S04096 Summary:

Add Art 20 §§949 - 957, amd §3641, Ed L
Provides for random testing for anabolic steroids in athletes in public and private schools; appropriates $1,000,000 therefor.
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S04096 Actions:

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S04096 Committee Votes:

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S04096 Floor Votes:

There are no votes for this bill in this legislative session.
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S04096 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    February 3, 2023
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the education law, in relation  to  random  testing  for
          anabolic  steroids  in  athletes  in  public  and private schools; and
          making an appropriation therefor

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The education law is amended by adding a new article 20 to
     2  read as follows:
     3                                 ARTICLE 20
     5  Section 949. Legislative intent.
     6          950. Definitions.
     7          951. Required drug testing.
     8          952. School authority policy contents; prior written notice.
     9          953. Reliability and fairness safeguards.
    10          954. Disciplinary actions.
    11          955. Privacy, confidentiality and privilege safeguards.
    12          956. Required educational programs.
    13          957. Reporting.
    14    § 949. Legislative intent. This article  requires  the  department  to
    15  promulgate  rules  and regulations which shall be used as guidelines for
    16  public and private schools that are required to  institute  an  anabolic
    17  steroid testing program for their athletes.
    18    At  the  present time, this state has no regulations or guidelines for
    19  school districts or private schools to  establish  an  anabolic  steroid
    20  testing  program.  The department is directed to establish guidelines to
    21  be used in a uniform manner.
    22    Efforts to stop the abuse of anabolic steroids at the grassroots level
    23  is expected to be accomplished with local school participation.    Early
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4096                             2
     1  detection  and  intervention measures to complement existing drug educa-
     2  tional programs are instrumental in this effort.
     3    For  the  safety  and  well-being of all students, student athletes in
     4  particular, measures should  be  in  place  to  prevent  injury  to  the
     5  athlete,  teammates and/or opposing competitors. A random anabolic ster-
     6  oid testing procedure is a natural extension of the educational programs
     7  designed to encourage athletes to  respect  their  bodies  and  maintain
     8  healthy, drug free lives.
     9    An athlete under the influence of anabolic steroids has the ability to
    10  cause  serious  injury  to  himself  or herself and others. Local school
    11  districts and private schools have the responsibility of doing  what  is
    12  necessary  to  protect  student  athletes and to provide a level playing
    13  field of competition.
    14    § 950. Definitions. For the purposes of this article,  the  terms  and
    15  phrases defined in this section have the following meanings:
    16    1. "Confirmatory test" and "confirmatory retest" mean a drug test that
    17  uses a method of analysis approved by the commissioner under subdivision
    18  one  of section nine hundred fifty-one of this article as being reliable
    19  for providing specific  data  as  to  the  drugs  or  their  metabolites
    20  detected in an initial screening test.
    21    2.  "Drug"  means an anabolic steroid as defined in subdivision (h) of
    22  schedule II of section thirty-three hundred six  of  the  public  health
    23  law.
    24    3.  "Drug  testing"  and "drug test" mean analysis of a body component
    25  sample approved by the commissioner under  subdivision  one  of  section
    26  nine  hundred fifty-one of this article for the purpose of measuring the
    27  presence or absence of drugs or their metabolites in the sample tested.
    28    4. "Initial screening test" means a drug test which uses a  method  of
    29  analysis  approved  by the commissioner under subdivision one of section
    30  nine hundred fifty-one of this article as  being  capable  of  providing
    31  data as to general classes of drugs or their metabolites.
    32    5. "Positive test result" means a finding of the presence of drugs, or
    33  their metabolites in the sample tested in levels at or above the thresh-
    34  old  detection  levels  set by the commissioner under subdivision one of
    35  section nine hundred fifty-one of this article.
    36    6. "Random selection basis" means a mechanism, designed by the depart-
    37  ment, for selection of student athletes that (a)  results  in  an  equal
    38  probability  that  any pupil from a group of student athletes subject to
    39  the selection mechanism will be selected and (b) does  not  give  school
    40  authorities  discretion  to  waive  the selection of any student athlete
    41  selected under the mechanism unless the student  has  produced  evidence
    42  that  he  or  she is taking a drug under prescription by a duly licensed
    43  physician.
    44    7. "Reasonable suspicion" means a basis for forming a belief based  on
    45  specific facts and rational inferences drawn from those facts.
    46    8.  "School  authorities"  means  the athletic director of each public
    47  school district and each private school in the state, and the  coach  of
    48  the team on which a student athlete participates.
    49    9.  "Student athlete" means any child in the public or private schools
    50  of this state attending grades nine through twelve,  inclusive,  partic-
    51  ipating  in  any  interscholastic athletic competition, including cheer-
    52  leading.
    53    § 951. Required drug testing. 1. (a) The department shall by rule  and
    54  regulation establish guidelines for school authorities who are chosen to
    55  conduct  testing of student athletes under this article. Such guidelines
    56  shall include but not be limited to the requirements  of  this  article.

