New York A 8540: Enacts the Fentanyl Fathers and Mothers Act

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          8540
                               2025-2026 Regular Sessions
                   IN ASSEMBLY
                                      May 20, 2025
                                       ___________
        Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
          tee on Education
        AN ACT to amend the education law, in relation to enacting the "Fentanyl
          Fathers and Mothers act"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Fentanyl Fathers and Mothers act".
     3    § 2. Legislative  findings  and  intent.  The  legislature  finds  and
     4  declares that:
     5    (a) Fentanyl abuse and drug poisoning have become a significant public
     6  health crisis, with deadly consequences, particularly among youth;
     7    (b)  Public  awareness,  education,  and  the ability to recognize the
     8  signs of fentanyl poisoning are essential to saving lives;
     9    (c) Bereaved parents, who have lost children to fentanyl, can  provide
    10  the  most  compelling and impactful testimony to educate students on the
    11  dangers of fentanyl; and
    12    (d) Therefore, it is the intent of the legislature to mandate  compre-
    13  hensive fentanyl education and awareness in New York schools by leverag-
    14  ing  personal  stories  from  bereaved  parents, providing students with
    15  essential life-saving knowledge, and ensuring that naloxone is available
    16  to protect against overdose deaths. Through  these  measures,  this  act
    17  aims to save lives and prevent further tragedy due to fentanyl.
    18    §  3.  Subdivisions  2  and  4 of section 804 of the education law, as
    19  amended by chapter 390 of the laws of  2016,  are  amended  to  read  as
    20  follows:
    21    2. All schools shall include, as an integral part of health education,
    22  instruction so as to discourage the misuse and abuse of alcohol, tobacco
    23  and  other  drugs and,  including  fentanyl and other synthetic opioids,
    24  promote attitudes and behavior that  enhance  health,  well  being,  and
    25  human dignity.
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD11972-02-5

        A. 8540                             2
     1    4.  Instruction regarding alcohol, tobacco, and other drugs, including
     2   in addition  to  continued  healthfentanyl and other synthetic opioids,
     3  guidance  in  the junior high school grades and the senior high schools,
     4  shall be an integral part of a required health education course at  each
     5  of  these  levels in the secondary schools curriculum. Students shall be
     6  required to demonstrate knowledge in the subject area through the use of
     7  a test, graded project or report, or any other means prescribed  by  the
     8  school  authorities  regarding  alcohol,  drugs,  and tobacco, including
     9  . Any such course shall be taught byfentanyl and other synthetic opioids
    10  teachers holding a certificate to teach health. Related courses  in  the
    11  secondary  school  curriculum  shall be taught in a manner supportive of
    12  health education regarding alcohol, tobacco, and other drugs,  including
    13  . In addition, instruction regardingfentanyl and other synthetic opioids
    14  the  dangers  of  driving  while under the influence of alcohol or drugs
    15  shall be an integral part of a required health education course  in  the
    16  senior  high  schools.  Such instruction shall be provided in all senior
    17  high schools whether or not these schools also provide driver  education
    18  courses.
    19    §  4.  The  education  law is amended by adding a new section 804-e to
    20  read as follows:
    21    § 804-e. Fentanyl education, awareness and recognition. 1. The depart-
    22  ment, in consultation with the department of health, shall  develop  and
    23  adopt  a  comprehensive  fentanyl  education, awareness, and recognition
    24  program for all public, charter, and private schools in the state.
    25    2. The program shall include, at a minimum, instruction on the follow-
    26  ing topics:
    27    (a) the nature of fentanyl and its analogs, risks, and lethal dose;
    28    (b) the dangers of unprescribed pills,  especially  those  laced  with
    29  fentanyl;
    30    (c) recognition of fentanyl overdose symptoms, including how to admin-
    31  ister naloxone and use fentanyl test strips;
    32    (d)  stories  from bereaved parents who have lost children to fentanyl
    33  p