Bill Text: NY A08424 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides authority to the commissioner of education and the trustees of a common school district to develop a policy regarding prohibited performance enhancing substances by students.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to education [A08424 Detail]

Download: New_York-2015-A08424-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8424
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced  by  M.  of A. ORTIZ, CUSICK -- read once and referred to the
         Committee on Education
       AN ACT to amend the  education  law,  in  relation  to  authorizing  the
         commissioner  of education to develop a list of prohibited performance
         enhancing substances by students and authorizing  the  trustees  of  a
         common school district to develop and adopt a policy regarding prohib-
         ited performance enhancing substances
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 305 of the education law is amended by adding a new
    2  subdivision 55 to read as follows:
    3    55. THE COMMISSIONER SHALL DEVELOP A LIST  OF  PROHIBITED  PERFORMANCE
    4  ENHANCING SUBSTANCES FOR THE PURPOSES OF STUDENT ATHLETIC PARTICIPATION,
    5  INCLUDING BUT NOT LIMITED TO, ANABOLIC STEROIDS, STEROID HORMONE PRECUR-
    6  SOR  DIETARY  SUPPLEMENTS AND GROWTH HORMONES. IN DEVELOPING THE LIST OF
    7  SUCH SUBSTANCES, THE COMMISSIONER SHALL CONSIDER THE RECOMMENDATIONS  OF
    8  RECOGNIZED  ORGANIZATIONS  IN  THE  ATHLETIC  FIELD,  INCLUDING, BUT NOT
    9  LIMITED TO: THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION AND HIGH SCHOOL
   10  INTERSCHOLASTIC SPORTS ASSOCIATIONS.  THE  COMMISSIONER  SHALL  ANNUALLY
   11  UPDATE THE LIST OF PROHIBITED PERFORMANCE ENHANCING SUBSTANCES AND ANNU-
   12  ALLY DISTRIBUTE SUCH LIST TO ALL SCHOOLS WHICH PARTICIPATE IN INTERSCHO-
   13  LASTIC SPORTS.
   14    S  2.  Section  1604  of  the education law is amended by adding a new
   15  subdivision 43 to read as follows:
   16    43. A. TO DEVELOP AND ADOPT A POLICY WITHIN THE SCHOOL  DISTRICT  CODE
   17  OF  CONDUCT WITH REGARDS TO THE USE, POSSESSION, SALE OR DISTRIBUTION OF
   18  PROHIBITED PERFORMANCE ENHANCING SUBSTANCES AS DETERMINED BY THE COMMIS-
   19  SIONER. SUCH POLICY SHALL INCLUDE ANY DISCIPLINARY  MEASURES  ASSOCIATED
   20  WITH  THE  USE,  POSSESSION, SALE OR DISTRIBUTION OF SUCH SUBSTANCES. NO
   21  STUDENT ABLE  TO  DEMONSTRATE  AND  DOCUMENT,  INCLUDING  A  PHYSICIAN'S
   22  PRESCRIPTION,  A  MEDICAL CONDITION REQUIRING THE USE OF SUCH PROHIBITED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04172-02-5
       A. 8424                             2
    1  PERFORMANCE ENHANCING SUBSTANCES SHALL BE SUBJECT TO DISCIPLINARY ACTION
    2  FOR THE USE OF SUCH SUBSTANCES.
    3    B.  COACHES,  HEALTH AND PHYSICAL EDUCATION TEACHERS, NURSES AND OTHER
    4  SCHOOL DISTRICT EMPLOYEES SHALL  PERIODICALLY  INFORM  STUDENT  ATHLETES
    5  REGARDING  THE  RISKS  ASSOCIATED WITH THE USE OF PROHIBITED PERFORMANCE
    6  ENHANCING SUBSTANCES, INCLUDING ANY CONSEQUENCES ASSOCIATED  WITH  THEIR
    7  USE,  POSSESSION,  SALE OR DISTRIBUTION PURSUANT TO THE POLICY CONTAINED
    8  WITHIN THE SCHOOL DISTRICT CODE OF CONDUCT.
    9    C. NO COACH, HEALTH AND PHYSICAL EDUCATION  TEACHER,  NURSE  OR  OTHER
   10  SCHOOL  DISTRICT  EMPLOYEE  SHALL  SELL,  MARKET,  PROVIDE,  DISTRIBUTE,
   11  ENDORSE OR RECOMMEND, EXCEPT WHEN PART OF HIS OR  HER  OFFICIAL  DUTIES,
   12  THE USE OF ANY PROHIBITED PERFORMANCE ENHANCING SUBSTANCE, AS DEFINED BY
   13  THE COMMISSIONER.
   14    S 3. This act shall take effect immediately.