senate Bill S3953A

Signed by Governor Amended

Directs commissioners of education and health to adopt rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 10 / Mar / 2011
    • REFERRED TO HEALTH
  • 21 / Mar / 2011
    • AMEND AND RECOMMIT TO HEALTH
  • 21 / Mar / 2011
    • PRINT NUMBER 3953A
  • 29 / Mar / 2011
    • 1ST REPORT CAL.280
  • 30 / Mar / 2011
    • 2ND REPORT CAL.
  • 31 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • AMENDED ON THIRD READING (T) 3953B
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 14 / Jun / 2011
    • SUBSTITUTED FOR A8194
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.199
  • 14 / Jun / 2011
    • PASSED ASSEMBLY
  • 14 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 19 / Sep / 2011
    • SIGNED CHAP.496

Summary

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.

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Bill Details

Versions:
S3953
S3953A
S3953B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L; amd §305, Ed L; add Art 9 Title 3 §§9-301 & 9-303, Gen Ob L

Votes

12
0
12
Aye
0
Nay
5
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S3953A

PURPOSE:
Directs commissioners of education and health to adopt rules and
regulations for the treatment and monitoring of students with mild
traumatic brain injuries

SUMMARY OF PROVISIONS:

Section 1. Creates the short title, "Concussion Management and
Awareness Act."

Section 2. Amends section 206 of the public health law to add a new
subdivision 28 that would require the Commissioner of Health to work
in conjunction with the Commissioner of Education to promulgate rules
and regulations relating to pupils who suffer mild traumatic brain
injuries and provide for the posting of the information on the
Department of Health (DOH) website.

Section 3. Amends section 305 of the education law to add a new
subdivision 42 which will require the Commissioner of Education, the
Commissioner of Health, and other articulated entities to:

o Promulgate, implement, and update rules and regulations establishing
a course of instruction relating to concussions that will be required
to be completed on a biennial basis by certain school personnel.

o Promulgate, implement, and update rules and regulations establishing
an informational pamphlet relating to concussions that must be
provided to specified persons and posted on the websites of the
Department of Education and Department of Health. Require a signed
statement by those in parental relation to a pupil attesting that
they have received and understand the pamphlet prior to any practice
or participation in any interscholastic sport on behalf of the school
district.

a Promulgate, implement, and regularly update rules and regulations
requiring every school district to establish a concussion management
team that includes specified school personnel. The concussion
management team will have the primary responsibility of implementing
rules and
regulations relative to concussions and will ensure that appropriate
faculty are provided with training relating to concussions.

o Promulgate, implement and regularly update rules and regulations to
be carried out by each concussion management team including the
immediate removal from athletic activities of a pupil believed to
have sustained or who has sustained a concussion, the reporting of
such injury to the Education Department, and the evaluation of the
pupil pursuant to guidelines established by the Education Department.
In the event that there is any doubt as to whether a pupil has
sustained a concussion, it shall be presumed that he/she has
sustained a concussion until proven otherwise. No pupil shall resume
athletic activity until they are symptom free for 24 hours and have
been evaluated and received written and signed authorization from a
physician trained in the evaluation and treatment of concussions.


Such guidelines are considered to be the minimum guidelines that must
be complied with by a school district.

Section 4. Amends Article 9 of the general obligations law to add a
new title 3 to read "Liability of Schools."

o Includes sections 9-301 and 9-303 which will limit liability for
school districts and not-for-profit youth sports programs for any
personal injury or death given certain conditions.

JUSTIFICATION:
A concussion is a type of traumatic brain injury (TBI) that can
significantly impact-the way a healthy brain functions. If left
untreated, concussions can lead to permanent brain damage or even
death. According to the Centers for Disease Control and Prevention,
an estimated 1.7 million people sustain a TBI injury nationally. Of
these, 52,000 die and 275,000 are hospitalized.

