S T A T E   O F   N E W   Y O R K
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                                  4479

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of A. ESPAILLAT, DINOWITZ, ORTIZ, GREENE, PERALTA --
  Multi-Sponsored by -- M. of A. CLARK, DIAZ -- read once  and  referred
  to the Committee on Health

AN  ACT to amend the public health law, in relation to random testing of
  professional athletes for use of anabolic steroids

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

  Section  1.  The  public health law is amended by adding a new section
3380-a to read as follows:
  S 3380-A. RANDOM TESTING OF PROFESSIONAL ATHLETES FOR USE OF  ANABOLIC
STEROIDS.  1.  THE  COMMISSIONER SHALL ESTABLISH A COMPREHENSIVE PROGRAM
FOR THE RANDOM TESTING OF PROFESSIONAL  ATHLETES  FOR  THE  PRESENCE  OF
ANABOLIC  STEROIDS,  AS  DEFINED  BY  SUBDIVISION  (H) OF SCHEDULE II OF
SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTICLE.
  2. THE COMMISSIONER SHALL PROMULGATE  REGULATIONS  FOR  GOVERNING  THE
IMPLEMENTATION OF THE RANDOM TESTING PROGRAM REQUIRED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION WHICH SHALL INCLUDE:
  (A)  THE ADMINISTRATION OF TESTING AT ANY SPORTS ARENA IN THE STATE OF
NEW YORK, INCLUDING REQUIRING THAT  A  URINE  COLLECTOR  ARRIVE  AT  THE
ATHLETE'S PLACE OF PRACTICE OR PLACE OF PLAY AND REQUIRE SUCH ATHLETE TO
PRODUCE URINE IN THE PRESENCE OF THE COLLECTOR;
  (B)  THE  NECESSARY  PENALTIES  FOR  AN  ATHLETE  WITH THE PRESENCE OF
ANABOLIC STEROIDS IN THEIR BLOODSTREAM,  INCLUDING  THE  BANNING  OF  AN
ATHLETE  FROM  PLAY  WITHIN NEW YORK STATE FOR SIX MONTHS UPON THE FIRST
FINDING OF ANABOLIC STEROIDS IN THE BLOODSTREAM OF SUCH ATHLETE AND  THE
BANNING  OF AN ATHLETE FROM PLAY WITHIN NEW YORK STATE FOR ONE YEAR UPON
A SECOND FINDING  OF  ANABOLIC  STEROIDS  IN  THE  BLOODSTREAM  OF  SUCH
ATHLETE; AND
  (C)  ANY  OTHER RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION
OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07764-01-9

              

A. 4479                             2

  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.