S00185 Summary:

BILL NOS00185
 
SAME ASNo same as
 
SPONSORSQUADRON
 
COSPNSRHASSELL-THOMPSON
 
MLTSPNSR
 
Add Art 62 SS3050 - 3057, Ed L
 
Creates a concussion management advisory board to advise the education department on implementation of the best practices related to concussion management; including an interscholastic sports head injury awareness program.
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S00185 Actions:

BILL NOS00185
 
01/09/2013REFERRED TO EDUCATION
01/08/2014REFERRED TO EDUCATION
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S00185 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           185
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education law, in relation to establishing  the  New
          York state head injury awareness and prevention act
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new article 62  to
     2  read as follows:
     3                                 ARTICLE 62
     4             NEW YORK STATE HEAD INJURY AWARENESS AND PREVENTION
     5                                     ACT
     6  Section 3050. Short title.
     7          3051. Legislative intent.
     8          3052. Concussion management advisory board.
     9          3053. New York state head injury awareness program.
    10          3054. Definitions.
    11          3055. Interscholastic sports head injury awareness program.
    12          3056. All activity head injury awareness and outreach program.

    13          3057. Training course development and implementation.
    14    §  3050.  Short title. This article shall be known and may be cited as
    15  the "New York state head injury awareness and prevention act".
    16    § 3051. Legislative intent.  1. It is and has been  the  long-standing
    17  policy  of  the state of New York that the well-being of our children is
    18  paramount. The state also has a proud history of promoting the  develop-
    19  ment  of  healthy  minds  and  bodies  in our children by involvement in
    20  sports, which state policy has supported at all levels of our  education
    21  and  higher  education systems.   Reported mild traumatic brain injuries
    22  (TBIs), commonly known as concussions, occur at  all  levels  of  sports

    23  play.  The  New York state department of health reports that between the
    24  years two thousand six and two thousand  eight  more  than  twenty-three
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00195-01-3

        S. 185                              2
 
     1  thousand  school  aged  youth  visited  the emergency department or were
     2  hospitalized for concussions annually with the  cost  of  their  medical
     3  care  approaching  eighty  million dollars. The three year total cost of
     4  both  hospitalization and emergency department visits in the same period

     5  for all age groups in the state for treatment of TBIs was over a billion
     6  dollars.
     7    2. The legislature further finds that  early  intervention,  response,
     8  and  the proper evaluation and management of concussions will lessen the
     9  effects of this potentially life threatening injury.  It is essential to
    10  educate parents and guardians, students, coaches and school personnel on
    11  the early and accurate recognition of the signs and symptoms of  concus-
    12  sions  and  the potential harmful effects of head injuries not just on a
    13  child's physical well-being but on his or her  academic  performance  as
    14  well.
    15    3.  The legislature hereby declares that an advisory board composed of

    16  experts in the area of concussion diagnosis, treatment  and  management,
    17  who  will  serve  as advisors to the department and school districts, is
    18  critical to the success of this legislation and to implementation  of  a
    19  standardized  statewide  program, consistent across all school districts
    20  and regions of the state.
    21    4. The advisory board members, armed with current  knowledge  of  best
    22  practices  and  information  resources that may be deployed, will advise
    23  the department on the contents for a web-based information  kit,  forms,
    24  and  educational materials, that shall be made available to schools free
    25  of charge throughout the state such that they may effectively  implement
    26  programs  to  protect  participants in interscholastic sports, and other

    27  activities where head injuries may occur.
    28    § 3052. Concussion management advisory board.  1.    There  is  hereby
    29  established  in  the  department  a state concussion management advisory
    30  board to advise the department in implementation of  best  practices  as
    31  related to concussion management.
    32    2.  Members  of the concussion management professional advisory board,
    33  hereafter referred to as the "board", shall include designated represen-
    34  tatives from the following organizations:
    35    a. New York state public high school athletic association (NYSPHSAA);
    36    b. Stony Brook University - athletic training program;
    37    c.  Mount Sinai School of Medicine - research and training  center  on

    38  community integration of individuals with traumatic brain injury;
    39    d.  University  of Buffalo school of public health - athletic training
    40  program;
    41    e. national athletic trainers' association's concussion council;
    42    f. New York state athletic trainers' association;
    43    g. New York state school nurses' association;
    44    h. school district representative;
    45    i. New York state department of education;
    46    j. New York state department of health; and
    47    k. medical society.
    48    3. The board shall meet at least three times a year and shall  facili-
    49  tate  as  practicable  as  possible  without  additional costs to school
    50  districts the implementation of the provisions of this article.

