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.
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): DeFrancisco
BILL NUMBER:S3953B REVISED 06/09/11
TITLE OF BILL: An act to amend the education law and the public health 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
PURPOSE OR GENERAL IDEA OF BILL: This bill establishes the "concussion management and awareness act."
SUMMARY OF SPECIFIC PROVISIONS: Section 1 establishes the concussion management and awareness act. Section 2 amends section 305 of the education law to require the commissioner of education, in conjunction with the commissioner of health, to promulgate rules and regulations relating to pupils who suffer mild traumatic brain injuries in school sponsored or related activities: requiring a course of instruction relating to recognizing the symptoms of mild traumatic brain injuries and the monitoring and seeking proper medical treatment for pupils who are injured; requiring information about traumatic brain injuries to be posted on websites of the State Education Department, the Department of Health and school districts as well as included on any parent permission or consent form; requiring the immediate removal from athletic activities of any pupil believed to have sustained a mild traumatic head injury and authorization from a licensed physician for return to athletic activity; and authorizing a school district, in its discretion, to establish a concussion management team. Section 3 amends Section 206 of the public health law to add a new subdivision 28 to direct the commissioner of health to assist the commissioner of education in developing rules and regulations required under this section. Section 4 is the effective date.
JUSTIFICATION: In every school district students participate in interscholastic sports, intramural sports and physical education classes Concussions can occur in any of these sports and classes. A concussion is considered a traumatic brain injury and can cause harmful, long-term effects to brain functions. It is therefore critical that New York establish guidelines to protect our students.
This legislation establishes the necessary guidelines. It requires coaches, teachers and other school personnel to be trained about the symptoms of mild traumatic brain injuries and the importance of
proper medical treatment. In addition, the State Education Department, the Department of Health and school districts will post on their internet websites information for parents and students about how brain injuries occur, the signs and symptoms of such injuries and guidelines about returning to school, physical education classes and sports after an injury. This information will also be included in permission and consent forms which parents or persons in parental relationship to a student must sign to allow their children to participate in sports. The State Education Department, in conjunction with the Department of Health will promulgate the necessary rules and regulations. In developing these regulations, the department will consider input from parents and students, teachers and school administrators, physical education teachers and sports trainers and coaches/ the Public Schools Athletic League (PSAL) in New York City and the New York State Public High Schools athletic association and medical and health professionals.
The legislation also requires the immediate removal of any student who has or who may have suffered a concussion. No student who has or who may have suffered a concussion may return to athletic activities unless the student has been symptom free for at least twenty-four hour and a licensed physician has authorized the student's return.
These policies will promote prevention of injury and assure that students receive the appropriate medical attention and treatment when they are injured. This will reduce the risk of long-term complications and will encourage parents, students and coaches to take preventative steps to avoid such significant injuries.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3953--B Cal. No. 280 2011-2012 Regular Sessions IN SENATE March 10, 2011 ___________Introduced by Sens. HANNON, MAZIARZ, BALL, ADAMS, ALESI, AVELLA, CARLUC- CI, FUSCHILLO, HUNTLEY, LARKIN, LAVALLE, NOZZOLIO, SQUADRON, ZELDIN -- 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law and the public health 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 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 305 of the education law is amended by adding a new subdivision 42 to read as follows: 42. A. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, SHALL PROMULGATE AND REVIEW AS NECESSARY RULES AND REGULATIONS RELATING TO 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. IN DEVELOPING SUCH RULES AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER COMMENTS FROM STAKE- HOLDERS AND OTHER INTERESTED PARTIES INCLUDING BUT NOT LIMITED TO PARENTS, TEACHERS, STUDENTS, SCHOOL ADMINISTRATORS, SCHOOL ATHLETIC TRAINERS, SPORT COACHES, MEDICAL AND HEALTH PROFESSIONALS, THE PUBLIC SCHOOLS ATHLETIC LEAGUE (PSAL), THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION (NYSPHSAA), AND OTHER ATHLETIC ASSOCIATIONS. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09691-10-1 S. 3953--B 2
(I) REQUIRING A COURSE OF INSTRUCTION RELATING TO RECOGNIZING THE SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES AND MONITORING AND SEEKING PROPER MEDICAL TREATMENT FOR PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJURIES. SUCH COURSE OF INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAINERS. 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, PRACTICES REGARDING PREVENTION, AND THE GUIDE- LINES 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, COURS- ES PROVIDED ONLINE AND BY TELECONFERENCE APPROVED BY THE DEPARTMENT; (II) PROVIDING THAT THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL POST ON THEIR INTERNET WEBSITES INFORMATION RELATING TO MILD TRAUMATIC BRAIN INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFI- NITION 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. SCHOOLS SHALL BE REQUIRED TO INCLUDE SUCH INFORMATION IN ANY PERMISSION FORM OR PARENT OR PERSON IN PARENTAL RELATION CONSENT FORM OR SIMILAR DOCUMENT THAT MAY BE REQUIRED FOR A PUPIL'S PARTIC- IPATION IN INTERSCHOLASTIC SPORTS AND SHALL ALSO INCLUDE SUCH INFORMA- TION, OR REFERENCE HOW TO OBTAIN SUCH INFORMATION FROM THE DEPARTMENT AND THE DEPARTMENT OF HEALTH INTERNET WEBSITES, ON THE SCHOOL'S INTERNET WEBSITE, IF ONE EXISTS; (III) REQUIRING THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES OF ANY PUPIL BELIEVED TO HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD TRAUMATIC BRAIN INJURY. 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 LICENSED PHYSICIAN. 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. (IV) AUTHORIZING EACH SCHOOL OR SCHOOL DISTRICT, IN ITS DISCRETION, TO ESTABLISH A CONCUSSION MANAGEMENT TEAM WHICH MAY BE COMPOSED OF THE ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN, A COACH OF AN INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER OR SUCH OTHER APPROPRIATE PERSONNEL AS DESIGNATED BY THE SCHOOL OR SCHOOL DISTRICT. THE CONCUSSION MANAGEMENT TEAM SHALL OVERSEE THE IMPLEMENTATION OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION AS IT PERTAINS TO THEIR ASSOCIATED SCHOOL INCLUDING THE REQUIREMENT THAT ALL SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAIN- ERS THAT WORK WITH AND PROVIDE INSTRUCTION TO PUPILS ENGAGED IN SCHOOL SPONSORED ATHLETIC ACTIVITIES COMPLETE TRAINING RELATING TO MILD TRAU- MATIC BRAIN INJURIES. FURTHERMORE, EVERY CONCUSSION MANAGEMENT TEAM MAY ESTABLISH AND IMPLEMENT A PROGRAM WHICH PROVIDES INFORMATION ON MILD TRAUMATIC BRAIN INJURIES TO PARENTS AND PERSONS IN PARENTAL RELATION THROUGHOUT EACH SCHOOL YEAR.S. 3953--B 3
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 PUBLIC SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. SUCH RULES AND REGULATIONS MAY ALSO BE IMPLEMENTED BY NONPUBLIC SCHOOLS IF THEY SO AUTHORIZE. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY PUBLIC SCHOOL OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT STANDARDS. S 3. Section 206 of the public health law is amended by adding a new subdivision 28 to read as follows: 28. THE COMMISSIONER SHALL ASSIST THE COMMISSIONER OF EDUCATION IN DEVELOPING 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 4. 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.