NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9651A
SPONSOR: Benedetto (MS)
TITLE OF BILL: An act to amend the public health law, in relation to
including concussions within the New York state traumatic brain injury
Creates a concussion management advisory committee to develop recommen-
dations for the traumatic brain injury services coordinating council
related specifically to concussions and mild traumatic brain injuries.
SUMMARY OF PROVISIONS:
Section 2741 of the public health law is amended by adding a new subdi-
vision b which defines the term "concussion."
Section 2742 of the public health law is amended to include specific
considerations related to concussions within the powers and duties of
the traumatic brain injury services coordinating council.
Section 2744 of the public health law is amended by adding a new subdi-
vision 4, providing for the establishment of a concussion management
advisory committee within the traumatic brain injury services coordinat-
ing council to be tasked with developing recommendations for the council
related to concussion management, academic scholarship, outreach
programs, public awareness, and consideration of scientific research
findings related to mild traumatic brain injuries and concussions.
As data becomes more prevalent with respect to the impacts of concus-
sions across populations, it has become vital that the public have
information to recognize symptoms and seek appropriate treatment. While
most people with concussions make a full recovery, symptoms in some can
be debilitating. According to the Centers for Disease Control, an esti-
mated 1.7 million people sustain a traumatic brain injury annually.
About 75% of these injuries are concussions or other forms of mild trau-
matic injuries. As such, concussions and mild traumatic injuries should
be a considered a serious public health threat.
Among those who suffer a concussion, children aged zero to four years,
older adolescents aged 15 to 19 years, and adults aged 65 years and
older are most likely to sustain a traumatic brain injury.
The Concussion Management and Awareness Act of 2011 gave New York State
a robust set of laws to emphasize proper treatment and return-to-play
protocols for children and adolescents who have suffered or have been
suspected to suffer a traumatic brain injury during interscholastic
play. This legislation seeks to further strengthen aspects of brain
injury and concussion recognition, treatment, management, and public
awareness through the creation of a concussion management advisory
committee within the traumatic brain injury services coordinating coun-
cil in order to address additional at-risk populations, as well as
provide resources to the public at large.
The committee shall be comprised of no more than twelve members,
appointed from the membership of the traumatic brain injury services
coordinating council and by the commissioner of health. Appointments by
the commissioner of health shall be based on experience and expertise
with concussions or mild traumatic brain injuries from an academic
research or public outreach or awareness standpoint.
The committee shall be tasked with finding methods to raise public
awareness and provide coordinated information regarding recognition and
management of concussions and mild traumatic brain injuries. Further,
the committee will be responsible for considering advancements made in
the scientific/academic field related to these injuries for submission
to the traumatic brain injury services coordinating council for consid-
The concussion management advisory committee will be established within
a pre-existing traumatic brain injury services coordinating council
using membership from the council. As such, no additional fiscal impact
This act shall take effect immediately.
STATE OF NEW YORK
Cal. No. 782
May 14, 2014
Introduced by M. of A. BENEDETTO, GOTTFRIED, SIMOTAS, MOSLEY, CLARK --
Multi-Sponsored by -- M. of A. CAMARA, KEARNS, RIVERA -- read once and
referred to the Committee on Health -- passed by Assembly and deliv-
ered to the Senate, recalled from the Senate, vote reconsidered, bill
amended, ordered reprinted, retaining its place on the order of third
AN ACT to amend the public health law, in relation to including concus-
sions within the New York state traumatic brain injury program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2741 of the public health law, as added by chapter
2 196 of the laws of 1994, is amended to read as follows:
3 § 2741. Definitions. As used in this article[, the term "traumatic]:
4 1. "Traumatic brain injury" means an acquired injury to the brain
5 caused by an external physical force resulting in total or partial disa-
6 bility or impairment and shall include but not be limited to damage to
7 the central nervous system from anoxic/hypoxic episodes or damage to the
8 central nervous system from allergic conditions, toxic substances and
9 other acute medical/clinical incidents. Such term shall include, but not
10 be limited to, open and closed brain injuries that may result in mild,
11 moderate or severe impairments in one or more areas, including cogni-
12 tion, language, memory, attention, reasoning, abstract thinking, judg-
13 ment, problem-solving, sensory perceptual and motor abilities, psycho-
14 social behavior, physical functions, information processing and speech.
15 Such term shall not include progressive dementias and other mentally
16 impairing conditions, depression and psychiatric disorders in which
17 there is no known or obvious central nervous system damage, neurologi-
18 cal, metabolic and other medical conditions of chronic, congenital or
19 degenerative nature or brain injuries induced by birth trauma.
20 2. "Concussion" means a mild traumatic injury to the brain that is
21 characterized by immediate and transient alteration of mental status and
22 level of consciousness, resulting from mechanical force or trauma.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 9651--A 2
1 § 2. Subdivisions 3, 5 and 7 of section 2742 of the public health law,
2 as added by chapter 196 of the laws of 1994, are amended to read as
4 3. to develop and maintain a clearinghouse of information on traumatic
5 brain injuries and concussions, including but not limited to, resources
6 that support the development and implementation of community-based
7 services and rehabilitation;
8 5. to develop innovative educational programs on the causes and
9 prevention of traumatic brain injuries and concussions, with an emphasis
10 on outreach campaigns. Such programs and information shall include, but
11 not be limited to, treatment and services for persons with traumatic
12 brain injury and/or a concussion and their families;
13 7. to gather and disseminate statistics and conduct investigations and
14 research relating to the causes and prevention of traumatic brain inju-
15 ries and concussions and the treatment of such injuries, including the
16 methods and procedures for rehabilitation, including from time to time,
17 such publications for distribution to appropriate scientific organiza-
19 § 3. Section 2744 of the public health law is amended by adding a new
20 subdivision 4 to read as follows:
21 4. (a) Within the traumatic brain injury services coordinating council
22 there shall be established a concussion management advisory committee
23 which shall develop recommendations specific to concussion management,
24 academic scholarship, and public awareness for submission to the trau-
25 matic brain injury services coordinating council for consideration. The
26 committee shall consist of members appointed from the membership of the
27 traumatic brain injury services coordinating council by a majority vote
28 of the council. Additional committee members may be appointed by the
29 commissioner and shall have demonstrated experience with or expertise in
30 one of the following areas: public health expertise related to mild
31 traumatic brain injuries and concussions, academic research in the area
32 of traumatic brain injuries and concussion management, and public aware-
33 ness experience related to the recognition of mild traumatic brain inju-
34 ries and concussions. Committee membership shall not exceed twelve
35 members. The committee may consult with a member or members of the
36 public who have demonstrated expertise and interest in mild traumatic
37 brain injuries and concussions.
38 (b) The recommendations of the advisory committee shall include, but
39 not be limited to:
40 (i) methods to raise public awareness of mild traumatic brain injuries
41 and concussions;
42 (ii) the development of outreach services to provide coordinated
43 information regarding the recognition and management of mild traumatic
44 brain injuries and concussions; and
45 (iii) the development of a clearinghouse of academic research and
46 scientific findings related to the recognition, management, and treat-
47 ment of mild traumatic injuries and concussions.
48 § 4. This act shall take effect immediately.