senate Bill S2721

Establishes requirement for the instruction of students, teachers and coaches regarding the use of anabolic steroids and human growth hormones

download pdf

Sponsor

Bill Status


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

actions

  • 23 / Jan / 2013
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE

Summary

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A3132
Versions:
S2721
Legislative Cycle:
2013-2014
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Education Law
Laws Affected:
Amd §§804 & 912-a, add §3001-e, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3939, A3841
2009-2010: S2783, A3433
2007-2008: A10094

Sponsor Memo

BILL NUMBER:S2721

TITLE OF BILL: An act to amend the education law, in relation to
requiring the instruction of students, teachers and coaches in the harm-
ful 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

PURPOSE: Establishes requirement for the instruction of students,
teachers and coaches regarding the use of anabolic steroids and human
growth hormones.

SUMMARY OF PROVISIONS: * Health guidance in the junior high school
grades and senior high schools shall be an integral part of a required
health education course containing information on the use, misuse, and
abuse of alcohol, tobacco anabolic steroids and other drugs.

* School authorities shall provide the needed learning aids, curriculum
resource materials, facilities, time and place for the instruction to
contribute to effective teaching methods.

* The commissioner may Prescribe in regulation such health education
courses, which are deemed necessary and desirable for the welfare of
pupils and the community.

* All course material shall be distributed by the commissioner or shall
be approved by the commissioner.

* School authorities may cause children whose consent was granted by
their parent or parental relation to be separately and carefully exam-
ined in order to ascertain whether any such children are making use of
dangerous drugs.

* School authorities shall report any positive findings to the social
services department for social services and the parent or guardian will
be notified.

* Instruction is mandatory for coaches of extra--class school athletic
activities.

* It shall be required of all teachers who coach any extra-class athlet-
ic activity to complete an in-service training in the deleterious
effects performance-enhancing dietary supplements.

* Throughout the sports season, each coach shall instruct students as to
the harmful effects associated with anabolic steroids, HGH, perfor-
mance-enhancing dietary supplements and encourage students ,to avoid
such substances.

* The coach shall report all unauthorized uses of steroids by a student
to school authorities, who shall immediately contact the person in
parental relation to the student.

* Each student participating in interscholastic high school sports shall
sign a pledge not to use anabolic steroids without authorization from a
licensed health care practitioner.

JUSTIFICATION: Given the prevalence of steroid use at the professional
level and otherwise, it is important to integrate the issues of
substance abuse into Preliminary schooling syllabi to educate youth on
the dangers of anabolic steroids, HGH and dietary supplements to enhance
athletic performance.

This legislation also provides for parental consent for school testing
of dangerous drugs and anabolic steroids and to involve the school
authorities and guardian when any substance abuse has been suspected.

LEGISLATIVE HISTORY:

S.3939 01/04/12 - Referred to Education A.3841 01/04/12 - Referred to
Education S.3939 03/10/11 - Referred to Education A.3841 01/28/11 -
Referred to Education S.2783 (2010) Held in Health S.8568 ADAMS ON FILE:
06/23/08 Education Law
TITLE: Establishes requirement for the instruction of students, teachers
and coaches regarding the use of anabolic steroids and human growth
hormones
06/17/08 REFERRED TO RULES Same as A.10094 Camara (MS) Education Law
TITLE: Establishes requirement for the instruction of students, teachers
and coaches regarding the use of anabolic steroids and human growth
hormones
02/29/08 Referred to Education

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred and twen-
tieth day after it shall have become a law.

view bill text
                    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:

