NY State Senate Bill 2017-S8318

Senate Bill S8318

Signed By Governor

2017-2018 Legislative Session

Relates to the preparation of educational materials relating to substance abuse among students

download bill text pdf

Archive: Last Bill Status Via A7470 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 05, 2018	signed chap.323
Oct 24, 2018	delivered to governor
Jun 04, 2018	returned to assembly passed senate 3rd reading cal.1073 substituted for s8318
Jun 04, 2018	substituted by a7470
May 14, 2018	advanced to third reading
May 09, 2018	2nd report cal.
May 08, 2018	1st report cal.1073
Apr 30, 2018	referred to alcoholism and drug abuse

Votes

- Jun 4, 2018 - Floor Vote
  A7470
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 8, 2018 - Committee Vote
  S8318
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 8, 2018
      
      aye (6)
      
      Amedore
      
      Carlucci
      
      Kaminsky
      
      Parker
      
      Phillips
      
      Ritchie
      
      aye wr (1)
      
      Bonacic

2017-S8318 (ACTIVE) - Details

See Assembly Version of this Bill:: A7470
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.07, Ment Hyg L; add §3038, Ed L
Versions Introduced in 2015-2016 Legislative Session:: A10472

2017-S8318 (ACTIVE) - Summary

Relates to the preparation of educational materials relating to substance abuse among students and designating employees to provide information regarding substance abuse to students, parents and staff.

2017-S8318 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8318

SPONSOR: COMRIE
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that students, parents and staff
are aware of the dangers of the substance misuse and abuse and given
access to resources for treatment

 
SUMMARY OF PROVISIONS:

Section one the bill would require the Office of Alcoholism and
Substance Abuse Services (OASAS), in consultation with the State Educa-
tion Department, to develop or use existing educational materials
regarding the misuse and abuse of alcohol, tobacco, prescription medica-

tion and other drugs that are prevalent among school aged youth. The
materials would be required to be age appropriate and would include
information or resources for parents to identify the warning signs and
how to address the risks of substance abuse. Section two of the bill
would require the superintendent of each school district, in consulta-
tion with the district superintendent of a board of cooperative educa-
tional services (BOCES), to designate an employee of the district to
provide information to any student, parent, or staff regarding available
substance abuse services. The designated person would be, where possi-
ble, a school social worker, school guidance counselor, or other health
care practitioner or counselor employed by the school or otherwise
available through a BOCES program. Any information provided by a
student, parent, or staff would be confidential except where the desig-
nated person had a legal duty to report such information. The commis-
sioner of the education department, in consultation with the commission-
er of the office of alcoholism and substance abuse services would have
the power to make necessary regulations. Section three of the bill is
the effective date.

 
JUSTIFICATION:

It is as crucial to prevent substance abuse as. it is to treat it. In
2014, the Office of National Drug Control Policy (ONDCP) stated in its
National Drug Control Strategy that one of the most cost effective ways
of reducing drug abuse among the nation's youth is through school-based
substance abuse prevention education. This bill would ensure that
students, their parents, and staff in schools have access to information
on the misuse and abuse of alcohol, tobacco, prescription medications
and other drugs that are prevalent among school aged youth, as well as
how parents can recognize the warning signs of misuse, and that they are
given information on how to access substance abuse services.

 
PRIOR LEGISLATIVE HISTORY:

A-10472 of 2015-2016.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after is
shall have become law.

2017-S8318 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8318
 
                             I N  S E N A T E
 
                              April 30, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed 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 (l) to read as follows:
   (L) 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.
   § 2. The education law is amended by adding a new section 3038 to read
 as follows:
   §  3038.  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.
                                                            LBD11157-01-7

 S. 8318                             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.
   § 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.

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