        S. 4096                             3
     1  The  department  is  required to choose thirty percent of the public and
     2  private high schools in the state for such drug testing,  and  at  least
     3  three  percent  of  the students in each chosen school shall undergo the
     4  testing.    Schools  required  to  do the testing shall be chosen by the
     5  commissioner.
     6    (b) School authorities shall not request a student athlete to  undergo
     7  drug testing except as authorized in this section.
     8    (c)  School authorities shall not request a student athlete to undergo
     9  testing unless the testing is done pursuant to a  written  drug  testing
    10  policy  that  contains  the minimum information required in section nine
    11  hundred fifty-two of this article.
    12    2. (a) The rules and regulations shall provide that a student may  not
    13  participate  in athletic competition sponsored or sanctioned by a public
    14  or private school unless the student agrees not to  use  anabolic  ster-
    15  oids,  and  the  student  submits  to random testing for the presence of
    16  illegal anabolic steroids in the student's body, and
    17    (b) The public or private school obtains from the parent  or  guardian
    18  of the student a statement signed by the parent and acknowledging that:
    19    (i) state law prohibits possessing, dispensing, delivering or adminis-
    20  tering an anabolic steroid in a manner not allowed by state law;
    21    (ii)  state law provides that bodybuilding, muscle enhancement, or the
    22  increase of muscle bulk or strength through the use of an anabolic ster-
    23  oid by a person in good health is not a valid medical purpose;
    24    (iii) only a medical doctor may prescribe an anabolic  steroid  for  a
    25  person; and
    26    (iv) a violation of state law concerning anabolic steroids is a crimi-
    27  nal offense punishable by imprisonment.
    28    3. School authorities may require a student athlete to undergo testing
    29  as part of an annual routine physical examination.
    30    4.  In  addition,  school authorities may require a student athlete to
    31  undergo testing on a random selection basis throughout the  school  year
    32  and  in  circumstances  where  the  school authorities have a reasonable
    33  suspicion that the student athlete:
    34    (a) is under the influence of anabolic steroids; or
    35    (b) has violated the school authorities' rules  prohibiting  the  use,
    36  possession,  sale  or  transfer  of  anabolic steroids while the student
    37  athlete is in school or on school property, provided the  rules  are  in
    38  writing  and contained in the drug testing policy of the school authori-
    39  ties.
    40    5. School authorities may require a pupil to undergo  testing  without
    41  prior  notice if the student athlete previously has been referred by the
    42  school authorities for chemical dependency treatment or  evaluation,  or
    43  is participating in a chemical dependency treatment program under a plan
    44  of the school authorities.
    45    6.  School  authorities  shall  not  conduct  testing  of  its student
    46  athletes using a testing laboratory owned and operated  by  such  school
    47  authorities.  Except  as  provided in subdivision eight of this section,
    48  school authorities shall not request or require  a  student  athlete  to
    49  contribute to or pay the cost of testing under this article.
    50    7. (a) Within three school days after notice of a positive test result
    51  on  a  confirmatory test, student athletes may submit information to the
    52  school authorities, in addition to  any  information  already  submitted
    53  under paragraph (c) of subdivision one of section nine hundred fifty-two
    54  of  this  article, to explain that result, or may request a confirmatory
    55  retest of the original sample at the student athlete's own expense.

