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

                                 9651--A
                                                        Cal. No. 782

                          I N  A S S E M B L Y

                              May 14, 2014
                               ___________

Introduced  by  M. of A. BENEDETTO, GOTTFRIED, SIMOTAS, MOSLEY, CLARK --
  Multi-Sponsored by -- M. of A. CAMARA, KEARNS, RIVERA -- read once and
  referred to the Committee on Health -- passed by Assembly  and  deliv-
  ered  to the Senate, recalled from the Senate, vote reconsidered, bill
  amended, ordered reprinted, retaining its place on the order of  third
  reading

AN  ACT to amend the public health law, in relation to including concus-
  sions within the New York state traumatic brain injury program

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

  Section  1. Section 2741 of the public health law, as added by chapter
196 of the laws of 1994, is amended to read as follows:
  S 2741. Definitions. As used in this article[, the term "traumatic]:
  1. "TRAUMATIC brain injury" means an  acquired  injury  to  the  brain
caused by an external physical force resulting in total or partial disa-
bility  or  impairment and shall include but not be limited to damage to
the central nervous system from anoxic/hypoxic episodes or damage to the
central nervous system from allergic conditions,  toxic  substances  and
other acute medical/clinical incidents. Such term shall include, but not
be  limited  to, open and closed brain injuries that may result in mild,
moderate or severe impairments in one or more  areas,  including  cogni-
tion,  language,  memory, attention, reasoning, abstract thinking, judg-
ment, problem-solving, sensory perceptual and motor  abilities,  psycho-
social  behavior, physical functions, information processing and speech.
Such term shall not include progressive  dementias  and  other  mentally
impairing  conditions,  depression  and  psychiatric  disorders in which
there is no known or obvious central nervous system  damage,  neurologi-
cal,  metabolic  and  other medical conditions of chronic, congenital or
degenerative nature or brain injuries induced by birth trauma.
  2. "CONCUSSION" MEANS A MILD TRAUMATIC INJURY TO  THE  BRAIN  THAT  IS
CHARACTERIZED BY IMMEDIATE AND TRANSIENT ALTERATION OF MENTAL STATUS AND
LEVEL OF CONSCIOUSNESS, RESULTING FROM MECHANICAL FORCE OR TRAUMA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13291-06-4
              

A. 9651--A                          2

  S 2. Subdivisions 3, 5 and 7 of section 2742 of the public health law,
as  added  by  chapter  196  of the laws of 1994, are amended to read as
follows:
  3. to develop and maintain a clearinghouse of information on traumatic
brain  injuries AND CONCUSSIONS, including but not limited to, resources
that support  the  development  and  implementation  of  community-based
services and rehabilitation;
  5.  to  develop  innovative  educational  programs  on  the causes and
prevention of traumatic brain injuries AND CONCUSSIONS, with an emphasis
on outreach campaigns.  Such programs and information shall include, but
not be limited to, treatment and services  for  persons  with  traumatic
brain injury AND/OR A CONCUSSION and their families;
  7. to gather and disseminate statistics and conduct investigations and
research  relating to the causes and prevention of traumatic brain inju-
ries AND CONCUSSIONS and the treatment of such injuries,  including  the
methods  and procedures for rehabilitation, including from time to time,
such publications for distribution to appropriate  scientific  organiza-
tions;
  S  3. Section 2744 of the public health law is amended by adding a new
subdivision 4 to read as follows:
  4. (A) WITHIN THE TRAUMATIC BRAIN INJURY SERVICES COORDINATING COUNCIL
THERE SHALL BE ESTABLISHED A CONCUSSION  MANAGEMENT  ADVISORY  COMMITTEE
WHICH  SHALL  DEVELOP RECOMMENDATIONS SPECIFIC TO CONCUSSION MANAGEMENT,
ACADEMIC SCHOLARSHIP, AND PUBLIC AWARENESS FOR SUBMISSION TO  THE  TRAU-
MATIC  BRAIN INJURY SERVICES COORDINATING COUNCIL FOR CONSIDERATION. THE
COMMITTEE SHALL CONSIST OF MEMBERS APPOINTED FROM THE MEMBERSHIP OF  THE
TRAUMATIC  BRAIN INJURY SERVICES COORDINATING COUNCIL BY A MAJORITY VOTE
OF THE COUNCIL. ADDITIONAL COMMITTEE MEMBERS MAY  BE  APPOINTED  BY  THE
COMMISSIONER AND SHALL HAVE DEMONSTRATED EXPERIENCE WITH OR EXPERTISE IN
ONE  OF  THE  FOLLOWING  AREAS:  PUBLIC HEALTH EXPERTISE RELATED TO MILD
TRAUMATIC BRAIN INJURIES AND CONCUSSIONS, ACADEMIC RESEARCH IN THE  AREA
OF TRAUMATIC BRAIN INJURIES AND CONCUSSION MANAGEMENT, AND PUBLIC AWARE-
NESS EXPERIENCE RELATED TO THE RECOGNITION OF MILD TRAUMATIC BRAIN INJU-
RIES  AND  CONCUSSIONS.  COMMITTEE  MEMBERSHIP  SHALL  NOT EXCEED TWELVE
MEMBERS. THE COMMITTEE MAY CONSULT WITH  A  MEMBER  OR  MEMBERS  OF  THE
PUBLIC  WHO  HAVE  DEMONSTRATED EXPERTISE AND INTEREST IN MILD TRAUMATIC
BRAIN INJURIES AND CONCUSSIONS.
  (B) THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  (I) METHODS TO RAISE PUBLIC AWARENESS OF MILD TRAUMATIC BRAIN INJURIES
AND CONCUSSIONS;
  (II)  THE  DEVELOPMENT  OF  OUTREACH  SERVICES  TO PROVIDE COORDINATED
INFORMATION REGARDING THE RECOGNITION AND MANAGEMENT OF  MILD  TRAUMATIC
BRAIN INJURIES AND CONCUSSIONS; AND
  (III)  THE  DEVELOPMENT  OF  A  CLEARINGHOUSE OF ACADEMIC RESEARCH AND
SCIENTIFIC FINDINGS RELATED TO THE RECOGNITION, MANAGEMENT,  AND  TREAT-
MENT OF MILD TRAUMATIC INJURIES AND CONCUSSIONS.
  S 4. This act shall take effect immediately.