|SAME AS||SAME AS A08194|
|COSPNSR||MAZIARZ, BALL, ADAMS, ALESI, AVELLA, CARLUCCI, FUSCHILLO, HUNTLEY, LARKIN, LAVALLE, MARTINS, NOZZOLIO, PARKER, SQUADRON, ZELDIN|
|Amd S305, Ed L; amd S206, Pub Health L|
|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.|
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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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "concussion management and awareness act". 3 § 2. Section 305 of the education law is amended by adding a new 4 subdivision 42 to read as follows: 5 42. a. The commissioner, in conjunction with the commissioner of 6 health, shall promulgate and review as necessary rules and regulations 7 relating to pupils who suffer mild traumatic brain injuries, also 8 referred to as a "concussion," while receiving instruction or engaging 9 in any school sponsored or related activity. In developing such rules 10 and regulations, the commissioner shall consider comments from stake- 11 holders and other interested parties including but not limited to 12 parents, teachers, students, school administrators, school athletic 13 trainers, sport coaches, medical and health professionals, the public 14 schools athletic league (PSAL), the New York state public high school 15 athletic association (NYSPHSAA), and other athletic associations. Such 16 regulations shall include, but not be limited to: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09691-10-1S. 3953--B 2 1 (i) requiring a course of instruction relating to recognizing the 2 symptoms of mild traumatic brain injuries and monitoring and seeking 3 proper medical treatment for pupils who suffer mild traumatic brain 4 injuries. Such course of instruction shall be required to be completed 5 on a biennial basis by all school coaches, physical education teachers, 6 nurses and athletic trainers. The course of instruction required by this 7 subparagraph shall include, but not be limited to, the definition of a 8 "concussion," signs and symptoms of mild traumatic brain injuries, how 9 such injuries may occur, practices regarding prevention, and the guide- 10 lines for the return to school and to certain school activities after a 11 pupil has suffered a mild traumatic brain injury regardless of whether 12 such injury occurred outside of school. Such training may be completed 13 by means of courses of instruction, including but not limited to, cours- 14 es provided online and by teleconference approved by the department; 15 (ii) providing that the department and the department of health shall 16 post on their internet websites information relating to mild traumatic 17 brain injuries, which shall include but not be limited to, the defi- 18 nition of a "concussion," signs and symptoms of mild traumatic brain 19 injuries, how such injuries may occur, and the guidelines for the return 20 to school and to certain school activities after a pupil has suffered a 21 mild traumatic brain injury regardless of whether such injury occurred 22 outside of school. Schools shall be required to include such information 23 in any permission form or parent or person in parental relation consent 24 form or similar document that may be required for a pupil's partic- 25 ipation in interscholastic sports and shall also include such informa- 26 tion, or reference how to obtain such information from the department 27 and the department of health internet websites, on the school's internet 28 website, if one exists; 29 (iii) requiring the immediate removal from athletic activities of any 30 pupil believed to have sustained or who has sustained a mild traumatic 31 brain injury. In the event that there is any doubt as to whether a pupil 32 has sustained a concussion, it shall be presumed that he or she has been 33 so injured until proven otherwise. No such pupil shall resume athletic 34 activity until he or she shall have been symptom free for not less than 35 twenty-four hours, and has been evaluated by and received written and 36 signed authorization from a licensed physician. Such authorization shall 37 be kept on file in the pupil's permanent health record. Furthermore, 38 such rules and regulations shall provide guidelines for limitations and 39 restrictions on school attendance and activities for pupils who have 40 sustained mild traumatic brain injuries, consistent with the directives 41 of the pupil's treating physician. 42 (iv) authorizing each school or school district, in its discretion, to 43 establish a concussion management team which may be composed of the 44 athletic director (if any), a school nurse, the school physician, a 45 coach of an interscholastic team, an athletic trainer or such other 46 appropriate personnel as designated by the school or school district. 47 The concussion management team shall oversee the implementation of the 48 rules and regulations promulgated pursuant to this subdivision as it 49 pertains to their associated school including the requirement that all 50 school coaches, physical education teachers, nurses and athletic train- 51 ers that work with and provide instruction to pupils engaged in school 52 sponsored athletic activities complete training relating to mild trau- 53 matic brain injuries. Furthermore, every concussion management team may 54 establish and implement a program which provides information on mild 55 traumatic brain injuries to parents and persons in parental relation 56 throughout each school year.S. 3953--B 3 1 b. The rules and regulations established pursuant to this subdivision 2 shall be deemed to be the minimum standards that must be complied with 3 by every public school relating to mild traumatic brain injuries. Such 4 rules and regulations may also be implemented by nonpublic schools if 5 they so authorize. Nothing in this subdivision shall prohibit any public 6 school or nonpublic school from adopting and implementing more stringent 7 standards. 8 § 3. Section 206 of the public health law is amended by adding a new 9 subdivision 28 to read as follows: 10 28. The commissioner shall assist the commissioner of education in 11 developing rules and regulations, relating to pupils who suffer mild 12 traumatic brain injuries, in accordance with subdivision forty-two of 13 section three hundred five of the education law, and provide for the 14 posting on the department's internet website of such information as 15 shall be required pursuant to such subdivision. 16 § 4. This act shall take effect on the first of July next succeeding 17 the date on which it shall have become a law; provided, that, effective 18 immediately, any rules and regulations necessary to implement the 19 provisions of this act on its effective date are authorized and directed 20 to be completed on or before such date.