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.