A02140 Summary:

BILL NOA02140
 
SAME ASSAME AS S00608
 
SPONSORBenedetto
 
COSPNSRRivera N
 
MLTSPNSRRivera P
 
Add Art 62 SS3050 - 3057, Ed L
 
Relates to creating a head injury awareness and prevention program.
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A02140 Actions:

BILL NOA02140
 
01/14/2011referred to education
01/04/2012referred to education
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A02140 Floor Votes:

There are no votes for this bill in this legislative session.
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A02140 Text:



 
                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

        A. 2140                             2
 
     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

        A. 2140                             3
 
     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

        A. 2140                             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.

        A. 2140                             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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