senate Bill S3953B

Signed by Governor

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

See Assembly Version of this Bill:
A8194
Versions:
S3953
S3953A
S3953B
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L; amd §206, Pub Health L

Sponsor Memo

BILL NUMBER:S3953B REVISED 06/09/11

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes the "concussion management and awareness act."

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes the concussion
management and awareness act.
Section 2 amends section 305 of the
education law to require the commissioner of education, in
conjunction with the commissioner of health, to promulgate rules and
regulations relating to pupils who suffer mild traumatic brain
injuries in school sponsored or related activities: requiring a
course of instruction relating to recognizing the symptoms of mild
traumatic brain injuries and the monitoring and seeking proper
medical treatment for pupils who are injured;
requiring information about traumatic brain injuries to be posted on
websites of the State Education Department, the Department of Health
and school districts as well as included on any parent permission or
consent form; requiring the immediate removal from athletic
activities of any pupil believed to have sustained a mild traumatic
head injury and authorization from a licensed physician for return to
athletic activity;
and authorizing a school district, in its discretion, to establish a
concussion management team.
Section 3 amends Section 206 of the
public health law to add a new subdivision 28 to direct the
commissioner of health to assist the commissioner of education in
developing rules and regulations required under this section.
Section 4 is the effective date.

JUSTIFICATION:
In every school district students participate in
interscholastic sports, intramural sports and physical education
classes Concussions can occur in any of these sports and classes. A
concussion is considered a traumatic brain injury and can cause
harmful, long-term effects to brain functions. It is therefore
critical that New York establish guidelines to protect our students.

This legislation establishes the necessary guidelines. It requires
coaches, teachers and other school personnel to be trained about the
symptoms of mild traumatic brain injuries and the importance of


proper medical treatment. In addition, the State Education
Department, the Department of Health and school districts will post
on their internet websites information for parents and students about
how brain injuries
occur, the signs and symptoms of such injuries and guidelines about
returning to school, physical education classes and sports after an
injury. This information will also be included in permission and
consent forms which parents or persons in parental relationship to a
student must sign to allow their children to participate in sports.
The State Education Department, in conjunction with the Department of
Health will promulgate the necessary rules and regulations. In
developing these regulations, the department will consider input from
parents and students, teachers and school administrators, physical
education teachers and sports trainers and coaches/ the Public
Schools Athletic League (PSAL) in New York City and the New York
State Public High Schools athletic association and medical and health
professionals.

The legislation also requires the immediate removal of any student who
has or who may have suffered a concussion. No student who has or who
may have suffered a concussion may return to athletic activities
unless the student has been symptom free for at least twenty-four
hour and a licensed physician has authorized the student's return.

These policies will promote prevention of injury and assure that
students receive the appropriate medical attention and treatment when
they are injured. This will reduce the risk of long-term
complications and will encourage parents, students and coaches to
take preventative steps to avoid such significant injuries.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of July next
succeeding the date on which it shall have become law.

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

                                 3953--B
    Cal. No. 280

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "concussion management and awareness act".
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 42 to read as follows:
  42.  A.  THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF
HEALTH, SHALL PROMULGATE AND REVIEW AS NECESSARY RULES  AND  REGULATIONS
RELATING  TO  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.  IN DEVELOPING SUCH RULES
AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER  COMMENTS  FROM  STAKE-
HOLDERS  AND  OTHER  INTERESTED  PARTIES  INCLUDING  BUT  NOT LIMITED TO
PARENTS, TEACHERS,  STUDENTS,  SCHOOL  ADMINISTRATORS,  SCHOOL  ATHLETIC
TRAINERS,  SPORT  COACHES,  MEDICAL AND HEALTH PROFESSIONALS, THE PUBLIC
SCHOOLS ATHLETIC LEAGUE (PSAL), THE NEW YORK STATE  PUBLIC  HIGH  SCHOOL
ATHLETIC  ASSOCIATION  (NYSPHSAA), AND OTHER ATHLETIC ASSOCIATIONS. SUCH
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

