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A07470 Summary:

BILL NOA07470
 
SAME ASSAME AS S08318
 
SPONSORDavila
 
COSPNSRMontesano, Jaffee, Gottfried, Peoples-Stokes, Williams, Sepulveda, Mosley, Raia
 
MLTSPNSRCrespo, De La Rosa, Simon
 
Amd 19.07, Ment Hyg L; add 3038, Ed L
 
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.
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A07470 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7470
 
SPONSOR: Davila
  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
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A07470 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7470
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 26, 2017
                                       ___________
 
        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:
 
     1    Section 1. Section 19.07 of the  mental  hygiene  law  is  amended  by
     2  adding a new subdivision (l) to read as follows:
     3    (l)  The office of alcoholism and substance abuse services, in consul-
     4  tation with the state education department,  shall  develop  or  utilize
     5  existing  educational  materials  to be provided to school districts and
     6  boards of cooperative educational services for use in addition to or  in
     7  conjunction  with  any drug and alcohol related curriculum regarding the
     8  misuse and abuse of alcohol, tobacco, prescription medication and  other
     9  drugs  with  an  increased  focus  on substances that are most prevalent
    10  among school aged youth as such term is defined in section eight hundred
    11  four of the education law. Such materials shall be age  appropriate  for
    12  school age children, and to the extent practicable, shall include infor-
    13  mation  or  resources  for  parents  to  identify  the warning signs and
    14  address the risks of substance abuse.
    15    § 2. The education law is amended by adding a new section 3038 to read
    16  as follows:
    17    § 3038. The superintendent of each school  district,  in  consultation
    18  with  the  district superintendent of a board of cooperative educational
    19  services, where applicable, shall designate an employee who is a  member
    20  of  the school district staff or an employee of the board of cooperative
    21  educational services  staff  to  provide  information  to  any  student,
    22  parent, or staff regarding where and how to find available substance use
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11157-01-7

        A. 7470                             2
 
     1  related services.  Where possible, such designated individual shall be a
     2  school  social  worker,  school  guidance counselor, or any other health
     3  practitioner or  counselor  employed  by  the  school.  Any  information
     4  provided  by  a student, parent or teacher to such designated individual
     5  shall be confidential, shall not be  used  in  any  school  disciplinary
     6  proceeding  and shall, in addition to any other applicable privilege, be
     7  considered confidential in  the  same  manner  as  information  provided
     8  pursuant  to  section forty-five hundred eight of the civil practice law
     9  and rules. Provided, however, that nothing in this section shall relieve
    10  such designated individual of any legal duty to  otherwise  report  such
    11  information. Such designated individual or individuals shall undergo any
    12  necessary training as may be required by the commissioner.
    13    § 3. This act shall take effect on the one hundred twentieth day after
    14  it  shall have become law; provided, however, that effective immediately
    15  the commissioner of education, in consultation with the commissioner  of
    16  the  office of alcoholism and substance abuse services, shall be author-
    17  ized to adopt regulations necessary to implement the provisions of  this
    18  act on or before such effective date.
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