Enacts the "concussion management and awareness act"; directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; requires school personnel to receive training in mild traumatic brain injuries; such rules and regulations shall apply to school districts and boards of cooperative educational services; requires provisions of information pamphlet on mild traumatic brain injuries to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury; requires written consent of and acknowledgment of receipt of such pamphlet by parents prior to participation in interscholastic sports; provides for the establishment of concussion management teams to implement such provisions.
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.
