Enacts the "concussion management and awareness act"; directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; requires school personnel to receive training in mild traumatic brain injuries; such rules and regulations shall apply to school districts and boards of cooperative educational services; requires provisions of information pamphlet on mild traumatic brain injuries to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury; requires written consent of and acknowledgment of receipt of such pamphlet by parents prior to participation in interscholastic sports; provides for the establishment of concussion management teams to implement such provisions.
PURPOSE: Directs commissioners of education and health to adopt rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries
SUMMARY OF PROVISIONS:
Section 1. Creates the short title, "Concussion Management and Awareness Act."
Section 2. Amends section 206 of the public health law to add a new subdivision 28 that would require the Commissioner of Health to work in conjunction with the Commissioner of Education to promulgate rules and regulations relating to pupils who suffer mild traumatic brain injuries and provide for the posting of the information on the Department of Health (DOH) website.
Section 3. Amends section 305 of the education law to add a new subdivision 42 which will require the Commissioner of Education, the Commissioner of Health, and other articulated entities to:
o Promulgate, implement, and update rules and regulations establishing a course of instruction relating to concussions that will be required to be completed on a biennial basis by certain school personnel.
o Promulgate, implement, and update rules and regulations establishing an informational pamphlet relating to concussions that must be provided to specified persons and posted on the websites of the Department of Education and Department of Health. Require a signed statement by those in parental relation to a pupil attesting that they have received and understand the pamphlet prior to any practice or participation in any interscholastic sport on behalf of the school district.
a Promulgate, implement, and regularly update rules and regulations requiring every school district to establish a concussion management team that includes specified school personnel. The concussion management team will have the primary responsibility of implementing rules and regulations relative to concussions and will ensure that appropriate faculty are provided with training relating to concussions.
o Promulgate, implement and regularly update rules and regulations to be carried out by each concussion management team including the immediate removal from athletic activities of a pupil believed to have sustained or who has sustained a concussion, the reporting of such injury to the Education Department, and the evaluation of the pupil pursuant to guidelines established by the Education Department. In the event that there is any doubt as to whether a pupil has sustained a concussion, it shall be presumed that he/she has sustained a concussion until proven otherwise. No pupil shall resume athletic activity until they are symptom free for 24 hours and have been evaluated and received written and signed authorization from a physician trained in the evaluation and treatment of concussions.
Such guidelines are considered to be the minimum guidelines that must be complied with by a school district.
Section 4. Amends Article 9 of the general obligations law to add a new title 3 to read "Liability of Schools."
o Includes sections 9-301 and 9-303 which will limit liability for school districts and not-for-profit youth sports programs for any personal injury or death given certain conditions.
JUSTIFICATION: A concussion is a type of traumatic brain injury (TBI) that can significantly impact-the way a healthy brain functions. If left untreated, concussions can lead to permanent brain damage or even death. According to the Centers for Disease Control and Prevention, an estimated 1.7 million people sustain a TBI injury nationally. Of these, 52,000 die and 275,000 are hospitalized.
TBI is a contributing factor to a third of all injury-related deaths in the United States. The number of concussions sustained by youth is significant. The CDC reports that each year, U.S. emergency departments treat an estimated 135,000 sports and recreation-related TBIs, including concussions, among children ages 5 to 18. Furthermore, according to the National Center for Injury Prevention, forty-seven percent of high school football players receive a concussion each season. To that end, statistically, the risk of future concussions increases significantly once an athlete suffers from a concussion. While athletes highlight the significant concerns of concussions, children and teens, in general, are more likely to get a concussion, and have a longer recovery time than adults.
The Centers for Disease Control and Prevention recommend that as part of concussion prevention, each school district have a concussion management policy in order to treat and manage concussions among their students, and educate parents, coaches, and students about the dangers of concussions. Often, athletes and pupils, as well as parents and coaches, cannot identify the symptoms of a concussion. This legislation would require that each school district have a concussion management team composed of health and sports staff with the charge to collaborate and implement guidelines set forth by the Department of Health and Department of Education. The term will be responsible for overseeing staff training, educating parents and students about concussions, and helping to transition students who have sustained a concussion back into school as well as back into play consistent with specified guidelines.
