Requires the education department, in consultation with the department of health, to develop and adopt a comprehensive fentanyl education, awareness, and recognition program for all public, charter, and private schools in the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8540
SPONSOR: Smullen TITLE OF BILL:
An act to amend the education law, in relation to enacting the "Fentanyl
Fathers and Mothers act"
PURPOSE OR GENERAL IDEA OF BILL:
Requires the Department of Education, in consultation with the Depart-
ment of Health; to develop and adopt a comprehensive Fentanyl Education,
Awareness, and Recognition Program for all public, charter, and private
schools in the state.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Cites the act as the "Fentanyl Fathers and Mothers act".
Section 2. Contains the legislative findings and intent.
Section 3. Amends section 804 of the Education Law to require all
schools to include, as an integral part of health education, instruction
so as to discourage the misuse and abuse of fentanyl and other synthetic
opioids.
Section 4. Amends the Education Law by adding a new section 804-e to
require the Department of Education, in consultation with the Department
of Health, to develop and adopt a comprehensive fentanyl education,
awareness, and recognition program for all public, charter, and private
schools in the state. This section also provides for program require-
ments, mandatory implementation and integration as part of the health
education curriculum in grades six through twelve, program valuation and
improvement, mandated distribution of naloxone, bereaved parent involve-
ment, and data collection, reporting and measuring impact.
Section 5. Requires the legislature to appropriate funding to support
the implementation of this act, including the creation of educational
materials, training programs, naloxone distribution, and program evalu-
ation.
Section 6. Includes the effective date.
JUSTIFICATION:
It has sadly been well established in New York State that parents are
losing their children at alarming rates due to abuses of fentanyl and
similar synthetic opioids and counterfeit pills. This bill seeks to
provide a comprehensive educational requirement for our young adults to
learn about the potentially fatal consequences of such substances, thus
saving the lives of countless New Yorkers.
Unfortunately, it has become all too common that drug overdose deaths
are the result of illicitly manufactured fentanyl. Just in 2022,
"synthetic opioids other than methadone (SOOTM), predominantly illicitly
manufactured fentanyl, were present in 92.3 percent of all overdose
deaths involving any opioid." Many times, deadly cocktails involving
opioids are made, whether on the streets or exchanged via social media
(according to PBS.org) and result in deadly outcomes. Because of these
illicit mixes being made, or counterfeit pills exchanged, "synthetic
opioids like fentanyl and tramadol-often mixed with other drugs-account
for much of the increase in drug overdose fatalities in New York, grow-
ing from 11 percent of all drug overdose deaths in 2010 to 78 percent in
2021."
Often, young adults don't realize what the substances are that that they
are ingesting. Dealers often advertise the drug falsely, only for an
awful outcome to occur. Our young people may not realize that a fake
pill mixed with fentanyl can be deadly, by the amount "small as the tip
of a pencil". This happened to Lucienne "Coco" Konar, a 17-year-old girl
from outside of New York City, in 2022. She thought she had purchased
Percocet from a dealer on Instagram only to be found dead a day later.
Her mother, Julianna Arnold, has since called for stronger laws to
prevent deaths like the one that happened to her daughter (PBS.org).
New York State has an obligation to do all that it can to prevent these
deaths and to save parents, families, and communities from further hear-
tache and gut-wrenching loss.
The Drug Enforcement Administration (DEA) analysis has found counterfeit
pills ranging from .02 to 5.1 milligrams (more than twice the lethal
dose) of fentanyl per tablet. 42% of pills tested for fentanyl contained
at least 2 mg of fentanyl, considered a potentially lethal dose. Accord-
ing to the CDC, synthetic opioids (like fentanyl) are the primary driver
of overdose deaths in the United States. Comparison between the 12
months-ending January 31, 2020, and the 12 months-ending January 31,
2021, during this period: overdose deaths involving opioids rose 38.1
percent; and overdose deaths involving synthetic opioids (primarily
illicitly manufactured fentanyl) rose 55.6 percent and appear to be the
primary driver of the increase in total drug overdose deaths.
According to the CDC, average monthly overdose deaths among young people
aged 10-19 have increased by 109% from 2019 to 2021. This shocking jump
in numbers demands a statewide response. We cannot let stories like
Coco's become the norm. We must educate our children and protect them
from the onslaught of fatal substances being pushed into our communities
illegally. To protect our young people and preserve our families and
communities, we must act and pass the "Fentanyl Fathers and Mothers
Act".
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law and shall apply to school years
commencing on or after such effective date.