  (I) REQUIRING A COURSE OF  INSTRUCTION  RELATING  TO  RECOGNIZING  THE
SYMPTOMS  OF  MILD  TRAUMATIC  BRAIN INJURIES AND MONITORING AND SEEKING
PROPER MEDICAL TREATMENT FOR PUPILS  WHO  SUFFER  MILD  TRAUMATIC  BRAIN
INJURIES.  SUCH  COURSE OF INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED
ON  A BIENNIAL BASIS BY ALL SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS,
NURSES AND ATHLETIC TRAINERS. 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, PRACTICES REGARDING PREVENTION, AND THE  GUIDE-
LINES  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, COURS-
ES PROVIDED ONLINE AND BY TELECONFERENCE APPROVED BY THE DEPARTMENT;
  (II) PROVIDING THAT THE DEPARTMENT AND THE DEPARTMENT OF HEALTH  SHALL
POST  ON  THEIR INTERNET WEBSITES INFORMATION RELATING TO MILD TRAUMATIC
BRAIN INJURIES, WHICH SHALL INCLUDE BUT NOT BE  LIMITED  TO,  THE  DEFI-
NITION  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. SCHOOLS SHALL BE REQUIRED TO INCLUDE SUCH INFORMATION
IN ANY PERMISSION FORM OR PARENT OR PERSON IN PARENTAL RELATION  CONSENT
FORM  OR  SIMILAR  DOCUMENT  THAT  MAY BE REQUIRED FOR A PUPIL'S PARTIC-
IPATION IN INTERSCHOLASTIC SPORTS AND SHALL ALSO INCLUDE  SUCH  INFORMA-
TION,  OR  REFERENCE  HOW TO OBTAIN SUCH INFORMATION FROM THE DEPARTMENT
AND THE DEPARTMENT OF HEALTH INTERNET WEBSITES, ON THE SCHOOL'S INTERNET
WEBSITE, IF ONE EXISTS;
  (III) REQUIRING THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES OF  ANY
PUPIL  BELIEVED  TO HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD TRAUMATIC
BRAIN INJURY. 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 LICENSED PHYSICIAN. 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.
  (IV) AUTHORIZING EACH SCHOOL OR SCHOOL DISTRICT, IN ITS DISCRETION, TO
ESTABLISH  A  CONCUSSION  MANAGEMENT  TEAM  WHICH MAY BE COMPOSED OF THE
ATHLETIC DIRECTOR (IF ANY), A SCHOOL  NURSE,  THE  SCHOOL  PHYSICIAN,  A
COACH  OF  AN  INTERSCHOLASTIC  TEAM,  AN ATHLETIC TRAINER OR SUCH OTHER
APPROPRIATE PERSONNEL AS DESIGNATED BY THE SCHOOL  OR  SCHOOL  DISTRICT.
THE  CONCUSSION  MANAGEMENT TEAM SHALL OVERSEE THE IMPLEMENTATION OF THE
RULES AND REGULATIONS PROMULGATED PURSUANT TO  THIS  SUBDIVISION  AS  IT
PERTAINS  TO  THEIR ASSOCIATED SCHOOL INCLUDING THE REQUIREMENT THAT ALL
SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC  TRAIN-
ERS  THAT  WORK WITH AND PROVIDE INSTRUCTION TO PUPILS ENGAGED IN SCHOOL
SPONSORED ATHLETIC ACTIVITIES COMPLETE TRAINING RELATING TO  MILD  TRAU-
MATIC  BRAIN INJURIES. FURTHERMORE, EVERY CONCUSSION MANAGEMENT TEAM MAY
ESTABLISH AND IMPLEMENT A PROGRAM WHICH  PROVIDES  INFORMATION  ON  MILD
TRAUMATIC  BRAIN  INJURIES  TO  PARENTS AND PERSONS IN PARENTAL RELATION
THROUGHOUT EACH SCHOOL YEAR.

S. 3953--B                          3

  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 PUBLIC SCHOOL RELATING TO MILD TRAUMATIC BRAIN  INJURIES.  SUCH
RULES  AND  REGULATIONS  MAY ALSO BE IMPLEMENTED BY NONPUBLIC SCHOOLS IF
THEY SO AUTHORIZE. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY PUBLIC
SCHOOL OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT
STANDARDS.
  S  3.  Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
  28.  THE COMMISSIONER SHALL ASSIST THE COMMISSIONER  OF  EDUCATION  IN
DEVELOPING  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  4.  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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