHALL BE TAKEN AGAINST THE STUDENT ATHLETE.
  9.  A  STUDENT  ATHLETE  HAS THE RIGHT TO REQUEST AND RECEIVE FROM THE
SCHOOL AUTHORITIES A COPY OF THE TEST RESULT REPORT ON ANY TEST.
  S 952. SCHOOL AUTHORITY POLICY CONTENTS; PRIOR WRITTEN NOTICE. 1.  THE
DRUG  TESTING  POLICY  OF  SCHOOL  AUTHORITIES  SHALL CONFORM TO WRITTEN
GUIDELINES PROMULGATED BY THE DEPARTMENT AND SHALL, AT  A  MINIMUM,  SET
FORTH THE FOLLOWING INFORMATION:
  (A) THE STUDENT ATHLETES SUBJECT TO TESTING UNDER THE POLICY;
  (B) THE CIRCUMSTANCES UNDER WHICH TESTING IS REQUIRED;
  (C)  PROVISION  FOR  A  STUDENT  TO EXPLAIN THE FACT THAT HE OR SHE IS
TAKING AN ANABOLIC STEROID UNDER PRESCRIPTION BY A DULY LICENSED  PHYSI-
CIAN;
  (D)  THE  CONSEQUENCES  OF  REFUSAL  OF  A  STUDENT ATHLETE TO UNDERGO
ANABOLIC STEROID DRUG TESTING;
  (E) ANY DISCIPLINARY OR OTHER ADVERSE ACTION THAT MAY BE  TAKEN  BASED
ON  A  CONFIRMATORY  TEST VERIFYING A POSITIVE TEST RESULT ON AN INITIAL
SCREENING TEST, INCLUDING, BUT  NOT  LIMITED  TO,  DENYING  THE  STUDENT
ATHLETE THE PRIVILEGE OF PARTICIPATING IN INTERSCHOLASTIC ATHLETICS;
  (F)  THE  RIGHT OF A STUDENT ATHLETE TO EXPLAIN A POSITIVE TEST RESULT
ON A CONFIRMATORY TEST OR REQUEST AND PAY FOR A CONFIRMATORY RETEST; AND
  (G) ANY APPEAL PROCEDURES AVAILABLE.
  2. SCHOOL AUTHORITIES SHALL PROVIDE  WRITTEN  NOTICE  OF  ITS  TESTING
POLICY  TO  ALL AFFECTED STUDENT ATHLETES AND THEIR PARENTS OR GUARDIANS
UPON ADOPTION OF THE POLICY AND AT THE BEGINNING OF  EACH  SCHOOL  YEAR.
SCHOOL AUTHORITIES SHALL ALSO POST NOTICE IN AN APPROPRIATE AND CONSPIC-
UOUS  LOCATION  ON THE PUBLIC OR PRIVATE SCHOOL PREMISES THAT THE PUBLIC
OR PRIVATE SCHOOL HAS ADOPTED A DRUG TESTING POLICY AND THAT  COPIES  OF
THE POLICY ARE AVAILABLE FOR INSPECTION DURING REGULAR SCHOOL HOURS.
  S  953.  RELIABILITY  AND  FAIRNESS SAFEGUARDS. SCHOOL AUTHORITIES WHO
REQUEST OR REQUIRE A STUDENT ATHLETE TO UNDERGO TESTING  SHALL  USE  THE
SERVICES  OF  A  LICENSED  TESTING LABORATORY WITH CURRENT CERTIFICATION
FROM THE SUBSTANCE ABUSE AND MENTAL HEALTH  SERVICES  ADMINISTRATION  OF
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
  S   954.   DISCIPLINARY  ACTIONS.  1.  SCHOOL  AUTHORITIES  SHALL  NOT
DISCHARGE, DISCIPLINE, DISCRIMINATE AGAINST OR REQUEST OR REQUIRE  REHA-
BILITATION  OF  A STUDENT ATHLETE ON THE BASIS OF A POSITIVE TEST RESULT
FROM AN INITIAL SCREENING TEST THAT HAS NOT BEEN VERIFIED BY A CONFIRMA-
TORY TEST.