TBI is a contributing factor to a third of all injury-related deaths
in the United States. The number of concussions sustained by youth is
significant. The CDC reports that each year, U.S. emergency
departments treat an estimated 135,000 sports and recreation-related
TBIs, including concussions, among children ages 5 to 18.
Furthermore, according to the National Center for Injury Prevention,
forty-seven percent of high school football players receive a
concussion each season. To that end, statistically, the risk of
future concussions increases significantly once an athlete suffers
from a concussion. While athletes highlight the significant concerns
of concussions, children and teens, in general, are more likely to
get a concussion, and have a longer recovery time than adults.

The Centers for Disease Control and Prevention recommend that as part
of concussion prevention, each school district have a concussion
management policy in order to treat and manage concussions among
their students, and educate parents, coaches, and students about the
dangers of concussions. Often, athletes and pupils, as well as
parents and coaches, cannot identify the symptoms of a concussion.
This legislation would require that each school district have a
concussion management team composed of health and sports staff with
the charge to collaborate and implement guidelines set forth by the
Department of Health and Department of Education. The term will be
responsible for overseeing staff training, educating parents and
students about concussions, and helping to transition students who
have sustained a concussion back into school as well as back into
play consistent with specified guidelines.

By instituting these policies, school districts will facilitate early
identification of concussions and thereby reduce the risk of
long-term complications. In the future, this legislation will
encourage parents, students, and coaches to take preventative steps
to avoid such significant injuries.

LEGISLATIVE HISTORY:
S.7161 of 2009-2010

FISCAL IMPLICATIONS:


The fiscal implications on school districts will be mitigated through
the use training courses facilitated through online and conference
call means. Such courses will be approved through the Department of
Education and are projected to have minimal costs.

LOCAL FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the
date on which it shall have become a law; provided that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3953--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced by Sens. HANNON, MAZIARZ, BALL, DeFRANCISCO, LARKIN, NOZZOLIO
  -- 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

AN ACT to amend the public health law and the education 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;  and  to
  amend  the  general  obligations  law, in relation to the liability of
  school districts, nonpublic schools and boards of  cooperative  educa-
  tional services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "concussion management and awareness act".
  S  2.  Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
  28. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER  OF  EDUCA-
TION,  SHALL  PROMULGATE  RULES  AND REGULATIONS, RELATING TO PUPILS WHO
SUFFER MILD TRAUMATIC BRAIN INJURIES,  IN  ACCORDANCE  WITH  SUBDIVISION
FORTY-TWO  OF  SECTION  THREE  HUNDRED  FIVE  OF  THE EDUCATION LAW, AND
PROVIDE FOR THE POSTING ON THE DEPARTMENT'S  INTERNET  WEBSITE  OF  SUCH
INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
  S  3.  Section  305  of  the  education law is amended by adding a new
subdivision 42 to read as follows:
  42. A. THE COMMISSIONER AND THE COMMISSIONER OF HEALTH,  IN  CONSULTA-
TION AND COOPERATION WITH THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
ASSOCIATION,  PUBLIC  AND NONPUBLIC SCHOOL ATHLETIC TRAINERS, PUBLIC AND
NONPUBLIC  SCHOOL  INTERSCHOLASTIC  SPORTS  COACHES  AND  PUBLIC  SCHOOL
MEDICAL AND HEALTH PROFESSIONALS, SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09691-07-1

