BILL NO A01747A
SAME AS No same as
SPONSOR Zebrowski (MS)
COSPNSR Colton, Jaffee, Lavine, Weprin, Millman, Braunstein
Add S3001-e, Ed L
Requires neurocognitive assessment of high school athletes before participation
in contact sports and following any concussion and traumatic head injury and
requires public school coaches to receive training in the recognition and
management of concussions and traumatic head injuries.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. ZEBROWSKI, COLTON, JAFFEE, LAVINE, WEPRIN, MILL-
MAN, BRAUNSTEIN -- Multi-Sponsored by -- M. of A. TITONE -- read once
and referred to the Committee on Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
AN ACT to amend the education law, in relation to requiring neurocogni-
tive assessment of high school athletes before participation in
contact sports and following any concussion or traumatic head injury
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "concus-
2 sion and head injury management act".
3 S 2. The education law is amended by adding a new section 3001-e to
4 read as follows:
5 S 3001-E. CONCUSSION AND HEAD INJURY MANAGEMENT. 1. DEFINITIONS. AS
6 USED IN THIS SECTION:
7 A. "ATHLETE" MEANS A PERSON ENROLLED IN A PUBLIC SCHOOL WHO ENGAGES IN
8 COMPETITIVE SPORTS AT A HIGH SCHOOL.
9 B. "CONCUSSION" MEANS A MILD BRAIN INJURY CAUSED BY A BLOW TO THE HEAD
10 OR A SUDDEN, VIOLENT MOTION THAT CAUSES THE BRAIN TO BUMP UP AGAINST THE
12 C. "CONTACT SPORT" MEANS BASKETBALL, BASEBALL, FOOTBALL, SOFTBALL,
13 SOCCER, WRESTLING, ICE HOCKEY, FIELD HOCKEY, CHEERLEADING, LACROSSE,
14 SKIING OR VOLLEYBALL.
15 D. "NEUROCOGNITIVE ASSESSMENT" MEANS SPECIALIZED EVALUATION THAT IS
16 PRIMARILY CONCERNED WITH LEARNING AND BEHAVIOR IN RELATIONSHIP TO BRAIN
17 FUNCTION TO DETERMINE WHETHER AN ATHLETE HAS RECOVERED FROM A TRAUMATIC
18 BRAIN INJURY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 1747--A 2
1 2. EACH SCHOOL DISTRICT SHALL IMPLEMENT A NEUROCOGNITIVE TESTING
2 PROGRAM FOR ALL ATHLETES PARTICIPATING IN A CONTACT SPORT AND SHALL
4 A. A VALID BASELINE NEUROCOGNITIVE ASSESSMENT CONDUCTED PRIOR TO
5 PARTICIPATION IN THE SPORT. THE BASELINE TESTING WILL BE PERFORMED
6 EITHER THROUGH A CONCUSSION MANAGEMENT PROFESSIONAL OR NEUROCOGNITIVE
7 ASSESSMENT TOOL. A BASELINE TESTING ASSESSMENT FOR AN ATHLETE SHALL BE
8 VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE OF THE ASSESSMENT; AND
9 B. A POST-INJURY NEUROCOGNITIVE TESTING CONDUCTED AFTER AN ATHLETE
10 SUFFERS ANY CONCUSSION OR TRAUMATIC HEAD INJURY.
11 3. A. ANY HIGH SCHOOL ATHLETE WHO IS SUSPECTED OF SUSTAINING A CONCUS-
12 SION OR TRAUMATIC HEAD INJURY DURING PRACTICE OR COMPETITION MUST BE
13 REMOVED FROM THE PRACTICE OR GAME IMMEDIATELY FOLLOWING THE INJURY.
14 B. AN ATHLETE WHO HAS BEEN REMOVED FROM A COMPETITION OR PRACTICE DUE
15 TO A SUSPECTED HEAD INJURY SHALL NOT RETURN TO PLAY:
16 (1) UNLESS THE ATHLETE HAS UNDERGONE AND SUCCESSFULLY COMPLETED A
17 POST-INJURY NEUROCOGNITIVE TEST AS DESCRIBED IN SUBDIVISION TWO OF THIS
18 SECTION; AND
19 (2) AFTER THE ATHLETE HAS SUCCESSFULLY COMPLETED A NEUROCOGNITIVE
20 TEST, A LICENSED HEALTH CARE PROFESSIONAL HAS EVALUATED THE ATHLETE AND
21 HAS GIVEN WRITTEN PERMISSION TO RESUME SPORTS ACTIVITY.
22 C. A RECORD OF ALL CONCUSSIONS OR TRAUMATIC HEAD INJURIES SUFFERED BY
23 A HIGH SCHOOL ATHLETE SHALL BE KEPT WITH THE SCHOOL'S NURSE.
24 S 3. This act shall take effect July 1, 2014 and shall apply to all
25 school years commencing on or after such date; provided that effective
26 immediately, the commissioner of education is authorized and directed to
27 promulgate all rules and regulations and take all actions necessary to
28 implement the provisions of this act on or before its effective date.