S T A T E O F N E W Y O R K
________________________________________________________________________
3132
2013-2014 Regular Sessions
I N A S S E M B L Y
January 23, 2013
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Introduced by M. of A. CAMARA, CASTRO, CUSICK, GABRYSZAK, JAFFEE,
MAISEL, PEOPLES-STOKES, RAIA, RIVERA, TITONE, WEISENBERG -- Multi-
Sponsored by -- M. of A. BOYLAND, COOK, HIKIND, PERRY, ROBINSON,
THIELE -- read once and referred to the Committee on Education
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06051-01-3
A. 3132 2
schools. Such instruction shall be provided in all senior high schools
whether or not these schools also provide driver education courses.
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
A. 3132 3
dangerous drugs, INCLUDING ANABOLIC STEROIDS AND HUMAN GROWTH HORMONES,
the school authorities shall report same to the social services depart-
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.