S. 2470                             5

  2. DISCIPLINARY ACTION AGAINST A STUDENT SHALL BE PROVIDED BY RULE AND
REGULATION OF THE COMMISSIONER AND SHALL PROVIDE A BROAD RANGE OF PENAL-
TIES WHICH MUST INCLUDE THE FOLLOWING:
  (A)  A  WRITTEN  PUBLIC REPRIMAND, SUBJECT TO CONFIDENTIALITY REQUIRE-
MENTS IMPOSED BY THIS ARTICLE OR OTHER LAW;
  (B) A PROBATIONARY PERIOD, NOT TO EXCEED THREE YEARS, DURING  WHICH  A
STUDENT MAY BE REQUIRED TO COMPLY WITH REASONABLE CONDITIONS IN ORDER TO
PARTICIPATE  IN  AN  ATHLETIC COMPETITION SPONSORED OR SANCTIONED BY THE
SCHOOL DISTRICT OR PRIVATE SCHOOL AND AVOID A MORE SEVERE PENALTY; AND
  (C) A SUSPENSION PERIOD, NOT TO EXCEED THREE  YEARS,  DURING  WHICH  A
STUDENT MAY BE PROHIBITED FROM PARTICIPATING IN OR PRACTICING WITH OTHER
STUDENTS  FOR  AN  ATHLETIC  COMPETITION  SPONSORED OR SANCTIONED BY THE
SCHOOL DISTRICT OR PRIVATE SCHOOL.
  S 955. PRIVACY, CONFIDENTIALITY AND PRIVILEGE SAFEGUARDS. 1. A LABORA-
TORY SHALL ONLY DISCLOSE TO THE  SCHOOL  AUTHORITIES  TEST  RESULT  DATA
REGARDING THE PRESENCE OR ABSENCE OF ANABOLIC STEROIDS OR THEIR METABOL-
ITES IN A SAMPLE TESTED.
  2. EXCEPT AS OTHERWISE PROVIDED IN SECTION NINE HUNDRED FIFTY-SEVEN OF
THIS  ARTICLE, TEST RESULT REPORTS AND OTHER INFORMATION ACQUIRED IN THE
TESTING PROCESS SHALL BE DEEMED TO BE PRIVATE AND CONFIDENTIAL  INFORMA-
TION AND SHALL NOT BE DISCLOSED BY SCHOOL AUTHORITIES OR LABORATORIES TO
ANOTHER  PUBLIC SCHOOL OR PRIVATE SCHOOL OR TO A THIRD-PARTY INDIVIDUAL,
GOVERNMENTAL AGENCY, OR PRIVATE ORGANIZATION WITHOUT THE WRITTEN CONSENT
OF THE STUDENT ATHLETE AND PARENT OR GUARDIAN OF  THE  STUDENT  ATHLETE.
TEST RESULT REPORTS AND OTHER INFORMATION ACQUIRED IN THIS TESTING PROC-
ESS  MAY  BE DISCLOSED TO SCHOOL AUTHORITIES AND THE PARENTS OR GUARDIAN
OF THE STUDENT TESTED.
  3. POSITIVE TEST RESULTS FROM A STUDENT ATHLETE TESTING PROGRAM  SHALL
NOT BE USED AS EVIDENCE IN A CRIMINAL ACTION AGAINST THE SCHOOL AUTHORI-
TIES OR STUDENT ATHLETE TESTED.
  4.  A  STUDENT  ATHLETE  SHALL  BE  GIVEN ACCESS TO INFORMATION IN THE
STUDENT ATHLETE'S PERSONAL FILE RELATING TO POSITIVE TEST RESULT REPORTS
AND OTHER INFORMATION ACQUIRED IN THE TESTING PROCESS,  AND  CONCLUSIONS
DRAWN  FROM  AND  ACTIONS  TAKEN BASED ON THE REPORTS AND OTHER ACQUIRED
INFORMATION.
  S 956. REQUIRED EDUCATIONAL PROGRAMS. THE COMMISSIONER  SHALL  REQUIRE
IN  EACH  PUBLIC  OR  PRIVATE  HIGH SCHOOL CHOSEN TO DO ANABOLIC STEROID
TESTING THAT EACH EMPLOYEE WHO SERVES AS AN ATHLETIC COACH  OR  A  COACH
FOR  AN  EXTRACURRICULAR ATHLETIC ACTIVITY ATTEND AN EDUCATIONAL PROGRAM
DEVELOPED BY THE COMMISSIONER OR A COMPARABLE PROGRAM DEVELOPED  BY  THE
SCHOOL  DISTRICT  OR  A  PRIVATE  ENTITY  WITH  RELEVANT EXPERTISE AS TO
ANABOLIC STEROID USE AND RELATED ISSUES.
  S 957. REPORTING. 1. EVERY SCHOOL DISTRICT OR PRIVATE SCHOOL IN  WHICH
SCHOOL  AUTHORITIES  CONDUCT TESTING OF STUDENT ATHLETES SHALL ANNUALLY,
ON OR BEFORE THE FIRST OF JULY, REPORT TO THE DEPARTMENT THE  NUMBER  OF
STUDENT  ATHLETES  ADMINISTERED  DRUG  TESTS  DURING THE PREVIOUS SCHOOL
YEAR, THE NUMBER OF POSITIVE TEST RESULTS FROM  CONFIRMATORY  TESTS  AND
CONFIRMATORY  RETESTS DURING SUCH SCHOOL YEAR, AND ANY PROBLEMS ENCOUNT-
ERED IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE.
  2. THE DEPARTMENT SHALL COMPILE, EXAMINE AND EVALUATE THE  INFORMATION
RECEIVED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND, ON OR BEFORE
THE FIRST OF AUGUST OF THE THIRD  CALENDAR  YEAR  COMMENCING  AFTER  THE
EFFECTIVE DATE OF THIS ARTICLE, SHALL SUBMIT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT OF
ITS  FINDINGS  BASED ON SUCH INFORMATION AND A RECOMMENDATION ON WHETHER

