S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7470
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2017
                                ___________
 
 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:
 
   Section 1. Section 19.07 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (l) to read as follows:
   (L)  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN CONSUL-
 TATION WITH THE STATE EDUCATION DEPARTMENT,  SHALL  DEVELOP  OR  UTILIZE
 EXISTING  EDUCATIONAL  MATERIALS  TO BE PROVIDED TO SCHOOL DISTRICTS AND
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FOR USE IN ADDITION TO OR  IN
 CONJUNCTION  WITH  ANY DRUG AND ALCOHOL RELATED CURRICULUM REGARDING THE
 MISUSE AND ABUSE OF ALCOHOL, TOBACCO, PRESCRIPTION MEDICATION AND  OTHER
 DRUGS  WITH  AN  INCREASED  FOCUS  ON SUBSTANCES THAT ARE MOST PREVALENT
 AMONG SCHOOL AGED YOUTH AS SUCH TERM IS DEFINED IN SECTION EIGHT HUNDRED
 FOUR OF THE EDUCATION LAW. SUCH MATERIALS SHALL BE AGE  APPROPRIATE  FOR
 SCHOOL AGE CHILDREN, AND TO THE EXTENT PRACTICABLE, SHALL INCLUDE INFOR-
 MATION  OR  RESOURCES  FOR  PARENTS  TO  IDENTIFY  THE WARNING SIGNS AND
 ADDRESS THE RISKS OF SUBSTANCE ABUSE.
   § 2. The education law is amended by adding a new section 3038 to read
 as follows:
   § 3038. THE SUPERINTENDENT OF EACH SCHOOL  DISTRICT,  IN  CONSULTATION
 WITH  THE  DISTRICT SUPERINTENDENT OF A BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, WHERE APPLICABLE, SHALL DESIGNATE AN EMPLOYEE WHO IS A  MEMBER
 OF  THE SCHOOL DISTRICT STAFF OR AN EMPLOYEE OF THE BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES  STAFF  TO  PROVIDE  INFORMATION  TO  ANY  STUDENT,
 PARENT, OR STAFF REGARDING WHERE AND HOW TO FIND AVAILABLE SUBSTANCE USE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11157-01-7

 A. 7470                             2
 
 RELATED SERVICES.  WHERE POSSIBLE, SUCH DESIGNATED INDIVIDUAL SHALL BE A
 SCHOOL  SOCIAL  WORKER,  SCHOOL  GUIDANCE COUNSELOR, OR ANY OTHER HEALTH
 PRACTITIONER OR  COUNSELOR  EMPLOYED  BY  THE  SCHOOL.  ANY  INFORMATION
 PROVIDED  BY  A STUDENT, PARENT OR TEACHER TO SUCH DESIGNATED INDIVIDUAL
 SHALL BE CONFIDENTIAL, SHALL NOT BE  USED  IN  ANY  SCHOOL  DISCIPLINARY
 PROCEEDING  AND SHALL, IN ADDITION TO ANY OTHER APPLICABLE PRIVILEGE, BE
 CONSIDERED CONFIDENTIAL IN  THE  SAME  MANNER  AS  INFORMATION  PROVIDED
 PURSUANT  TO  SECTION FORTY-FIVE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW
 AND RULES. PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL RELIEVE
 SUCH DESIGNATED INDIVIDUAL OF ANY LEGAL DUTY TO  OTHERWISE  REPORT  SUCH
 INFORMATION. SUCH DESIGNATED INDIVIDUAL OR INDIVIDUALS SHALL UNDERGO ANY
 NECESSARY TRAINING AS MAY BE REQUIRED BY THE COMMISSIONER.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become law; provided, however, that effective immediately
 the commissioner of education, in consultation with the commissioner  of
 the  office of alcoholism and substance abuse services, shall be author-
 ized to adopt regulations necessary to implement the provisions of  this
 act on or before such effective date.