        S. 4096                             4
     1    (b) Within three school days after receipt of  a  test  result  report
     2  from  the testing laboratory, school authorities shall inform in writing
     3  a student athlete who has undergone drug testing of  the  results  of  a
     4  positive  test  and  inform the student athlete in writing of the rights
     5  provided in this article.
     6    8. A student athlete may request a confirmatory retest of the original
     7  sample  at  the student athlete's own expense after notice of a positive
     8  test result on a confirmatory  test.  Within  five  working  days  after
     9  notice of the confirmatory test result, the student athlete shall notify
    10  the  school  authorities in writing of the pupil's intention to obtain a
    11  confirmatory retest. Within three working  days  after  receipt  of  the
    12  notice, the school authorities shall notify the original testing labora-
    13  tory  that  the  student athlete has requested the laboratory to conduct
    14  the confirmatory retest or transfer the  sample  to  another  laboratory
    15  licensed  to  conduct  the  confirmatory retest. The confirmatory retest
    16  shall use the same drug  threshold  detection  levels  as  used  in  the
    17  original  confirmatory test. If the confirmatory retest does not confirm
    18  the original positive test  result,  no  adverse  action  based  on  the
    19  original confirmatory test shall be taken against the student athlete.
    20    9.  A  student  athlete  has the right to request and receive from the
    21  school authorities a copy of the test result report on any test.
    22    § 952. School authority policy contents; prior written notice. 1.  The
    23  drug  testing  policy  of  school  authorities  shall conform to written
    24  guidelines promulgated by the department and shall, at  a  minimum,  set
    25  forth the following information:
    26    (a) the student athletes subject to testing under the policy;
    27    (b) the circumstances under which testing is required;
    28    (c)  provision  for  a  student  to explain the fact that he or she is
    29  taking an anabolic steroid under prescription by a duly licensed  physi-
    30  cian;
    31    (d)  the  consequences  of  refusal  of  a  student athlete to undergo
    32  anabolic steroid drug testing;
    33    (e) any disciplinary or other adverse action that may be  taken  based
    34  on  a  confirmatory  test verifying a positive test result on an initial
    35  screening test, including, but  not  limited  to,  denying  the  student
    36  athlete the privilege of participating in interscholastic athletics;
    37    (f)  the  right of a student athlete to explain a positive test result
    38  on a confirmatory test or request and pay for a confirmatory retest; and
    39    (g) any appeal procedures available.
    40    2. School authorities shall provide  written  notice  of  its  testing
    41  policy  to  all affected student athletes and their parents or guardians
    42  upon adoption of the policy and at the beginning of  each  school  year.
    43  School authorities shall also post notice in an appropriate and conspic-
    44  uous  location  on the public or private school premises that the public
    45  or private school has adopted a drug testing policy and that  copies  of
    46  the policy are available for inspection during regular school hours.
    47    §  953.  Reliability  and  fairness safeguards. School authorities who
    48  request or require a student athlete to undergo testing  shall  use  the
    49  services  of  a  licensed  testing laboratory with current certification
    50  from the Substance Abuse and Mental Health  Services  Administration  of
    51  the United States Department of Health and Human Services.
    52    §   954.   Disciplinary  actions.  1.  School  authorities  shall  not
    53  discharge, discipline, discriminate against or request or require  reha-
    54  bilitation  of  a student athlete on the basis of a positive test result
    55  from an initial screening test that has not been verified by a confirma-
    56  tory test.

