senate Bill S5654

Amended

Relates to health requirements for wrestling

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Bill Status


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

  • 09 / Jun / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 01 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 09 / May / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 09 / May / 2012
    • PRINT NUMBER 5654A
  • 19 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1357
  • 19 / Jun / 2012
    • PASSED SENATE
  • 19 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO EDUCATION

Summary

Relates to MRSA and other infectious skin disease protection and education; establishes the interscholastic wrestling health training and education program.

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Bill Details

See Assembly Version of this Bill:
A8292
Versions:
S5654
S5654A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Ren §3001-d to be §3001-e, add §§3001-d & 921, Ed L

Votes

Sponsor Memo

BILL NUMBER:S5654

TITLE OF BILL:
An act to amend the education law, in relation to health requirements
for wrestling

PURPOSE OR GENERAL IDEA OF BILL:
This legislation seeks to mitigate the spread of infectious disease in
middle school and high school interscholastic sports. This bill
instructs personnel who supervise wrestling to take steps to disinfect
wrestling mats, maintain working showers, and take certain steps
before allowing previously infected athletes to return to wrestling.
All costs associated with disinfecting wrestling mats shall be
reimbursable by the state. This legislation also places requirements
on school officials to take steps to inform coaches and to inform
student athletes of the risks, dangers and precautionary measures that
can be taken to prevent the spread of infectious skin disease.

It is the intent of the legislature that this bill not place any
unreasonable unfunded mandates on the schools. This bill is intended
to provide student athletes with protective measures that will reduce
the chance that infectious disease will spread during wrestling
matches. However, this legislation was specifically crafted in a way
that would allow schools to implement the requirements of this bill in
the easiest way possible and with the least cost applicable.

SUMMARY OF PROVISIONS:
Section One renumbers section 3001-d of the education law to 3001-e
and adds a new section 3001-d which requires school officials,
coaches, teachers, and referees that supervise wrestling to disinfect
mats. This section also institutes a requirement that athletes who
have previously contracted an infectious skin disease present a
federal infectious disease form bearing a licensed physician's stamp
or signature releasing them to participate in the activity.
Facilities that host wrestling tournaments are also required to have
working showers. No liability shall be imposed on any facility, school
district, nonpublic school or board of cooperative educational
services who has complied with this section and acted in good faith
and exercised reasonable care.

Section Two amends the education law by adding a new section §921
which requires wrestling coaches to complete a course of instruction
annually. The course of instruction required under this section shall
contain specific components and may be completed online. Also under
this section, schools are required to distribute materials from the
Department of Health website to pupils who participate in wrestling
and requires that the pupil sign a statement attesting that he or she
has received, and understands such information. No liability shall be
imposed on an employee or agent of a school district, nonpublic school
or board of cooperative educational services who has complied with
this section and acted in good faith and exercised reasonable care.

Section Three is the effective date.

JUSTIFICATION:


Methicillin-resistant Staphylococcus aureus (MRSA) is a bacteria that
is responsible for many serious infections. Because MRSA is resistant
to antibiotics, the infections are very difficult to treat and pose
severe health risks to those who contract them.

Padding used in school athletics is an ideal breeding ground for the
harmful bacteria that can lead to infectious and potentially life
threatening diseases. These surfaces can easily become contaminated
with infection-causing bacteria, which exposes participants of full
contact sports to the danger of contracting harmful infections such as
MRSA. Fortunately, educating students and supervisors about these
diseases and how to prevent them and sanitizing the mats on which
these activities take place are easy, low cost measures that can curb
the spread of MRSA and other skin infections.

This legislation would require school officials, coaches, teachers and
referees who supervise wrestling to take certain steps to prevent the
spread of disease in middle school and high school interscholastic
sports. These steps include disinfecting the mats with an inexpensive
disinfectant solution prior to each practice and each competition, and
whenever these personnel who supervise deem appropriate. By requiring
that the mats be cleaned prior to use, this bill ensures that
wrestlers commence their activity on an infection-free surface.
However, the supervisors of the sport retain discretion as to when
else the mats should be cleaned, without imposing any additional
requirements with respect to cleaning times. The cost of complying
with this section is reimbursable by the state and therefore, the
school would not have to incur any expense to comply.

In addition to cleaning the mats, any pupil who has previously
contracted an infectious skin disease would be required to produce a
federal infectious disease form authorized by a physician before
engaging in wrestling. This screening method ensures that any infected
student is cleared by a physician before they come into contact with
other wrestlers.

Showering prior to, and after, engaging in wrestling activities is
another measure that athletes can take to help prevent infection.
Available showers are especially important in tournament situations,
where the athletes are in the same place for long lengths of time
after they compete, as opposed to matches where the athletes return
home within a couple of hours. This legislation requires any facility
that hosts a tournament to have functioning showers available with
both hot and cold water, for both sexes.

This bill recognizes that unforeseen circumstances could arise where
the facility took steps to fulfill this requirement but were unable to
do so. To address this issue so that no undue liability is placed on a
facility or a school for failure to comply, this section eliminates
liability so long as the facility or school acted in good faith and
exercised reasonable care in carrying out their duty to clean mats,
receive infectious disease forms and provide showers to athletes as
required by this section. This would allow for facilities and schools
to take an alternative course of action if for example, the showers
become suddenly unavailable, such as distributing disinfectant wipes.


