Assembly Bill A5707A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5707--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SOLAGES,  K. BROWN,  SAYEGH -- read once and
   referred to the Committee on Health -- recommitted to the Committee on
   Health in accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT to amend the public health law, in relation to requiring certain
   persons attend the electronic cigarette and vaping prevention,  aware-
   ness and control program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1399-ii-1 of the public health  law,  as  added  by
 section  11  of part EE of chapter 56 of the laws of 2020, is amended to
 read as follows:
   § 1399-ii-1. Electronic cigarette and vaping prevention, awareness and
 control program. 1. The commissioner shall, in consultation and  collab-
 oration  with  the  commissioner  of education, establish and develop an
 electronic  cigarette  and  vaping  prevention,  control  and  awareness
 program within the department. Such program shall be designed to educate
 students, parents and school personnel about the health risks associated
 with  vapor product use and control measures to reduce the prevalence of
 vaping, particularly among persons less than twenty-one  years  of  age.
 Such  program shall include, but not be limited to, the creation of age-
 appropriate instructional tools and materials that may be  used  by  all
 schools, and marketing and advertising materials to discourage electron-
 ic cigarette use.
   2.  THE  DEPARTMENT  SHALL CONTACT THE PARENTS AND/OR GUARDIANS OF ANY
 SUCH PERSON ENROLLED IN SECONDARY EDUCATION WHO IS FOUND TO BE USING  OR
 IN  POSSESSION  OF  AN  ELECTRONIC CIGARETTE OR VAPOR PRODUCT WHILE LESS
 THAN TWENTY-ONE YEARS OF AGE AND INFORM THEM OF  SUCH  PERSON'S  USE  OR
 POSSESSION  OF  AN  ELECTRONIC  CIGARETTE  OR VAPOR PRODUCT. SUCH PERSON
 SHALL BE REQUIRED TO ATTEND THE ELECTRONIC CIGARETTE  OR  VAPOR  PRODUCT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09925-02-6
              

 A. 5707--A                          2
 
 PREVENTION,  CONTROL AND AWARENESS PROGRAM ESTABLISHED UNDER SUBDIVISION
 ONE OF THIS SECTION. THE PARENT OR GUARDIAN OF SUCH PERSON SHALL ALSO BE
 REQUIRED TO ATTEND UNLESS SCHOOL PERSONNEL, INCLUDING BUT NOT LIMITED TO
 A SCHOOL COUNSELOR, SOCIAL WORKER, OR ADMINISTRATOR DETERMINE IN CONSUL-
 TATION  WITH APPROPRIATE STAFF THAT NOTIFICATION TO OR ATTENDANCE BY THE
 PARENT OR GUARDIAN WOULD POSE A RISK TO THE HEALTH, SAFETY,  OR  WELFARE
 OF  THE  STUDENT OR WOULD OTHERWISE BE CONTRARY TO THE BEST INTERESTS OF
 THE STUDENT. IN SUCH CASES, THE STUDENT MAY COMPLETE THE PROGRAM WITHOUT
 PARENTAL NOTIFICATION OR  ATTENDANCE  AND  THE  DEPARTMENT  MAY  PROVIDE
 ALTERNATIVE SUPPORTIVE SERVICES AS APPROPRIATE.
   3.  ATTENDANCE  AT  SUCH PROGRAM MAY BE SATISFIED THROUGH IN-PERSON OR
 VIRTUAL PARTICIPATION, OR THROUGH OTHER ALTERNATIVE FORMATS APPROVED  BY
 THE DEPARTMENT. THE DEPARTMENT SHALL ENSURE THAT SESSIONS ARE OFFERED AT
 VARIED  TIMES,  INCLUDING  EVENINGS  OR  WEEKENDS  WHERE PRACTICABLE. NO
 STUDENT, PARENT, OR GUARDIAN SHALL BE  SUBJECT  TO  PENALTY  SOLELY  FOR
 FAILURE  TO  ATTEND  WHERE  SUCH  FAILURE IS DUE TO DOCUMENTED HARDSHIP,
 INCLUDING BUT NOT LIMITED TO EMPLOYMENT OBLIGATIONS, CAREGIVING  RESPON-
 SIBILITIES,  TRANSPORTATION  BARRIERS,  DISABILITY,  OR OTHER GOOD CAUSE
 SHOWN. IN SUCH CASES, THE DEPARTMENT SHALL PROVIDE A REASONABLE ALTERNA-
 TIVE MEANS OF PROGRAM COMPLETION.
   4. THE DEPARTMENT SHALL PROMULGATE GUIDELINES ESTABLISHING  PROCEDURES
 FOR  IMPLEMENTATION  OF THIS SUBDIVISION, INCLUDING NOTICE REQUIREMENTS,
 REASONABLE TIMEFRAMES FOR ATTENDANCE AND AVAILABLE ALTERNATIVES IN CASES
 OF HARDSHIP. NO STUDENT SHALL BE SUBJECT TO  SUSPENSION,  EXPULSION,  OR
 REFERRAL TO LAW ENFORCEMENT SOLELY FOR FAILURE TO ATTEND SUCH PROGRAM.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.