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A05582 Summary:

BILL NOA05582A
 
SAME ASNo Same As
 
SPONSORBrown K
 
COSPNSRDeStefano, Lemondes, Flood
 
MLTSPNSR
 
Amd §1399-ii-1, Pub Health L
 
Requires certain persons attend the electronic cigarette and vaping prevention, awareness and control program.
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A05582 Actions:

BILL NOA05582A
 
03/16/2023referred to health
03/28/2023amend and recommit to health
03/28/2023print number 5582a
05/16/2023held for consideration in health
01/03/2024referred to health
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A05582 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5582A
 
SPONSOR: Brown K
  TITLE OF BILL: An act to amend the public health law, in relation to requiring certain persons attend the electronic cigarette and vaping prevention, awareness and control program   PURPOSE: Requires certain persons attend the electronic cigarette and vaping prevention, awareness and control program.   SUMMARY OF SPECIFIC PROVISIONS: 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. Section 2: Identifies effective date.   JUSTIFICATION: This bill would create an electronic cigarette and vaping prevention, awareness and control program in consultation and collaboration with the Commissioner of Education, 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, particular- ly among persons less than twenty-one years of age. The program would include, but not be limited to, the creation of age-appropriate instruc- tional tools and materials that may be used by all schools, and market- ing and advertising materials to discourage electronic cigarette use.. The department will also contact the parents and/or guardians of any found to be using or in possession of an electronic cigarette or vapor product while less than twenty-one years of age. Such person and the parents and/or guardians of such person would be required to attend the electronic cigarette or vapor product prevention, control and awareness program. Electronic cigarettes are a relatively recent product and\ manufacturers had previously geared marketing toward non-smoking youth, with a large assortment of sweet flavors of e-liquid and ad campaigns. Additionally, certain youth-targeting e-cigarettes were designed to be small and sleek, and refillable with user friendly pre-filled pods of liquid-mak- ing the device easy to conceal from authority figures. A single pod contains as much nicotine as a pack of cigarettes. The New York State Department of Health has received numerous reports from New York State physicians of severe pulmonary (lung-related) illness among patients ranging from 14 to 71 years of age who were using at least one vape product prior to becoming ill. Nicotine can harm the developing brain of adolescents and young adults, which can lead to lower impulse control and mood disorders, disrupt attention and learning among youth and young adults; and prime the developing brain for addiction to alcohol and other drugs, such as cocaine. With or without nicotine, e-cigarette aerosol is unsafe. E-cigarette aerosol can contain fine and ultrafine toxic particles that can interfere with the growth and work of the lungs and increase the risk of heart disease, lung cancer and asthma attacks, heavy metals such as lead, tin and nickel, chemicals used for flavoring such as diacetyl that can cause a serious lung disease called bronchiol- itis obliterarts; and volatile organic compounds (VOCs) that can cause long-term health effects including cancer. Many of the chemicals found in cigarette smoke are also found in e-cigarette aerosol. They include formaldehyde, also found in embalming fluid, cadmium, used in batteries, benzene, found in gasoline, and toluene, an industrial solvent. E-cigarette use among youth and young adults is a major public health concern because today's youth use e-cigarettes more than cigarettes, cigars, smokeless tobacco and hookah. In fact, almost five times as many high school students in New York State use e-cigarettes than smoke ciga- rettes and New York State smoking rate among youth is at a record low (4.3%), but their e-cigarette use doubled between 2014 and 2016 (from 10.5% to 20.696). While few high school students say they plan to try smoking cigarette, increased numbers are open to trying. e-cigarettes. More than half of teens believe nondaily e-cigarette use causes little or some harm and of young people who use e-cigarettes, a third falsely believe nondaily e-cigarette use is harmless. E-cigarette use does not prevent from smoking, in fact adolescents and young adults who use e-ci- garettes are at increased risk for starting Smoking and continuing' to smoke and more than half of high school students and young adults who smoke cigarettes also use e-cigarettes. This bill would create an educa- tional tool that would help educate and divert young people already at risk.   LEGISLATIVE HISTORY: 2021-22: A.10547   FISCAL IMPLICATIONS: None   EFFECTIVE ECTIVE DALE: 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
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A05582 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5582--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2023
                                       ___________
 
        Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
          tee on Health -- 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:
 
     1    Section 1. Section 1399-ii-1 of the public health  law,  as  added  by
     2  section  11  of part EE of chapter 56 of the laws of 2020, is amended to
     3  read as follows:
     4    § 1399-ii-1. Electronic cigarette and vaping prevention, awareness and
     5  control program. 1. The commissioner shall, in consultation and  collab-
     6  oration  with  the  commissioner  of education, establish and develop an
     7  electronic  cigarette  and  vaping  prevention,  control  and  awareness
     8  program within the department. Such program shall be designed to educate
     9  students, parents and school personnel about the health risks associated
    10  with  vapor product use and control measures to reduce the prevalence of
    11  vaping, particularly among persons less than twenty-one  years  of  age.
    12  Such  program shall include, but not be limited to, the creation of age-
    13  appropriate instructional tools and materials that may be  used  by  all
    14  schools, and marketing and advertising materials to discourage electron-
    15  ic cigarette use.
    16    2.  The  department  shall contact the parents and/or guardians of any
    17  such person enrolled in secondary education who is found to be using  or
    18  in  possession  of  an  electronic cigarette or vapor product while less
    19  than twenty-one years of age and inform them of  such  person's  use  or
    20  possession  of an electronic cigarette or vapor product. Such person and
    21  the parents and/or guardians of such person shall be required to  attend
    22  the electronic cigarette or vapor product prevention, control and aware-
    23  ness program established under subdivision one of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06710-02-3

        A. 5582--A                          2
 
     1    §  2.  This  act shall take effect on the ninetieth day after it shall
     2  have become a law. Effective immediately, the addition, amendment and/or
     3  repeal of any rule or regulation necessary  for  the  implementation  of
     4  this  act  on its effective date are authorized to be made and completed
     5  on or before such effective date.
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