S. 3953--A                          2

  (I)  PROMULGATE,  IMPLEMENT  AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING A COURSE OF INSTRUCTION RELATING TO THE RECOGNITION, TREAT-
MENT AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN  INJURIES,
ALSO  REFERRED  TO  AS  A  "CONCUSSION",  WHILE RECEIVING INSTRUCTION OR
ENGAGING  IN  ANY  SCHOOL  SPONSORED OR RELATED ACTIVITY. SUCH COURSE OF
INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL
COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND  ATHLETIC  TRAINERS  OF
EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND
BE  COMPLETED  BY  SUCH  PERSONNEL  EMPLOYED BY AN AUTHORIZING NONPUBLIC
SCHOOL.  THE COURSE OF INSTRUCTION REQUIRED BY THIS  SUBPARAGRAPH  SHALL
INCLUDE,  BUT NOT BE LIMITED TO, THE DEFINITION OF A "CONCUSSION", SIGNS
AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES,  HOW  SUCH  INJURIES  MAY
OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL
ACTIVITIES  AFTER  A  PUPIL  HAS  SUFFERED A MILD TRAUMATIC BRAIN INJURY
REGARDLESS OF WHETHER SUCH  INJURY  OCCURRED  OUTSIDE  OF  SCHOOL.  SUCH
TRAINING  MAY BE COMPLETED BY MEANS OF COURSES OF INSTRUCTION, INCLUDING
BUT NOT LIMITED  TO,  COURSES  PROVIDED  ONLINE  AND  BY  TELECONFERENCE
APPROVED BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH;
  (II)  PROMULGATE,  IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING AN INFORMATIONAL PAMPHLET RELATING TO MILD TRAUMATIC  BRAIN
INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A
"CONCUSSION",  SIGNS  AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW
SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND
TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY REGARDLESS OF  WHETHER  SUCH  INJURY  OCCURRED  OUTSIDE  OF
SCHOOL.  SUCH  INFORMATIONAL  PAMPHLET  SHALL BE PROVIDED TO EVERY PUPIL
PARTICIPATING IN INTERSCHOLASTIC SPORTS AND TO THE  PERSON  IN  PARENTAL
RELATION  TO SUCH PUPIL, TO EACH PUPIL WHO HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY AND TO THE PERSON IN PARENTAL RELATION TO  SUCH  PUPIL,  TO
EVERY TEACHER OF PHYSICAL EDUCATION, TO EACH COACH OF AN INTERSCHOLASTIC
TEAM,  TO EACH MEMBER OF A CONCUSSION MANAGEMENT TEAM ESTABLISHED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, AND SHALL BE POSTED ON  THE
INTERNET  WEBSITES  OF  THE  DEPARTMENT AND THE DEPARTMENT OF HEALTH. NO
PUPIL SHALL ENGAGE IN ORGANIZED  PRACTICE  FOR  OR  PARTICIPATE  IN  ANY
INTERSCHOLASTIC SPORT ON BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE  EDUCATIONAL  SERVICES,  UNLESS  AND  UNTIL THE PERSON IN PARENTAL
RELATION TO SUCH PUPIL  SHALL  HAVE  SIGNED  AND  RETURNED  A  STATEMENT
ATTESTING THAT HE OR SHE HAS RECEIVED, READ AND UNDERSTANDS THE INFORMA-
TIONAL PAMPHLET REQUIRED BY THIS SUBPARAGRAPH. EVERY SCHOOL DISTRICT AND
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SHALL MAINTAIN ON FILE IN THE
PUPIL'S PERMANENT HEALTH RECORD,  A  COPY  OF  EACH  PARENTAL  STATEMENT
RECEIVED.    ANY  NONPUBLIC  SCHOOL MAY IMPLEMENT THE PROVISIONS OF SUCH
RULES AND REGULATIONS;
  (III) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
REQUIRING EVERY SCHOOL DISTRICT AND  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES,  AND  AUTHORIZING NONPUBLIC SCHOOLS, TO ESTABLISH A CONCUSSION
MANAGEMENT TEAM. EACH CONCUSSION MANAGEMENT TEAM SHALL  BE  COMPOSED  OF
THE  ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN, A
COACH OF AN INTERSCHOLASTIC TEAM, AN ATHLETIC  TRAINER  AND  SUCH  OTHER
APPROPRIATE  PERSONNEL  AS SHALL BE DESIGNATED BY THE DISTRICT OR BOARD.
THE CONCUSSION MANAGEMENT TEAM SHALL BE  THE  ENTITY  WITH  THE  PRIMARY
RESPONSIBILITY  OF  IMPLEMENTING  THE  RULES AND REGULATIONS PROMULGATED
PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH IN  ITS  SCHOOL
DISTRICT,  AUTHORIZING  NONPUBLIC  SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES. IN  PARTICULAR,  A  CONCUSSION  MANAGEMENT  TEAM  SHALL
ENSURE  THAT  EVERY  COACH,  ASSISTANT  COACH, VOLUNTEER COACH, PHYSICAL

