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S03953 Summary:

BILL NO    S03953B

SAME AS    SAME AS A08194

SPONSOR    HANNON

COSPNSR    MAZIARZ, BALL, ADAMS, ALESI, AVELLA, CARLUCCI, FUSCHILLO, HUNTLEY,
           LARKIN, LAVALLE, MARTINS, NOZZOLIO, PARKER, SQUADRON, ZELDIN

MLTSPNSR   

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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S03953 Text:

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

                                        3953--B
           Cal. No. 280

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    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    S 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.
                                                                  LBD09691-10-1
       S. 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    S  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    S  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.
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