S. 2470                             6

TESTING FOR STUDENT ATHLETES SHOULD BE  MANDATORY  FOR  ALL  PUBLIC  AND
PRIVATE HIGH SCHOOLS.
  S  2.  Section  3641  of  the education law is amended by adding a new
subdivision 16 to read as follows:
  16. TESTING FOR ANABOLIC STEROIDS. A.  THE  COMMISSIONER  SHALL,  UPON
APPLICATION  THEREFOR  AND WITHIN AMOUNTS APPROPRIATED FOR SUCH PURPOSE,
PROVIDE GRANTS TO SCHOOL DISTRICTS AND  PRIVATE  SCHOOLS  WHICH  CONDUCT
DRUG TESTING OF STUDENTS FOR ANABOLIC STEROIDS.
  B.  GRANTS  PURSUANT TO THIS SUBDIVISION SHALL BE EQUAL TO THE COST OF
TESTING FOR THE PRESENCE OR ABSENCE OF ANABOLIC STEROIDS IN EACH STUDENT
SO TESTED BY A SCHOOL DISTRICT OR PRIVATE SCHOOL.
  C. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS  NECES-
SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SUBDIVISION.
  S  3.  The sum of one million dollars ($1,000,000), or so much thereof
as may be necessary, is hereby appropriated to the education  department
out of any moneys in the state treasury in the general fund to the cred-
it of the local assistance account, not otherwise appropriated, and made
immediately  available for the purpose of carrying out the provisions of
subdivision 16 of section 3641 of the education law, as added by section
two of this act. Such moneys shall be payable on the audit  and  warrant
of the comptroller on vouchers certified or approved by the commissioner
of education in the manner prescribed by law.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that any rules and regu-
lations necessary for the timely  implementation  of  this  act  on  its
effective  date  are  authorized  and  directed  to be promulgated on or
before such date; provided, further that sections two and three of  this
act  shall  take effect on the first of July next succeeding the date on
which it shall have become a law.

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