S. 3953--A                          3

EDUCATION TEACHER, NURSE  AND  ATHLETIC  TRAINER  THAT  WORKS  WITH  AND
PROVIDES INSTRUCTION TO PUPILS ENGAGED IN ATHLETIC ACTIVITIES SHALL HAVE
COMPLETED  TRAINING RELATING TO MILD TRAUMATIC BRAIN INJURIES.  FURTHER-
MORE,  EVERY  CONCUSSION  MANAGEMENT  TEAM MAY ESTABLISH AND IMPLEMENT A
PROGRAM WHICH PROVIDES INFORMATION ON MILD TRAUMATIC BRAIN  INJURIES  TO
PERSONS IN PARENTAL RELATIONS TO PUPILS THROUGHOUT EACH SCHOOL YEAR.
  (IV) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS,
TO  BE  CARRIED  OUT  BY  EACH  CONCUSSION  MANAGEMENT TEAM, WHICH SHALL
PROVIDE FOR THE EVALUATION, TREATMENT AND MANAGEMENT OF PUPILS  WHO  ARE
BELIEVED TO HAVE SUSTAINED MILD TRAUMATIC BRAIN INJURIES. SUCH RULES AND
REGULATIONS SHALL REQUIRE THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES
OF  ANY  PUPIL  BELIEVED  TO  HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD
TRAUMATIC BRAIN INJURY, THE REPORTING OF SUCH INJURY TO THE  DEPARTMENT,
AND AN EVALUATION OF SUCH PUPIL PURSUANT TO SPECIFIED GUIDELINES. IN THE
EVENT  THAT  THERE  IS  ANY  DOUBT AS TO WHETHER A PUPIL HAS SUSTAINED A
CONCUSSION, IT SHALL BE PRESUMED THAT HE OR  SHE  HAS  BEEN  SO  INJURED
UNTIL  PROVEN  OTHERWISE.  NO  SUCH PUPIL SHALL RESUME ATHLETIC ACTIVITY
UNTIL HE OR  SHE  SHALL  HAVE  BEEN  SYMPTOM  FREE  FOR  NOT  LESS  THAN
TWENTY-FOUR  HOURS,  AND  HAS BEEN EVALUATED BY AND RECEIVED WRITTEN AND
SIGNED AUTHORIZATION FROM A PHYSICIAN  TRAINED  IN  THE  EVALUATION  AND
TREATMENT OF MILD TRAUMATIC BRAIN INJURIES.  SUCH AUTHORIZATION SHALL BE
KEPT  ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD.  FURTHERMORE, SUCH
RULES AND REGULATIONS  SHALL  PROVIDE  GUIDELINES  FOR  LIMITATIONS  AND
RESTRICTIONS  ON  SCHOOL  ATTENDANCE  AND ACTIVITIES FOR PUPILS WHO HAVE
SUSTAINED MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE  DIRECTIVES
OF  THE  PUPIL'S  TREATING PHYSICIAN. IN ADDITION TO THE REQUIREMENTS OF
THE RULES AND REGULATIONS ESTABLISHED  PURSUANT  TO  THIS  SUBPARAGRAPH,
EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ESTABLISH  AND  UPDATE POLICIES, AS NEEDED AND CONSISTENT WITH THE RULES
AND REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH, THAT REFLECT THE
MOST CURRENT AVAILABLE INFORMATION AND PRACTICES ON THE PREVENTION, RISK
AND TREATMENT OF SPORTS-RELATED MILD TRAUMATIC BRAIN INJURIES.
  B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS  SUBDIVISION
SHALL  BE  DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
BY EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES
SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. NOTHING IN THIS SUBDI-
VISION  SHALL  PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING  MORE
STRINGENT STANDARDS.
  S  4.  Article 9 of the general obligations law is amended by adding a
new title 3 to read as follows:
                                 TITLE 3
                          LIABILITY OF SCHOOLS
SECTION 9-301. LIABILITY OF  SCHOOL  DISTRICTS,  NONPUBLIC  SCHOOLS  AND
                 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
        9-303. LIABILITY  OF  SCHOOL  DISTRICTS FOR NOT-FOR-PROFIT YOUTH
                         SPORTS PROGRAMS.
  S 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS  AND  BOARDS
OF  COOPERATIVE  EDUCATIONAL  SERVICES.    A  SCHOOL DISTRICT, NONPUBLIC
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE  LIABLE
FOR  ANY  PERSONAL INJURY OR DEATH OF A PERSON DUE TO ACTION OR INACTION
OF ANY OTHER PERSON EMPLOYED BY SUCH DISTRICT,  SCHOOL  OR  BOARD,  WHEN
SUCH ACTION OR INACTION TAKES PLACE UPON DISTRICT, SCHOOL OR BOARD PROP-
ERTY DURING THE DELIVERY OF SERVICES THEREBY.
  S 9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH SPORTS
PROGRAMS.    1.  A SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-

