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

                                  10472

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

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 (m) to read as follows:
  (M)  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.
  S 2. The education law is amended by adding a new section 3037 to read
as follows:
  S 3037. 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
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

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

                                                           LBD14934-02-6

A. 10472                            2

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.
  S 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.