New York S 9495: Requires certain persons attend the electronic cigarette and vaping prevention, awareness and control program

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S09495 Summary:

BILL NOS09495 

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SAME ASSAME AS A05707-A

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SPONSORFERNANDEZ

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COSPNSR

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MLTSPNSR

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Amd §1399-ii-1, Pub Health L

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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.

Go to top S09495 Actions:

BILL NOS09495 

&nbsp

03/18/2026REFERRED TO HEALTH

Go to topS09495 Committee&nbspVotes:

Go to topS09495 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09495 Text:

 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 shal