A09651 Summary:

BILL NOA09651A
 
SAME ASSAME AS S07004-A
 
SPONSORBenedetto (MS)
 
COSPNSRGottfried, Simotas, Mosley, Clark
 
MLTSPNSRCamara, Kearns, Rivera
 
Amd SS2741, 2742 & 2744, Pub Health L
 
Includes concussions within the New York state traumatic brain injury program.
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A09651 Actions:

BILL NOA09651A
 
05/14/2014referred to health
05/20/2014reported
05/22/2014advanced to third reading cal.782
06/02/2014passed assembly
06/02/2014delivered to senate
06/02/2014REFERRED TO HEALTH
06/11/2014recalled from senate
06/11/2014RETURNED TO ASSEMBLY
06/11/2014vote reconsidered - restored to third reading
06/11/2014amended on third reading (t) 9651a
06/18/2014substituted by s7004a
 S07004 AMEND=A YOUNG
 04/11/2014REFERRED TO HEALTH
 05/06/20141ST REPORT CAL.564
 05/07/20142ND REPORT CAL.
 05/12/2014ADVANCED TO THIRD READING
 06/09/2014AMENDED ON THIRD READING (T) 7004A
 06/12/2014PASSED SENATE
 06/12/2014DELIVERED TO ASSEMBLY
 06/12/2014referred to health
 06/18/2014substituted for a9651a
 06/18/2014ordered to third reading cal.782
 06/18/2014passed assembly
 06/18/2014returned to senate
 08/01/2014DELIVERED TO GOVERNOR
 08/11/2014SIGNED CHAP.312
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A09651 Memo:

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 program   PURPOSE: 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.   JUSTIFICATION: 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- eration.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: 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 is projected.   EFFECTIVE DATE: This act shall take effect immediately.
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A09651 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9651--A
                                                                Cal. No. 782
 
                   IN ASSEMBLY
 
                                      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
          reading
 
        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.
                                                                   LBD13291-06-4

        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
     3  follows:
     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-
    18  tions;

    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.
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