  Section  1. Subdivisions 3, 5, 6 and 7 of section 804 of the education
law, subdivision 3 as amended by chapter 674 of the  laws  of  2004  and
subdivisions 5, 6 and 7 as added by chapter 982 of the laws of 1977, are
amended to read as follows:
  3.  Instruction  regarding  alcohol, tobacco, ANABOLIC STEROIDS, HUMAN
GROWTH HORMONES and other drugs, in addition to continued  health  guid-
ance in the junior high school grades and the senior high schools, shall
be  an  integral  part  of a required health education course at each of
these levels in the secondary  schools  curriculum.  Students  shall  be
required to demonstrate knowledge in the subject area through the use of
a  test,  graded project or report, or any other means prescribed by the
school authorities regarding alcohol, drugs,  ANABOLIC  STEROIDS,  HUMAN
GROWTH HORMONES and tobacco. Any such course shall be taught by teachers
holding  a certificate to teach health. Related courses in the secondary
school curriculum shall be taught  in  a  manner  supportive  of  health
education  regarding  alcohol,  tobacco, ANABOLIC STEROIDS, HUMAN GROWTH
HORMONES and other drugs. In addition, instruction regarding the dangers
of driving while under the influence of alcohol or  drugs  shall  be  an
integral  part  of a required health education course in the senior high
schools. Such instruction shall be provided in all senior  high  schools
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

  5.  School  authorities shall provide the needed facilities, time, and
place for the instruction set forth herein and  shall  provide  learning
aids  and  curriculum  resource  materials which contribute to effective
teaching methods and learning in  health  education  regarding  alcohol,
tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs.
  6.  All  pre-service  training  programs  in the state for elementary,
JUNIOR HIGH AND HIGH SCHOOL teachers shall include adequate  preparation
regarding  the instruction in alcohol, tobacco, ANABOLIC STEROIDS, HUMAN
GROWTH HORMONES and other drugs set forth herein, and no  teacher  shall
be  licensed  except upon satisfactory demonstration of the competencies
included in the institutional  proposals  approved  by  the  [education]
department.
  7.  Nothing  contained  in this section shall be deemed to diminish or
impair the duties of the commissioner with  respect  to  the  continuing
program  for  critical  health  problems  established  by  chapter seven
hundred eighty-seven of the laws  of  nineteen  hundred  sixty-seven  as
amended. The commissioner shall coordinate actions taken under authority
of  this  section  with the provisions of said chapter as they relate to
health education in schools, [inservice] IN-SERVICE training and  train-
ing programs, and curriculum or syllabus development regarding the dele-
terious  effects  resulting  from the use, misuse, and abuse of alcohol,
tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs.
  S 2. Paragraph a of subdivision 4 of section 804 of the education law,
as amended by chapter 181 of the laws of 2000, is  amended  to  read  as
follows:
  a. The commissioner may prescribe in regulations such health education
courses  which  include instruction regarding alcohol, tobacco, ANABOLIC
STEROIDS, HUMAN GROWTH HORMONES and other drugs as the commissioner  may
deem  necessary and desirable for the welfare of pupils and the communi-
ty. The contents may be varied to meet the needs  of  particular  school
districts,  or  portions thereof, and need not be uniform throughout the
state, provided, however, that school districts shall utilize either the
curriculum for health education instruction regarding alcohol,  tobacco,
ANABOLIC  STEROIDS,  HUMAN  GROWN HORMONES and other drugs prescribed by
the commissioner or a course approved by the commissioner in  accordance
with criteria established by the commissioner.
  S  3.  Subdivisions  1 and 2 of section 912-a of the education law, as
amended by chapter 477 of the laws of  2004,  are  amended  to  read  as
follows:
  1. The school authorities of each school district within the state may
cause  all children attending grades seven through twelve, inclusive, in
the public and private schools located  within  such  districts,  to  be
separately and carefully examined in order to ascertain whether any such
children  are making use of dangerous drugs, INCLUDING ANABOLIC STEROIDS
AND HUMAN GROWTH HORMONES.
  2. Such examination may be made  only  upon  the  written  request  or
consent of a parent of, or person in parental relation to, a child. Such
examination  shall  be  conducted  without notice to the child and shall
include the supervised taking of a urine sample which shall be  analyzed
for such drugs and in accordance with such standards as shall be accept-
able  to  the  New  York  state office of alcoholism and substance abuse
services, or its successor agency. The results of such examination shall
be promptly forwarded to the school authorities. If it should be  ascer-
tained,  upon  such test or examination, that any child is making use of
dangerous drugs, INCLUDING ANABOLIC STEROIDS AND HUMAN GROWTH  HORMONES,
the  school authorities shall report same to the social services depart-

