Relates to MRSA and other infectious skin disease protection and education; establishes the interscholastic wrestling health training and education program.

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A8292-2011 Actions

• May 15, 2012: print number 8292a
• May 15, 2012: amend (t) and recommit to education
• Jan 4, 2012: referred to education
• Jun 10, 2011: referred to education

A8292-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    8292

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                June 10, 2011
                                 ___________

  Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
    Committee on Education

  AN ACT to amend the education law, in relation  to  health  requirements
    for wrestling

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 3001-d of the education law is  renumbered  section
  3001-e and a new section 3001-d is added to read as follows:

    S  3001-D.  HEALTH  REQUIREMENTS FOR WRESTLING.  1.  SCHOOL OFFICIALS,
  COACHES, AND REFEREES WHO  SUPERVISE  WRESTLING  AND  SCHOOL  STAFF  WHO
  ASSIST WRESTLING ACTIVITIES SHALL:

    (A)  DISINFECT  THE  WRESTLING  MAT  BEFORE EACH PRACTICE, BEFORE EACH
  COMPETITION AND WHENEVER DEEMED APPROPRIATE DURING SUCH TIMES;
    (B) REQUIRE THAT ANY PERSON WHO HAS PREVIOUSLY  CONTRACTED  AN  INFEC-
  TIOUS SKIN DISEASE THAT IS COMMUNICABLE TO PRESENT A NATIONAL FEDERATION
  OF  STATE  HIGH  SCHOOL  ASSOCIATIONS  (NFHS)/NEW YORK STATE PUBLIC HIGH
  SCHOOL ATHLETIC ASSOCIATION (NYSPHSAA) APPROVED INFECTIOUS DISEASE  FORM
  BEARING  A LICENSED PHYSICIAN'S STAMP OR SIGNATURE RELEASING SUCH PERSON
  TO PHYSICAL ACTIVITY PRIOR TO PARTICIPATING IN WRESTLING.
    2. (A) ANY FACILITY THAT HOSTS A WRESTLING TOURNAMENT SHALL HAVE WORK-
  ING SHOWERS WITH BOTH HOT AND COLD WATER AVAILABLE FOR STUDENTS OF  BOTH
  SEXES.
    (B)  FOR  PURPOSES OF THIS SECTION "TOURNAMENT" SHALL MEAN A WRESTLING
  COMPETITION BETWEEN THREE OR MORE SCHOOLS.
    3. NO FACILITY, SCHOOL DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD
  OF COOPERATIVE EDUCATIONAL SERVICES OR ANY AGENT THEREOF, SHALL BE  HELD
  LIABLE  FOR DAMAGES FOR INJURIES OR DEATH ALLEGED TO HAVE BEEN SUSTAINED
  BY A PUPIL ARISING SOLELY FROM A FAILURE TO  COMPLY  WITH  THIS  SECTION
  WHEN  THE  FACILITY,  SCHOOL  DISTRICT,  AUTHORIZING NONPUBLIC SCHOOL OR
  BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR  AGENT  THEREOF  ACTED  IN

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11233-13-1

 A. 8292                             2

  GOOD  FAITH  AND EXERCISED REASONABLE CARE IN THE COURSE OF CARRYING OUT
  THE DUTIES REQUIRED UNDER THIS SECTION.
    4.  THE  COSTS  OF  COMPLIANCE  WITH THIS SECTION, EXCLUDING THE COSTS
  RELATED TO THE REGULAR MAINTENANCE AND REPAIR OF SCHOOL FACILITIES,  BUT
  INCLUDING SUCH WAGES AND PROCUREMENTS NECESSARY FOR COMPLIANCE, SHALL BE
  BORNE BY THE STATE AND REIMBURSABLE TO THE SCHOOL.
    S  2. The education law is amended by adding a new section 921 to read
  as follows:

    S 921. DISSEMINATION OF INFORMATION FOR INFECTIOUS DISEASES.  (A)  ALL
  WRESTLING COACHES ARE REQUIRED TO COMPLETE ANNUALLY A COURSE OF INSTRUC-
  TION RELATING TO THE RECOGNITION, TREATMENT AND MONITORING OF PUPILS WHO
  SUFFER FROM INFECTIOUS SKIN DISEASES. THE COURSE OF INSTRUCTION REQUIRED
  BY  THIS  SUBDIVISION  SHALL  INCLUDE, BUT NOT BE LIMITED TO:  THE DEFI-
  NITION OF AN INFECTIOUS SKIN DISEASE, SIGNS AND SYMPTOMS  OF  INFECTIOUS
  SKIN  DISEASE,  GUIDELINES    FOR  CONDUCTING SKIN INSPECTIONS, HOW SUCH
  TRANSMISSIONS MAY OCCUR, THE IMPORTANCE OF CLEANLINESS  WITH  REGARD  TO
  SHOES  WORN BY PLAYERS, COACHES AND REFEREES THAT COME INTO CONTACT WITH
  THE MATS, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND  TO  WRESTLING
  ACTIVITIES AFTER A PUPIL HAS SUFFERED AN INFECTIOUS SKIN DISEASE REGARD-
  LESS  OF  WHETHER  THE  TRANSMISSION OF SUCH OCCURRED OUTSIDE OF SCHOOL.
  SUCH COURSE OF INSTRUCTION MAY INCLUDE, BUT SHALL NOT BE LIMITED  TO,  A
  WEBINAR  APPROVED  BY  THE  SCHOOL'S ATHLETIC ASSOCIATION.   SUCH COURSE
  SHALL NOT EXCEED SIXTY MINUTES IN LENGTH.
    (B) BILINGUAL INFORMATION SHALL BE PROVIDED TO EVERY PUPIL PARTICIPAT-
  ING IN WRESTLING, TO EACH WRESTLER WHO HAS SUFFERED AN  INFECTIOUS  SKIN
  DISEASE AND TO EACH COACH OF A WRESTLING TEAM.  THE INFORMATION REQUIRED
  BY THIS SUBDIVISION SHALL INCLUDE BUT NOT BE LIMITED TO:  THE DEFINITION
  OF  AN  INFECTIOUS  SKIN  DISEASE, SIGNS AND SYMPTOMS OF INFECTIOUS SKIN
  DISEASE, GUIDELINES  FOR CONDUCTING SKIN INSPECTIONS,  HOW  SUCH  TRANS-
  MISSIONS  MAY  OCCUR, THE IMPORTANCE OF CLEANLINESS WITH REGARD TO SHOES
  WORN BY PLAYERS, COACHES AND REFEREES THAT COME INTO  CONTACT  WITH  THE
  MATS,  AND  THE  GUIDELINES  FOR  THE  RETURN TO SCHOOL AND TO WRESTLING
  ACTIVITIES AFTER A PUPIL HAS SUFFERED AN INFECTIOUS SKIN DISEASE REGARD-
  LESS OF WHETHER THE TRANSMISSION OF SUCH  OCCURRED  OUTSIDE  OF  SCHOOL.
  SUCH  INFORMATION  MAY  BE  MADE AVAILABLE BY DIRECTING THE PUPIL TO THE
  DEPARTMENT OF HEALTH WEBSITE;  PROVIDED,  HOWEVER,  IF  A  PUPIL  CANNOT
  ACCESS  THE  WEBSITE THE SCHOOL SHALL MAKE THE WEBSITE AVAILABLE THROUGH
  SCHOOL RESOURCES OR SHALL DISTRIBUTE THE SAME.  NO PUPIL SHALL ENGAGE IN
  ORGANIZED PRACTICE FOR OR PARTICIPATE IN ANY  INTERSCHOLASTIC  WRESTLING
  ACTIVITY  ON  BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
  TIONAL SERVICES, UNLESS AND UNTIL THE  ATHLETE  SHALL  HAVE  SIGNED  AND
  RETURNED  A  STATEMENT ATTESTING THAT HE OR SHE HAS RECEIVED OR READ AND
  UNDERSTANDS THE INFORMATION REQUIRED BY THIS SECTION. SUCH STATEMENT MAY
  BE INCLUDED ON ANY EXISTING FORM ADMINISTERED BY THE SCHOOL TO A  WREST-
  LER THAT REQUIRES THE ATHLETE'S SIGNATURE FOR PARTICIPATION IN WRESTLING
  ACTIVITIES.   EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
  SERVICES SHALL MAINTAIN ON FILE IN THE ATHLETIC DIRECTOR'S OFFICE FOR AT
  LEAST ONE YEAR A COPY OF EACH STATEMENT RECEIVED. ANY  NONPUBLIC  SCHOOL
  SHALL IMPLEMENT THE PROVISIONS OF SUCH RULES AND REGULATIONS.
    (C) NO SCHOOL DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD OF COOP-
  ERATIVE  EDUCATIONAL SERVICES OR ANY AGENT THEREOF, SHALL BE HELD LIABLE
  FOR DAMAGES FOR INJURIES OR DEATH ALLEGED TO HAVE BEEN  SUSTAINED  BY  A
  PUPIL ARISING SOLELY FROM A FAILURE TO COMPLY WITH THIS SECTION WHEN THE
  SCHOOL  DISTRICT,  AUTHORIZING  NONPUBLIC SCHOOL OR BOARD OF COOPERATIVE
  EDUCATIONAL SERVICES, OR AGENT THEREOF ACTED IN GOOD FAITH AND EXERCISED

 A. 8292                             3

  REASONABLE CARE IN THE COURSE OF CARRYING OUT THE DUTIES REQUIRED  UNDER
  THIS SECTION.
    S  3.    This  act  shall  take effect on September 1, 2012; provided,
  however, that effective  immediately,  the  addition,  amendment  and/or
  repeal  of  any  rule  or regulation necessary for the implementation of
  this act on its effective date are authorized and directed  to  be  made
  and completed on or before such effective date.