    51    The commissioners may detail from time to time, for the assistance  of
    52  the  advisory  board,  such  employees  of  the departments as they deem
    53  necessary.
    54    The advisory board shall review existing and proposed state head inju-
    55  ry awareness and prevention laws and  regulations.  The  advisory  board
    56  shall  review  existing  and  proposed  state  head injury awareness and

        S. 185                              3
 
     1  prevention laws and regulations. The advisory board shall make recommen-
     2  dations to the commissioner of health and the commissioner of  education
     3  as  to  any regulatory changes that may be necessary for the implementa-
     4  tion of this article.

     5    The  advisory  board further, shall review existing and proposed state
     6  head injury awareness and prevention laws and shall make recommendations
     7  to the governor, the leaders of the senate and assembly, as well as  the
     8  assembly  and  senate  chairs  of  the standing committees on health and
     9  education, any necessary changes or additions to laws  and  programs  to
    10  improve head injury awareness and prevention.
    11    The  advisory board shall report the effectiveness of the departments'
    12  activities.
    13    4. Additional responsibilities of the advisory  board  shall  include,
    14  but  not  be limited to, advice and counsel to the department as well as
    15  assistance to the department in the development and recommendations  for

    16  best practices regarding the following:
    17    a. contents of training and informational materials;
    18    b. release forms;
    19    c. contents of websites;
    20    d. requirements for game day coverage for interscholastic play;
    21    e. required training for coaches and school officials; 
    22    f. protocols for return to practice or play or return to school and/or
    23  school activities;
    24    g. post injury information sheets and guidelines; and
    25    h.  oversee  annual coach training requirements and suggest additional
    26  coach training requirements as needed.
    27    5. a. Members of the board shall receive  no  compensation  for  their
    28  services.  They  shall  be entitled to reasonable and necessary expenses

    29  accrued during the performance of their duties.
    30    b. Members of the advisory board shall not be held individually or  as
    31  a  group  legally responsible for any actions taken by them or the board
    32  absent a finding of gross negligence.
    33    6. Preliminary recommendations of the advisory board  for  implementa-
    34  tion of policies shall be submitted to the governor, state education and
    35  health  departments  and  to the health and education committees of both
    36  houses of the legislature by a date no later  than  one  hundred  eighty
    37  days following the effective date of this article.
    38    §  3053.  New York state head injury awareness program. 1. The depart-
    39  ment, in consultation with other state agencies,  shall  be  responsible

    40  for  implementing  regulatory  recommendations  of the advisory board as
    41  well as the statutory provisions of this article with respect to  guide-
    42  lines and standards for:
    43    a. student athletes participating in interscholastic competitions; and
    44    b.  all  school  districts, boards of cooperative educational services
    45  and nonpublic schools relating to the training of school  personnel  and
    46  providing  information to parents regarding the treatment and monitoring
    47  of students who suffer or are suspected  of  suffering  concussions  and
    48  head injuries.
    49    2.  The  department  in  consultation  with  the  advisory board shall
    50  promulgate rules and regulations, including provision of uniform  guide-

    51  lines,  protocols  and  forms that shall be used by all school districts
    52  throughout the state.
    53    3. The department shall establish and maintain a dedicated  concussion
    54  management  website  that  shall  include  links  to relevant materials,
    55  educational programs and readily downloadable  forms  of  all  materials

        S. 185                              4
 
     1  required  to comply with the rules, regulations and guidelines set forth
     2  herein.
     3    4.  The  department, on at least an annual basis prior to the start of
     4  the new school year, shall update materials as needed  to  reflect  best
     5  practices and most current information.
     6    5. Forms and informational materials shall include, but not be limited

     7  to:
     8    a. parental and student head injury information packets;
     9    b. release forms for parents and students;
    10    c.  annual  training certification forms for all school district staff
    11  and volunteer certified health care providers;
    12    d. accident reporting and observation forms which include a concussion
    13  signs and symptoms checklist;
    14    e. team medical staffing recordkeeping forms;
    15    f. return to activity protocol forms to be used by health care provid-
    16  ers;
    17    g. information regarding health care providers trained in the recogni-
    18  tion of head injuries and care;
    19    h. post injury fact sheets for parents/guardians and students; and

    20    i. school "concussion management point person" information and  train-
    21  ing kits.
    22    6.  Each school district shall designate a concussion management point
    23  person, who is a full-time employee of the school  district,  who  shall
    24  have  qualifications  established  by the department upon the advice and
    25  counsel of the advisory  board  and  who  will  manage  information  and
    26  records as required relating to the New York state head injury awareness
    27  program  for  each  school  within  the school district. Information and
    28  training kits shall be provided to support  this  position  through  the
    29  department's concussion management website.
    30    § 3054. Definitions. For purposes of this article, the following terms