S. 2721                             3

ment for the social services district wherein such school is located and
to the parent of, or person in parental relation to, such child together
with a statement to such parent or person in  parental  relation  as  to
available  programs  and facilities to combat such dangerous drug usage.
The local social services department shall be empowered, in an appropri-
ate case, to take such action and offer such protective social  services
as  are  prescribed  by  title six of article six of the social services
law.
  S 4. The education law is amended by adding a new  section  3001-e  to
read as follows:
  S  3001-E.  INSTRUCTION  MANDATORY  FOR  COACHES OF EXTRA-CLASS SCHOOL
ATHLETIC ACTIVITIES. 1.  IN ADDITION TO ANY PROVISION OF LAW OR RULE  OR
REGULATION  OF  THE DEPARTMENT RELATED TO THE REQUIREMENTS NECESSARY FOR
TEACHERS IN PUBLIC SCHOOLS AND/OR TEACHERS IN NONPUBLIC SCHOOLS, WHETHER
CERTIFIED IN PHYSICAL EDUCATION OR NOT, TO COACH ANY EXTRA-CLASS ATHLET-
IC ACTIVITY, IT SHALL  BE  REQUIRED  OF  ALL  SUCH  TEACHERS  THAT  THEY
COMPLETE  IN-SERVICE  TRAINING IN THE DELETERIOUS EFFECTS RESULTING FROM
THE USE, MISUSE, AND ABUSE OF ANABOLIC STEROIDS, HUMAN  GROWTH  HORMONES
AND PERFORMANCE-ENHANCING DIETARY SUPPLEMENTS BY ADOLESCENTS TO EXPEDITE
THE  PHYSICAL DEVELOPMENT AND ENHANCE THE PERFORMANCE LEVEL OF SECONDARY
SCHOOL ATHLETES.
  2. THROUGHOUT  THE  SPORTS  SEASON,  EACH  COACH  SHALL  INSTRUCT  THE
STUDENTS HE OR SHE COACHES AS TO THE HARMFUL EFFECTS ASSOCIATED WITH THE
USE  OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES AND PERFORMANCE-ENHANC-
ING DIETARY SUPPLEMENTS, SUCH INSTRUCTION TO BE IN A  MANNER  SUPPORTIVE
OF  RELATED COURSES IN THE SECONDARY SCHOOL CURRICULUM INCLUDING COURSES
IN HEALTH EDUCATION. EACH COACH SHALL ENCOURAGE STUDENTS  TO  AVOID  THE
USE  OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES AND PERFORMANCE-ENHANC-
ING DIETARY SUPPLEMENTS AND  TO  ADOPT  PROPER  NUTRITION  AND  TRAINING
PROGRAMS.
  3.  IN  THE  EVENT  THAT  A COACH BECOMES AWARE OF THE USE OF ANABOLIC
STEROIDS OR HUMAN GROWTH HORMONES BY A STUDENT, WHICH USE IS NOT  PURSU-
ANT TO TREATMENT BY A LICENSED HEALTH CARE PRACTITIONER, THE COACH SHALL
REPORT SUCH USE TO THE SCHOOL AUTHORITIES, WHO SHALL IMMEDIATELY CONTACT
THE PARENT OF, OR PERSON IN PARENTAL RELATION TO, THE STUDENT.
  4.  EACH  PUPIL  PARTICIPATING  IN  INTERSCHOLASTIC HIGH SCHOOL SPORTS
SHALL SIGN A PLEDGE  NOT  TO  USE  ANABOLIC  STEROIDS  OR  HUMAN  GROWTH
HORMONES,  AS  DEFINED  IN  SECTION 802 OF TITLE 21 OF THE UNITED STATES
CODE, WITHOUT A PRESCRIPTION FROM A LICENSED HEALTH CARE PRACTITIONER.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment or repeal of any rule or  regulation  neces-
sary  for  the  implementation  of  this  act  on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.