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.
STATE OF NEW YORK
________________________________________________________________________
8424
2015-2016 Regular Sessions
IN ASSEMBLY
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 § 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 § 3. This act shall take effect immediately.