    31  shall have the following meanings:
    32    1.  "licensed  health  care  provider" shall mean a physician licensed
    33  pursuant to article one hundred thirty-one of this chapter, a  physician
    34  assistant  licensed pursuant to article one hundred thirty-one-B of this
    35  chapter, a certified nurse practitioner certified  pursuant  to  section
    36  sixty-nine  hundred  ten  of this chapter.  In all cases the health care
    37  provider should practice in a specialty relevant to the care and  treat-
    38  ment of head injuries as determined by the board.
    39    2. "school athletic activity" shall mean a sanctioned competition.
    40    3.  "school  personnel"  shall  mean  teacher, coach, club, intramural
    41  sport or activity  supervisor,  school  administrator,  school  guidance

    42  counselor,  school  psychologist,  school  drug counselor, school nurse,
    43  classroom aides.
    44    4. "qualified concussion  management  training"  shall  mean  training
    45  equivalent  to  that  which is offered through the department as part of
    46  its first aid training course.
    47    5. "return to activity protocol" shall mean a step by step progression
    48  from injury to full participation, based on monitoring the resolution of
    49  concussion signs and symptoms.
    50    § 3055. Interscholastic  sports  head  injury  awareness  program.  1.
    51  Coach  training.  Required  certification for all coaches must include a
    52  first aid training course  and  completion  of  a  qualified  concussion

    53  management  training  section  or  program. Additional annual concussion
    54  management  training  requirements  for  coaches  of  school  sanctioned
    55  competitive sports shall be determined by the department upon the advice
    56  and counsel of the advisory board.

        S. 185                              5
 
     1    2.  Prior to participation in each school sanctioned competitive sport
     2  the athlete and his or her parent or guardian must sign  and  return  to
     3  the  school district an acknowledgement and a concussion and head injury
     4  fact and information form.
     5    3. a. Any athlete determined to show signs, symptoms or behaviors of a
     6  concussion  or  head injury during practice or play shall immediately be

     7  removed from participation.
     8    b. The action removing the athlete from play shall be documented using
     9  a concussion signs and symptoms checklist by the coach, athletic trainer
    10  or licensed health care provider.
    11    c. The athlete shall not return to play or practice until he or she:
    12    (i) has been evaluated by a licensed health care provider;
    13    (ii) has received written clearance to return  to  participation  from
    14  that licensed health care provider; and
    15    (iii) has successfully completed a return to activity protocol.
    16    §  3056.  All  activity head injury awareness and outreach program. 1.
    17  School personnel training requirements shall be determined by the board.

    18    2. At the beginning of each school year parents and/or guardians of  a
    19  student  in  grades kindergarten through six must sign and return to the
    20  school district a concussion and head injury fact and information  form.
    21  For  grades  seven through twelve both the student and his or her parent
    22  or guardian must sign and return to the school district a concussion and
    23  head injury fact and information form.
    24    3. When a head injury is suspected or observed:
    25    (a) Any student determined to show signs or symptoms or behaviors of a
    26  concussion or head  injury  during  an  activity  shall  be  immediately
    27  removed from participation.
    28    (b)  The  action  removing the student from an activity shall be docu-

    29  mented using a concussion signs and symptoms  checklist  by  the  school
    30  personnel or licensed health care provider.
    31    (c)  The  student  shall  not return to school or activities until (i)
    32  they have been evaluated by a licensed health care provider;  (ii)  they
    33  have  received  written  clearance  to return to participation from that
    34  licensed  health  care  provider;  and  (iii)  they  have   successfully
    35  completed  a  return  to  activity  protocol as determined by a licensed
    36  health care provider.
    37    § 3057. Training course development and implementation. 1.    Training
    38  materials  shall  be made available to schools and school districts free
    39  of charge on the concussion management website. Where possible  existing

    40  training  program  materials will be evaluated and incorporated into the
    41  approved training programs. Training materials shall include a post-test
    42  and certificate to verify an education, understand, completion cycle.
    43    2. Funding for development and delivery of training programs shall  be
    44  sought  from  foundations,  private  donors  and  donations  and in-kind
    45  contributions from colleges and universities  and  other  not-for-profit
    46  entities in the state with relevant specialties.
    47    3.  The  state  university of New York shall be responsible for imple-
    48  menting recommendations of the board with respect to  advanced  training
    49  programs.  Courses  for  advanced  certification  of coaches and certif-

    50  ication of health care and medical professionals shall be made available
    51  to state residents through the state university  of  New  York  learning
    52  network  for  a  nominal  charge  to cover costs of program delivery and
    53  support.
    54    § 2. This act shall take effect immediately.
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