By instituting these policies, school districts will facilitate early identification of concussions and thereby reduce the risk of long-term complications. In the future, this legislation will encourage parents, students, and coaches to take preventative steps to avoid such significant injuries.
LEGISLATIVE HISTORY: S.7161 of 2009-2010
The fiscal implications on school districts will be mitigated through the use training courses facilitated through online and conference call means. Such courses will be approved through the Department of Education and are projected to have minimal costs.
LOCAL FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date on which it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 3953--A 2011-2012 Regular Sessions IN SENATE March 10, 2011 ___________Introduced by Sens. HANNON, MAZIARZ, BALL, DeFRANCISCO, LARKIN, NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the education law, in relation to directing the commissioners of education and health to establish rules and regulations for the treatment and monitoring of students of school districts, boards of cooperative educational services and nonpublic schools who suffer mild traumatic brain injuries; and to amend the general obligations law, in relation to the liability of school districts, nonpublic schools and boards of cooperative educa- tional services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "concussion management and awareness act". S 2. Section 206 of the public health law is amended by adding a new subdivision 28 to read as follows: 28. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF EDUCA- TION, SHALL PROMULGATE RULES AND REGULATIONS, RELATING TO PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJURIES, IN ACCORDANCE WITH SUBDIVISION FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, AND PROVIDE FOR THE POSTING ON THE DEPARTMENT'S INTERNET WEBSITE OF SUCH INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION. S 3. Section 305 of the education law is amended by adding a new subdivision 42 to read as follows: 42. A. THE COMMISSIONER AND THE COMMISSIONER OF HEALTH, IN CONSULTA- TION AND COOPERATION WITH THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION, PUBLIC AND NONPUBLIC SCHOOL ATHLETIC TRAINERS, PUBLIC AND NONPUBLIC SCHOOL INTERSCHOLASTIC SPORTS COACHES AND PUBLIC SCHOOL MEDICAL AND HEALTH PROFESSIONALS, SHALL:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09691-07-1 S. 3953--A 2
(I) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS ESTABLISHING A COURSE OF INSTRUCTION RELATING TO THE RECOGNITION, TREAT- MENT AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJURIES, ALSO REFERRED TO AS A "CONCUSSION", WHILE RECEIVING INSTRUCTION OR ENGAGING IN ANY SCHOOL SPONSORED OR RELATED ACTIVITY. SUCH COURSE OF INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAINERS OF EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND BE COMPLETED BY SUCH PERSONNEL EMPLOYED BY AN AUTHORIZING NONPUBLIC SCHOOL. THE COURSE OF INSTRUCTION REQUIRED BY THIS SUBPARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEFINITION OF A "CONCUSSION", SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED OUTSIDE OF SCHOOL. SUCH TRAINING MAY BE COMPLETED BY MEANS OF COURSES OF INSTRUCTION, INCLUDING BUT NOT LIMITED TO, COURSES PROVIDED ONLINE AND BY TELECONFERENCE APPROVED BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH; (II) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS ESTABLISHING AN INFORMATIONAL PAMPHLET RELATING TO MILD TRAUMATIC BRAIN INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A "CONCUSSION", SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED OUTSIDE OF