S. 3953--A                          4

ATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE FOR ANY  PERSONAL  INJURY
OR  DEATH  OF  A  PERSON  DUE  TO ACTION OR INACTION OF ANY OTHER PERSON
EMPLOYED BY, VOLUNTEERING WITH OR UNDER CONTRACT WITH SUCH  NOT-FOR-PRO-
FIT YOUTH PROGRAM IF:
  A.  THE  ACTION  OR  INACTION  TAKES PLACE ON SCHOOL DISTRICT PROPERTY
DURING THE DELIVERY  OF  SERVICE  BY  THE  NOT-FOR-PROFIT  YOUTH  SPORTS
PROGRAM;
  B.  THE  NOT-FOR-PROFIT  YOUTH  SPORTS PROGRAM PROVIDES PROOF OF BEING
INSURED UNDER AN ACCIDENT AND LIABILITY POLICY FROM AN  INSURER  AUTHOR-
IZED  TO  DO  BUSINESS IN THIS STATE, THAT COVERS ANY PERSONAL INJURY OR
DEATH ARISING FROM DELIVERY OF SERVICES. SUCH COVERAGE SHALL BE NOT LESS
THAN FIFTY THOUSAND DOLLARS DUE TO BODILY INJURY OR DEATH TO ANY  SINGLE
PERSON,  AND  NOT  LESS THAN ONE HUNDRED  THOUSAND DOLLARS DUE TO BODILY
INJURY OR DEATH TO TWO OR MORE PERSONS IN ANY SINGLE INCIDENT;
  C. THE NOT-FOR-PROFIT YOUTH SPORTS  PROGRAM  PROVIDES  SUCH  PROOF  OF
INSURANCE  TO  THE SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-
ATIVE EDUCATIONAL  SERVICES  PRIOR  TO  USING  THE  FACILITIES  OF  SUCH
DISTRICT, SCHOOL OR BOARD; AND
  D.  THE  NOT-FOR-PROFIT  YOUTH SPORTS PROGRAM PROVIDES A STATEMENT AND
PROOF OF COMPLIANCE WITH THE DISTRICT'S, SCHOOL'S OR BOARD'S POLICY  AND
GUIDELINES  FOR  THE  TREATMENT  AND  MANAGEMENT OF MILD TRAUMATIC BRAIN
INJURIES AND OTHER HEAD INJURIES.
  2. FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS  ONE
OR  MORE  SPORTS TEAMS ORGANIZED PURSUANT TO A NOT-FOR-PROFIT OR SIMILAR
CHARTER, OR WHICH ARE MEMBER TEAMS IN A LEAGUE ORGANIZED  BY  OR  AFFIL-
IATED WITH A COUNTY OR RECREATION DEPARTMENT.
  3. ANY NOT-FOR-PROFIT YOUTH SPORTS PROGRAM MAY ADOPT AND IMPLEMENT THE
STANDARDS  AND  REQUIREMENTS  FOR  MILD TRAUMATIC BRAIN INJURIES, ESTAB-
LISHED  BY  THE  COMMISSIONER  OF  EDUCATION  PURSUANT  TO   SUBDIVISION
FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW. NOTHING IN
THIS  TITLE  SHALL BE DEEMED TO PROHIBIT THE ADOPTION AND IMPLEMENTATION
OF STANDARDS WHICH ARE MORE STRINGENT.
  S 5. This act shall take effect on the first of July  next  succeeding
the  date on which it shall have become a law; provided, that, effective
immediately, any  rules  and  regulations  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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