S T A T E O F N E W Y O R K
________________________________________________________________________
8424
2015-2016 Regular Sessions
I N A S S E M B L Y
October 9, 2015
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Introduced by M. of A. ORTIZ, CUSICK -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to authorizing the
commissioner of education to develop a list of prohibited performance
enhancing substances by students and authorizing the trustees of a
common school district to develop and adopt a policy regarding prohib-
ited performance enhancing substances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 55 to read as follows:
55. THE COMMISSIONER SHALL DEVELOP A LIST OF PROHIBITED PERFORMANCE
ENHANCING SUBSTANCES FOR THE PURPOSES OF STUDENT ATHLETIC PARTICIPATION,
INCLUDING BUT NOT LIMITED TO, ANABOLIC STEROIDS, STEROID HORMONE PRECUR-
SOR DIETARY SUPPLEMENTS AND GROWTH HORMONES. IN DEVELOPING THE LIST OF
SUCH SUBSTANCES, THE COMMISSIONER SHALL CONSIDER THE RECOMMENDATIONS OF
RECOGNIZED ORGANIZATIONS IN THE ATHLETIC FIELD, INCLUDING, BUT NOT
LIMITED TO: THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION AND HIGH SCHOOL
INTERSCHOLASTIC SPORTS ASSOCIATIONS. THE COMMISSIONER SHALL ANNUALLY
UPDATE THE LIST OF PROHIBITED PERFORMANCE ENHANCING SUBSTANCES AND ANNU-
ALLY DISTRIBUTE SUCH LIST TO ALL SCHOOLS WHICH PARTICIPATE IN INTERSCHO-
LASTIC SPORTS.
S 2. Section 1604 of the education law is amended by adding a new
subdivision 43 to read as follows:
43. A. TO DEVELOP AND ADOPT A POLICY WITHIN THE SCHOOL DISTRICT CODE
OF CONDUCT WITH REGARDS TO THE USE, POSSESSION, SALE OR DISTRIBUTION OF
PROHIBITED PERFORMANCE ENHANCING SUBSTANCES AS DETERMINED BY THE COMMIS-
SIONER. SUCH POLICY SHALL INCLUDE ANY DISCIPLINARY MEASURES ASSOCIATED
WITH THE USE, POSSESSION, SALE OR DISTRIBUTION OF SUCH SUBSTANCES. NO
STUDENT ABLE TO DEMONSTRATE AND DOCUMENT, INCLUDING A PHYSICIAN'S
PRESCRIPTION, A MEDICAL CONDITION REQUIRING THE USE OF SUCH PROHIBITED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04172-02-5
A. 8424 2
PERFORMANCE ENHANCING SUBSTANCES SHALL BE SUBJECT TO DISCIPLINARY ACTION
FOR THE USE OF SUCH SUBSTANCES.
B. COACHES, HEALTH AND PHYSICAL EDUCATION TEACHERS, NURSES AND OTHER
SCHOOL DISTRICT EMPLOYEES SHALL PERIODICALLY INFORM STUDENT ATHLETES
REGARDING THE RISKS ASSOCIATED WITH THE USE OF PROHIBITED PERFORMANCE
ENHANCING SUBSTANCES, INCLUDING ANY CONSEQUENCES ASSOCIATED WITH THEIR
USE, POSSESSION, SALE OR DISTRIBUTION PURSUANT TO THE POLICY CONTAINED
WITHIN THE SCHOOL DISTRICT CODE OF CONDUCT.
C. NO COACH, HEALTH AND PHYSICAL EDUCATION TEACHER, NURSE OR OTHER
SCHOOL DISTRICT EMPLOYEE SHALL SELL, MARKET, PROVIDE, DISTRIBUTE,
ENDORSE OR RECOMMEND, EXCEPT WHEN PART OF HIS OR HER OFFICIAL DUTIES,
THE USE OF ANY PROHIBITED PERFORMANCE ENHANCING SUBSTANCE, AS DEFINED BY
THE COMMISSIONER.
S 3. This act shall take effect immediately.