STATE OF NEW YORK
________________________________________________________________________
2140
2011-2012 Regular Sessions
IN ASSEMBLY
January 14, 2011
___________
Introduced by M. of A. BENEDETTO -- read once and referred 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
25 thousand school aged youth visited the emergency department or were
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00794-01-1
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1 hospitalized for concussions annually with the cost of their medical
2 care approaching eighty million dollars. The three year total cost of
3 both hospitalization and emergency department visits in the same period
4 for all age groups in the state for treatment of TBIs was over a billion
5 dollars.
6 2. The legislature further finds that early intervention, response,
7 and the proper evaluation and management of concussions will lessen the
8 effects of this potentially life threatening injury. It is essential to
9 educate parents and guardians, students, coaches and school personnel on
10 the early and accurate recognition of the signs and symptoms of concus-
11 sions and the potential harmful effects of head injuries not just on a
12 child's physical well-being but on his or her academic performance as
13 well.
14 3. The legislature hereby declares that an advisory board composed of
15 experts in the area of concussion diagnosis, treatment and management,
16 who will serve as advisors to the department and school districts, is
17 critical to the success of this legislation and to implementation of a
18 standardized statewide program, consistent across all school districts
19 and regions of the state.
20 4. The advisory board members, armed with current knowledge of best
21 practices and information resources that may be deployed, will advise
22 the department on the contents for a web-based information kit, forms,
23 and educational materials, that shall be made available to schools free
24 of charge throughout the state such that they may effectively implement
25 programs to protect participants in interscholastic sports, and other
26 activities where head injuries may occur.
27 § 3052. Concussion management advisory board. 1. There is hereby
28 established in the department a state concussion management advisory
29 board to advise the department in implementation of best practices as
30 related to concussion management.
31 2. Members of the concussion management professional advisory board,
32 hereafter referred to as the "board", shall include designated represen-
33 tatives from the following organizations:
34 a. New York state public high school athletic association (NYSPHSAA);
35 b. Stony Brook University - athletic training program;
36 c. Mount Sinai School of Medicine - research and training center on
37 community integration of individuals with traumatic brain injury;
38 d. University of Buffalo school of public health - athletic training
39 program;
40 e. athletic trainer for a professional football team from western New
41 York;
42 f. national athletic trainers' association's concussion council;
43 g. New York state athletic trainers' association;
44 h. New York state school nurses' association;
45 i. school district representative;
46 j. New York state department of education;
47 k. New York state department of health; and
48 l. medical society.
49 3. The board shall meet at least three times a year and shall facili-
50 tate as practicable as possible without additional costs to school
51 districts the implementation of the provisions of this article.
52 The commissioners may detail from time to time, for the assistance of
53 the advisory board, such employees of the departments as they deem
54 necessary.
55 The advisory board shall review existing and proposed state head inju-
56 ry awareness and prevention laws and regulations. The advisory board
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1 shall review existing and proposed state head injury awareness and
2 prevention laws and regulations. The advisory board shall make recommen-
3 dations to the commissioner of health and the commissioner of education
4 as to any regulatory changes that may be necessary for the implementa-
5 tion of this article.
6 The advisory board further, shall review existing and proposed state
7 head injury awareness and prevention laws and shall make recommendations
8 to the governor, the leaders of the senate and assembly, as well as the
9 assembly and senate chairs of the standing committees on health and
10 education, any necessary changes or additions to laws and programs to
11 improve head injury awareness and prevention.
12 The advisory board shall report the effectiveness of the departments'
13 activities.
14 4. Additional responsibilities of the advisory board shall include,
15 but not be limited to, advice and counsel to the department as well as
16 assistance to the department in the development and recommendations for
17 best practices regarding the following:
18 a. contents of training and informational materials;
19 b. release forms;
20 c. contents of websites;
21 d. requirements for game day coverage for interscholastic play;
22 e. required training for coaches and school officials;
23 f. protocols for return to practice or play or return to school and/or
24 school activities;
25 g. post injury information sheets and guidelines; and
26 h. oversee annual coach training requirements and suggest additional
27 coach training requirements as needed.
28 5. a. Members of the board shall receive no compensation for their
29 services. They shall be entitled to reasonable and necessary expenses
30 accrued during the performance of their duties.
31 b. Members of the advisory board shall not be held individually or as
32 a group legally responsible for any actions taken by them or the board
33 absent a finding of gross negligence.
34 6. Preliminary recommendations of the advisory board for implementa-
35 tion of policies shall be submitted to the governor, state education and
36 health departments and to the health and education committees of both
37 houses of the legislature by a date no later than one hundred eighty
38 days following the effective date of this article.
39 § 3053. New York state head injury awareness program. 1. The depart-
40 ment, in consultation with other state agencies, shall be responsible
41 for implementing regulatory recommendations of the advisory board as
42 well as the statutory provisions of this article with respect to guide-
43 lines and standards for:
44 a. student athletes participating in interscholastic competitions; and
45 b. all school districts, boards of cooperative educational services
46 and nonpublic schools relating to the training of school personnel and
47 providing information to parents regarding the treatment and monitoring
48 of students who suffer or are suspected of suffering concussions and
49 head injuries.
50 2. The department in consultation with the advisory board shall
51 promulgate rules and regulations, including provision of uniform guide-
52 lines, protocols and forms that shall be used by all school districts
53 throughout the state.
54 3. The department shall establish and maintain a dedicated concussion
55 management website that shall include links to relevant materials,
56 educational programs and readily downloadable forms of all materials
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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.
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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.