        S. 4096                             5
     1    2. Disciplinary action against a student shall be provided by rule and
     2  regulation of the commissioner and shall provide a broad range of penal-
     3  ties which must include the following:
     4    (a)  a  written  public reprimand, subject to confidentiality require-
     5  ments imposed by this article or other law;
     6    (b) a probationary period, not to exceed three years, during  which  a
     7  student may be required to comply with reasonable conditions in order to
     8  participate  in  an  athletic competition sponsored or sanctioned by the
     9  school district or private school and avoid a more severe penalty; and
    10    (c) a suspension period, not to exceed three  years,  during  which  a
    11  student may be prohibited from participating in or practicing with other
    12  students  for  an  athletic  competition  sponsored or sanctioned by the
    13  school district or private school.
    14    § 955. Privacy, confidentiality and privilege safeguards. 1. A labora-
    15  tory shall only disclose to the  school  authorities  test  result  data
    16  regarding the presence or absence of anabolic steroids or their metabol-
    17  ites in a sample tested.
    18    2. Except as otherwise provided in section nine hundred fifty-seven of
    19  this  article, test result reports and other information acquired in the
    20  testing process shall be deemed to be private and confidential  informa-
    21  tion and shall not be disclosed by school authorities or laboratories to
    22  another  public school or private school or to a third-party individual,
    23  governmental agency, or private organization without the written consent
    24  of the student athlete and parent or guardian of  the  student  athlete.
    25  Test result reports and other information acquired in this testing proc-
    26  ess  may  be disclosed to school authorities and the parents or guardian
    27  of the student tested.
    28    3. Positive test results from a student athlete testing program  shall
    29  not be used as evidence in a criminal action against the school authori-
    30  ties or student athlete tested.
    31    4.  A  student  athlete  shall  be  given access to information in the
    32  student athlete's personal file relating to positive test result reports
    33  and other information acquired in the testing process,  and  conclusions
    34  drawn  from  and  actions  taken based on the reports and other acquired
    35  information.
    36    § 956. Required educational programs. The commissioner  shall  require
    37  in  each  public  or  private  high school chosen to do anabolic steroid
    38  testing that each employee who serves as an athletic coach  or  a  coach
    39  for  an  extracurricular athletic activity attend an educational program
    40  developed by the commissioner or a comparable program developed  by  the
    41  school  district  or  a  private  entity  with  relevant expertise as to
    42  anabolic steroid use and related issues.
    43    § 957. Reporting. 1. Every school district or private school in  which
    44  school  authorities  conduct testing of student athletes shall annually,
    45  on or before the first of July, report to the department the  number  of
    46  student  athletes  administered  drug  tests  during the previous school
    47  year, the number of positive test results from  confirmatory  tests  and
    48  confirmatory  retests during such school year, and any problems encount-
    49  ered in implementing the provisions of this article.
    50    2. The department shall compile, examine and evaluate the  information
    51  received  pursuant to subdivision one of this section, and, on or before
    52  the first of August of the third  calendar  year  commencing  after  the
    53  effective date of this article, shall submit to the governor, the tempo-
    54  rary president of the senate and the speaker of the assembly a report of
    55  its  findings  based on such information and a recommendation on whether

        S. 4096                             6
     1  testing for student athletes should be  mandatory  for  all  public  and
     2  private high schools.
     3    §  2.  Section  3641  of  the education law is amended by adding a new
     4  subdivision 18 to read as follows:
     5    18. Testing for anabolic steroids. a.  The  commissioner  shall,  upon
     6  application  therefor  and within amounts appropriated for such purpose,
     7  provide grants to school districts and  private  schools  which  conduct
     8  drug testing of students for anabolic steroids.
     9    b.  Grants  pursuant to this subdivision shall be equal to the cost of
    10  testing for the presence or absence of anabolic steroids in each student
    11  so tested by a school district or private school.
    12    c. The commissioner shall promulgate any rules and regulations  neces-
    13  sary for the implementation of the provisions of this subdivision.
    14    §  3.  The sum of one million dollars ($1,000,000), or so much thereof
    15  as may be necessary, is hereby appropriated to the education  department
    16  out of any moneys in the state treasury in the general fund to the cred-
    17  it of the local assistance account, not otherwise appropriated, and made
    18  immediately  available for the purpose of carrying out the provisions of
    19  subdivision 18 of section 3641 of the education law, as added by section
    20  two of this act. Such moneys shall be payable on the audit  and  warrant
    21  of the comptroller on vouchers certified or approved by the commissioner
    22  of education in the manner prescribed by law.
    23    § 4. This act shall take effect on the one hundred eightieth day after
    24  it  shall  have  become  a law; provided, however, that sections two and
    25  three of this act shall take effect on the first of July next succeeding
    26  the date on which it shall have become a law. Effective immediately  the
    27  addition,  amendment  and/or  repeal of any rule or regulation necessary
    28  for the implementation of this act on its effective date are  authorized
    29  to be made and completed on or before such date.
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