Bill S2721-2013

Establishes requirement for the instruction of students, teachers and coaches regarding the use of anabolic steroids and human growth hormones

Requires the instruction of students, teachers and coaches in the harmful use of anabolic steroids and human growth hormones by adolescents and provides for the testing of students suspected of using steroids or human growth hormones, upon parental consent.

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  • Jan 23, 2013: REFERRED TO ALCOHOLISM AND DRUG ABUSE

Memo

BILL NUMBER:S2721

TITLE OF BILL: An act to amend the education law, in relation to requiring the instruction of students, teachers and coaches in the harmful use of anabolic steroids and human growth hormones by adolescents and providing for the testing of students suspected of using steroids and hormones, upon parental consent

PURPOSE: Establishes requirement for the instruction of students, teachers and coaches regarding the use of anabolic steroids and human growth hormones.

SUMMARY OF PROVISIONS: * Health guidance in the junior high school grades and senior high schools shall be an integral part of a required health education course containing information on the use, misuse, and abuse of alcohol, tobacco anabolic steroids and other drugs.

* School authorities shall provide the needed learning aids, curriculum resource materials, facilities, time and place for the instruction to contribute to effective teaching methods.

* The commissioner may Prescribe in regulation such health education courses, which are deemed necessary and desirable for the welfare of pupils and the community.

* All course material shall be distributed by the commissioner or shall be approved by the commissioner.

* School authorities may cause children whose consent was granted by their parent or parental relation to be separately and carefully examined in order to ascertain whether any such children are making use of dangerous drugs.

* School authorities shall report any positive findings to the social services department for social services and the parent or guardian will be notified.

* Instruction is mandatory for coaches of extra--class school athletic activities.

* It shall be required of all teachers who coach any extra-class athletic activity to complete an in-service training in the deleterious effects performance-enhancing dietary supplements.

* Throughout the sports season, each coach shall instruct students as to the harmful effects associated with anabolic steroids, HGH, performance-enhancing dietary supplements and encourage students ,to avoid such substances.

* The coach shall report all unauthorized uses of steroids by a student to school authorities, who shall immediately contact the person in parental relation to the student.

* Each student participating in interscholastic high school sports shall sign a pledge not to use anabolic steroids without authorization from a licensed health care practitioner.

JUSTIFICATION: Given the prevalence of steroid use at the professional level and otherwise, it is important to integrate the issues of substance abuse into Preliminary schooling syllabi to educate youth on the dangers of anabolic steroids, HGH and dietary supplements to enhance athletic performance.

This legislation also provides for parental consent for school testing of dangerous drugs and anabolic steroids and to involve the school authorities and guardian when any substance abuse has been suspected.

LEGISLATIVE HISTORY:

S.3939 01/04/12 - Referred to Education A.3841 01/04/12 - Referred to Education S.3939 03/10/11 - Referred to Education A.3841 01/28/11 Referred to Education S.2783 (2010) Held in Health S.8568 ADAMS ON FILE: 06/23/08 Education Law TITLE: Establishes requirement for the instruction of students, teachers and coaches regarding the use of anabolic steroids and human growth hormones 06/17/08 REFERRED TO RULES Same as A.10094 Camara (MS) Education Law TITLE: Establishes requirement for the instruction of students, teachers and coaches regarding the use of anabolic steroids and human growth hormones 02/29/08 Referred to Education