SCHOOL. SUCH INFORMATIONAL PAMPHLET SHALL BE PROVIDED TO EVERY PUPIL PARTICIPATING IN INTERSCHOLASTIC SPORTS AND TO THE PERSON IN PARENTAL RELATION TO SUCH PUPIL, TO EACH PUPIL WHO HAS SUFFERED A MILD TRAUMATIC BRAIN INJURY AND TO THE PERSON IN PARENTAL RELATION TO SUCH PUPIL, TO EVERY TEACHER OF PHYSICAL EDUCATION, TO EACH COACH OF AN INTERSCHOLASTIC TEAM, TO EACH MEMBER OF A CONCUSSION MANAGEMENT TEAM ESTABLISHED PURSU- ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, AND SHALL BE POSTED ON THE INTERNET WEBSITES OF THE DEPARTMENT AND THE DEPARTMENT OF HEALTH. NO PUPIL SHALL ENGAGE IN ORGANIZED PRACTICE FOR OR PARTICIPATE IN ANY INTERSCHOLASTIC SPORT ON BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES, UNLESS AND UNTIL THE PERSON IN PARENTAL RELATION TO SUCH PUPIL SHALL HAVE SIGNED AND RETURNED A STATEMENT ATTESTING THAT HE OR SHE HAS RECEIVED, READ AND UNDERSTANDS THE INFORMA- TIONAL PAMPHLET REQUIRED BY THIS SUBPARAGRAPH. EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL MAINTAIN ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD, A COPY OF EACH PARENTAL STATEMENT RECEIVED. ANY NONPUBLIC SCHOOL MAY IMPLEMENT THE PROVISIONS OF SUCH RULES AND REGULATIONS; (III) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS REQUIRING EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND AUTHORIZING NONPUBLIC SCHOOLS, TO ESTABLISH A CONCUSSION MANAGEMENT TEAM. EACH CONCUSSION MANAGEMENT TEAM SHALL BE COMPOSED OF THE ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN, A COACH OF AN INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER AND SUCH OTHER APPROPRIATE PERSONNEL AS SHALL BE DESIGNATED BY THE DISTRICT OR BOARD. THE CONCUSSION MANAGEMENT TEAM SHALL BE THE ENTITY WITH THE PRIMARY RESPONSIBILITY OF IMPLEMENTING THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH IN ITS SCHOOL DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES. IN PARTICULAR, A CONCUSSION MANAGEMENT TEAM SHALL ENSURE THAT EVERY COACH, ASSISTANT COACH, VOLUNTEER COACH, PHYSICALS. 3953--A 3
EDUCATION TEACHER, NURSE AND ATHLETIC TRAINER THAT WORKS WITH AND PROVIDES INSTRUCTION TO PUPILS ENGAGED IN ATHLETIC ACTIVITIES SHALL HAVE COMPLETED TRAINING RELATING TO MILD TRAUMATIC BRAIN INJURIES. FURTHER- MORE, EVERY CONCUSSION MANAGEMENT TEAM MAY ESTABLISH AND IMPLEMENT A PROGRAM WHICH PROVIDES INFORMATION ON MILD TRAUMATIC BRAIN INJURIES TO PERSONS IN PARENTAL RELATIONS TO PUPILS THROUGHOUT EACH SCHOOL YEAR. (IV) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS, TO BE CARRIED OUT BY EACH CONCUSSION MANAGEMENT TEAM, WHICH SHALL PROVIDE FOR THE EVALUATION, TREATMENT AND MANAGEMENT OF PUPILS WHO ARE BELIEVED TO HAVE SUSTAINED MILD TRAUMATIC BRAIN INJURIES. SUCH RULES AND REGULATIONS SHALL REQUIRE THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES OF ANY PUPIL BELIEVED TO HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD TRAUMATIC BRAIN INJURY, THE REPORTING OF SUCH INJURY TO THE DEPARTMENT, AND AN EVALUATION OF SUCH PUPIL PURSUANT TO SPECIFIED GUIDELINES. IN THE EVENT THAT THERE IS ANY DOUBT AS TO WHETHER A PUPIL HAS SUSTAINED A CONCUSSION, IT SHALL BE PRESUMED THAT HE OR SHE HAS BEEN SO INJURED UNTIL PROVEN OTHERWISE. NO SUCH PUPIL SHALL RESUME ATHLETIC ACTIVITY UNTIL HE OR SHE SHALL HAVE BEEN SYMPTOM FREE FOR NOT LESS THAN TWENTY-FOUR HOURS, AND HAS BEEN EVALUATED BY AND RECEIVED WRITTEN AND SIGNED AUTHORIZATION FROM A PHYSICIAN TRAINED IN THE EVALUATION AND TREATMENT OF MILD TRAUMATIC BRAIN INJURIES. SUCH AUTHORIZATION SHALL BE KEPT ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD. FURTHERMORE, SUCH RULES AND REGULATIONS SHALL PROVIDE GUIDELINES FOR LIMITATIONS AND RESTRICTIONS ON SCHOOL ATTENDANCE AND