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S03953 Summary:

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S03953 Floor Votes:

S03953 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3953--B
            Cal. No. 280
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     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    § 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    §  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    §  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.