FISCAL IMPLICATIONS: To be determined.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 2721 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse AN ACT to amend the education law, in relation to requiring the instruc- tion of students, teachers and coaches in the harmful use of anabolic steroids and human growth hormones by adolescents and providing for the testing of students suspected of using steroids and hormones, upon parental consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3, 5, 6 and 7 of section 804 of the education law, subdivision 3 as amended by chapter 674 of the laws of 2004 and subdivisions 5, 6 and 7 as added by chapter 982 of the laws of 1977, are amended to read as follows: 3. Instruction regarding alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs, in addition to continued health guid- ance in the junior high school grades and the senior high schools, shall be an integral part of a required health education course at each of these levels in the secondary schools curriculum. Students shall be required to demonstrate knowledge in the subject area through the use of a test, graded project or report, or any other means prescribed by the school authorities regarding alcohol, drugs, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and tobacco. Any such course shall be taught by teachers holding a certificate to teach health. Related courses in the secondary school curriculum shall be taught in a manner supportive of health education regarding alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs. In addition, instruction regarding the dangers of driving while under the influence of alcohol or drugs shall be an integral part of a required health education course in the senior high schools. Such instruction shall be provided in all senior high schools whether or not these schools also provide driver education courses.
5. School authorities shall provide the needed facilities, time, and place for the instruction set forth herein and shall provide learning aids and curriculum resource materials which contribute to effective teaching methods and learning in health education regarding alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs. 6. All pre-service training programs in the state for elementary, JUNIOR HIGH AND HIGH SCHOOL teachers shall include adequate preparation regarding the instruction in alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs set forth herein, and no teacher shall be licensed except upon satisfactory demonstration of the competencies included in the institutional proposals approved by the [education] department. 7. Nothing contained in this section shall be deemed to diminish or impair the duties of the commissioner with respect to the continuing program for critical health problems established by chapter seven hundred eighty-seven of the laws of nineteen hundred sixty-seven as amended. The commissioner shall coordinate actions taken under authority of this section with the provisions of said chapter as they relate to health education in schools, [inservice] IN-SERVICE training and train- ing programs, and curriculum or syllabus development regarding the dele- terious effects resulting from the use, misuse, and abuse of alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs. S 2. Paragraph a of subdivision 4 of section 804 of the education law, as amended by chapter 181 of the laws of 2000, is amended to read as follows: a. The commissioner may prescribe in regulations such health education courses which include instruction regarding alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWTH HORMONES and other drugs as the commissioner may deem necessary and desirable for the welfare of pupils and the communi- ty. The contents may be varied to meet the needs of particular school districts, or portions thereof, and need not be uniform throughout the state, provided, however, that school districts shall utilize either the curriculum for health education instruction regarding alcohol, tobacco, ANABOLIC STEROIDS, HUMAN GROWN HORMONES and other drugs prescribed by the commissioner or a course approved by the commissioner in accordance with criteria established by the commissioner. S 3. Subdivisions 1 and 2 of section 912-a of the education law, as amended by chapter 477 of the laws of 2004, are amended to read as follows: 1. The school authorities of each school district within the state may cause all children attending grades seven through twelve, inclusive, in the public and private schools located within such districts, to be separately and carefully examined in order to ascertain whether any such children are making use of dangerous drugs, INCLUDING ANABOLIC STEROIDS AND HUMAN GROWTH HORMONES. 2. Such examination may be made only upon the written request or consent of a parent of, or person in parental relation to, a child. Such examination shall be conducted without notice to the child and shall include the supervised taking of a urine sample which shall be analyzed for such drugs and in accordance with such standards as shall be accept- able to the New York state office of alcoholism and substance abuse services, or its successor agency. The results of such examination shall be promptly forwarded to the school authorities. If it should be ascer- tained, upon such test or examination, that any child is making use of dangerous drugs, INCLUDING ANABOLIC STEROIDS AND HUMAN GROWTH HORMONES, the school authorities shall report same to the social services depart-
ment for the social services district wherein such school is located and to the parent of, or person in parental relation to, such child together with a statement to such parent or person in parental relation as to available programs and facilities to combat such dangerous drug usage. The local social services department shall be empowered, in an appropri- ate case, to take such action and offer such protective social services as are prescribed by title six of article six of the social services law. S 4. The education law is amended by adding a new section 3001-e to read as follows: S 3001-E. INSTRUCTION MANDATORY FOR COACHES OF EXTRA-CLASS SCHOOL ATHLETIC ACTIVITIES. 1. IN ADDITION TO ANY PROVISION OF LAW OR RULE OR REGULATION OF THE DEPARTMENT RELATED TO THE REQUIREMENTS NECESSARY FOR TEACHERS IN PUBLIC SCHOOLS AND/OR TEACHERS IN NONPUBLIC SCHOOLS, WHETHER CERTIFIED IN PHYSICAL EDUCATION OR NOT, TO COACH ANY EXTRA-CLASS ATHLET- IC ACTIVITY, IT SHALL BE REQUIRED OF ALL SUCH TEACHERS THAT THEY COMPLETE IN-SERVICE TRAINING IN THE DELETERIOUS EFFECTS RESULTING FROM THE USE, MISUSE, AND ABUSE OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES AND PERFORMANCE-ENHANCING DIETARY SUPPLEMENTS BY ADOLESCENTS TO EXPEDITE THE PHYSICAL DEVELOPMENT AND ENHANCE THE PERFORMANCE LEVEL OF SECONDARY SCHOOL ATHLETES. 2. THROUGHOUT THE SPORTS SEASON, EACH COACH SHALL INSTRUCT THE STUDENTS HE OR SHE COACHES AS TO THE HARMFUL EFFECTS ASSOCIATED WITH THE USE OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES AND PERFORMANCE-ENHANC- ING DIETARY SUPPLEMENTS, SUCH INSTRUCTION TO BE IN A MANNER SUPPORTIVE OF RELATED COURSES IN THE SECONDARY SCHOOL CURRICULUM INCLUDING COURSES IN HEALTH EDUCATION. EACH COACH SHALL ENCOURAGE STUDENTS TO AVOID THE USE OF ANABOLIC STEROIDS, HUMAN GROWTH HORMONES AND PERFORMANCE-ENHANC- ING DIETARY SUPPLEMENTS AND TO ADOPT PROPER NUTRITION AND TRAINING PROGRAMS. 3. IN THE EVENT THAT A COACH BECOMES AWARE OF THE USE OF ANABOLIC STEROIDS OR HUMAN GROWTH HORMONES BY A STUDENT, WHICH USE IS NOT PURSU- ANT TO TREATMENT BY A LICENSED HEALTH CARE PRACTITIONER, THE COACH SHALL REPORT SUCH USE TO THE SCHOOL AUTHORITIES, WHO SHALL IMMEDIATELY CONTACT THE PARENT OF, OR PERSON IN PARENTAL RELATION TO, THE STUDENT. 4. EACH PUPIL PARTICIPATING IN INTERSCHOLASTIC HIGH SCHOOL SPORTS SHALL SIGN A PLEDGE NOT TO USE ANABOLIC STEROIDS OR HUMAN GROWTH HORMONES, AS DEFINED IN SECTION 802 OF TITLE 21 OF THE UNITED STATES CODE, WITHOUT A PRESCRIPTION FROM A LICENSED HEALTH CARE PRACTITIONER. S 5. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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