ACTIVITIES FOR PUPILS WHO HAVE SUSTAINED MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE DIRECTIVES OF THE PUPIL'S TREATING PHYSICIAN. IN ADDITION TO THE REQUIREMENTS OF THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBPARAGRAPH, EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH AND UPDATE POLICIES, AS NEEDED AND CONSISTENT WITH THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH, THAT REFLECT THE MOST CURRENT AVAILABLE INFORMATION AND PRACTICES ON THE PREVENTION, RISK AND TREATMENT OF SPORTS-RELATED MILD TRAUMATIC BRAIN INJURIES. B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH BY EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. NOTHING IN THIS SUBDI- VISION SHALL PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT STANDARDS. S 4. Article 9 of the general obligations law is amended by adding a new title 3 to read as follows: TITLE 3 LIABILITY OF SCHOOLS SECTION 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES. 9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH SPORTS PROGRAMS. S 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES. A SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH OF A PERSON DUE TO ACTION OR INACTION OF ANY OTHER PERSON EMPLOYED BY SUCH DISTRICT, SCHOOL OR BOARD, WHEN SUCH ACTION OR INACTION TAKES PLACE UPON DISTRICT, SCHOOL OR BOARD PROP- ERTY DURING THE DELIVERY OF SERVICES THEREBY. S 9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH SPORTS PROGRAMS. 1. A SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-S. 3953--A 4
ATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH OF A PERSON DUE TO ACTION OR INACTION OF ANY OTHER PERSON EMPLOYED BY, VOLUNTEERING WITH OR UNDER CONTRACT WITH SUCH NOT-FOR-PRO- FIT YOUTH PROGRAM IF: A. THE ACTION OR INACTION TAKES PLACE ON SCHOOL DISTRICT PROPERTY DURING THE DELIVERY OF SERVICE BY THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM; B. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES PROOF OF BEING INSURED UNDER AN ACCIDENT AND LIABILITY POLICY FROM AN INSURER AUTHOR- IZED TO DO BUSINESS IN THIS STATE, THAT COVERS ANY PERSONAL INJURY OR DEATH ARISING FROM DELIVERY OF SERVICES. SUCH COVERAGE SHALL BE NOT LESS THAN FIFTY THOUSAND DOLLARS DUE TO BODILY INJURY OR DEATH TO ANY SINGLE PERSON, AND NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS DUE TO BODILY INJURY OR DEATH TO TWO OR MORE PERSONS IN ANY SINGLE INCIDENT; C. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES SUCH PROOF OF INSURANCE TO THE SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES PRIOR TO USING THE FACILITIES OF SUCH DISTRICT, SCHOOL OR BOARD; AND D. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES A STATEMENT AND PROOF OF COMPLIANCE WITH THE DISTRICT'S, SCHOOL'S OR BOARD'S POLICY AND GUIDELINES FOR THE TREATMENT AND MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES AND OTHER HEAD INJURIES. 2. FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS ONE OR MORE SPORTS TEAMS ORGANIZED PURSUANT TO A NOT-FOR-PROFIT OR SIMILAR CHARTER, OR WHICH ARE MEMBER TEAMS IN A LEAGUE ORGANIZED BY OR AFFIL- IATED WITH A COUNTY OR RECREATION DEPARTMENT. 3. ANY NOT-FOR-PROFIT YOUTH SPORTS PROGRAM MAY ADOPT AND IMPLEMENT THE STANDARDS AND REQUIREMENTS FOR MILD TRAUMATIC BRAIN INJURIES, ESTAB- LISHED BY THE COMMISSIONER OF EDUCATION PURSUANT TO SUBDIVISION FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW. NOTHING IN THIS TITLE SHALL BE DEEMED TO PROHIBIT THE ADOPTION AND IMPLEMENTATION OF STANDARDS WHICH ARE MORE STRINGENT. S 5. This act shall take effect on the first of July next succeeding the date on which it shall have become a law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.