Requires certain persons attend the electronic cigarette and vaping prevention, awareness and control program; requires the department of health to contact the parents and/or guardians of any person enrolled in secondary education who is found to be using or in possession of an electronic cigarette or vapor product while less than twenty-one years of age.
STATE OF NEW YORK
________________________________________________________________________
9495
IN SENATE
March 18, 2026
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
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
21 shall be required to attend the electronic cigarette or vapor product
22 prevention, control and awareness program established under subdivision
23 one of this section. The parent or guardian of such person shall also be
24 required to attend unless school personnel, including but not limited to
25 a school counselor, social worker, or administrator determine in consul-
26 tation with appropriate staff that notification to or attendance by the
27 parent or guardian would pose a risk to the health, safety, or welfare
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09925-03-6
S. 9495 2
1 of the student or would otherwise be contrary to the best interests of
2 the student. In such cases, the student may complete the program without
3 parental notification or attendance and the department may provide
4 alternative supportive services as appropriate.
5 3. Attendance at such program may be satisfied through in-person or
6 virtual participation, or through other alternative formats approved by
7 the department. The department shall ensure that sessions are offered at
8 varied times, including evenings or weekends where practicable. No
9 student, parent, or guardian shall be subject to penalty solely for
10 failure to attend where such failure is due to documented hardship,
11 including but not limited to employment obligations, caregiving respon-
12 sibilities, transportation barriers, disability, or other good cause
13 shown. In such cases, the department shall provide a reasonable alterna-
14 tive means of program completion.
15 4. The department shall promulgate guidelines establishing procedures
16 for implementation of this subdivision, including notice requirements,
17 reasonable timeframes for attendance and available alternatives in cases
18 of hardship. No student shall be subject to suspension, expulsion, or
19 referral to law enforcement solely for failure to attend such program.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law. Effective immediately, the addition, amendment and/or
22 repeal of any rule or regulation necessary for the implementation of
23 this act on its effective date are authorized to be made and completed
24 on or before such effective date.