In addition to the aforementioned day to day requirements, education
and information are important components to ensure that both athletes
and personnel involved in wrestling are armed with the knowledge to
undertake measures to protect themselves and their pupils,
respectively, from contracting a skin infection. This legislation
provides for education and information to be available as easily as
possible and with little to no cost to the schools. Wrestling coaches
are required to complete a short course of instruction annually to
educate them on certain topics relating to skin infections and how to
prevent transmissions of such. There are online resources available
that coaches may use to fulfill their duty under this section. For
example, the New York State Public High School Athletic Association
provides a live webinar each year containing all of the items required
for the course of instruction that are set out in the bill.
Alternatively, schools may, but are not instructed to, establish their
own course of instruction for the purpose of providing wrestling
coaches with the required educational components enumerated in this
bill.

Public and non-public schools are required to provide information to
each pupil who participates in wrestling. The New York State
Department of Health website is a resource that contains information
on skin infections, and specifically the spread of skin infections
through high school athletics. This bill directs the school to make
this information available to the students who participate in
wrestling. If a student does not have internet access, the school is
responsible for providing such access to the student for the purpose
of viewing the information. Alternatively, the school may print out
the information from the website and distribute it to students, when
applicable. Currently, the Department's website contains much of the
information required by this legislation. The Department may update
their website to include all of the required information. If the
department does not make changes to their website to meet all the
specifications of this legislation, the school shall supplement the
information on the website to ensure that the students have received
information relating to each of the items enumerated in the bill. The
school must also receive from each student, a signed statement that
this information has been received and understood. The statement may
be included on any existing form already administered by the school to
wrestlers for their signature, so that a new form is not required by
this legislation. The statement must remain on file with the athletic
director for one year.

Liability shall be eliminated with respect to acts or omissions by
employees and agents of school districts, authorizing nonpublic
schools and boards of cooperative educational services when they acted
in good faith and exercised reasonable care in the course of carrying
out their duties with respect to the educational and informational
requirements of this bill.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Approximately $120 per year incurred by the school for cleaning
supplies, reimbursable by the state.


EFFECTIVE DATE:
This act shall take effect on September 1, 2012; provided, however,
that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

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

                                  5654

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation  to  health  requirements
  for wrestling

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

  Section 1. Section 3001-d of the education law is  renumbered  section
3001-e and a new section 3001-d is added to read as follows:
  S  3001-D.  HEALTH  REQUIREMENTS FOR WRESTLING.  1.  SCHOOL OFFICIALS,
COACHES, AND REFEREES WHO  SUPERVISE  WRESTLING  AND  SCHOOL  STAFF  WHO
ASSIST WRESTLING ACTIVITIES SHALL:
  (A)  DISINFECT  THE  WRESTLING  MAT  BEFORE EACH PRACTICE, BEFORE EACH
COMPETITION AND WHENEVER DEEMED APPROPRIATE DURING SUCH TIMES;
  (B) REQUIRE THAT ANY PERSON WHO HAS PREVIOUSLY  CONTRACTED  AN  INFEC-
TIOUS SKIN DISEASE THAT IS COMMUNICABLE TO PRESENT A NATIONAL FEDERATION
OF  STATE  HIGH  SCHOOL  ASSOCIATIONS  (NFHS)/NEW YORK STATE PUBLIC HIGH
SCHOOL ATHLETIC ASSOCIATION (NYSPHSAA) APPROVED INFECTIOUS DISEASE  FORM
BEARING  A LICENSED PHYSICIAN'S STAMP OR SIGNATURE RELEASING SUCH PERSON
TO PHYSICAL ACTIVITY PRIOR TO PARTICIPATING IN WRESTLING.
  2. (A) ANY FACILITY THAT HOSTS A WRESTLING TOURNAMENT SHALL HAVE WORK-
ING SHOWERS WITH BOTH HOT AND COLD WATER AVAILABLE FOR STUDENTS OF  BOTH
SEXES.
  (B)  FOR  PURPOSES OF THIS SECTION "TOURNAMENT" SHALL MEAN A WRESTLING
COMPETITION BETWEEN THREE OR MORE SCHOOLS.
  3. NO FACILITY, SCHOOL DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES OR ANY AGENT THEREOF, SHALL BE  HELD
LIABLE  FOR DAMAGES FOR INJURIES OR DEATH ALLEGED TO HAVE BEEN SUSTAINED
BY A PUPIL ARISING SOLELY FROM A FAILURE TO  COMPLY  WITH  THIS  SECTION
WHEN  THE  FACILITY,  SCHOOL  DISTRICT,  AUTHORIZING NONPUBLIC SCHOOL OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR  AGENT  THEREOF  ACTED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11233-13-1

S. 5654                             2

GOOD  FAITH  AND EXERCISED REASONABLE CARE IN THE COURSE OF CARRYING OUT
THE DUTIES REQUIRED UNDER THIS SECTION.
  4.  THE  COSTS  OF  COMPLIANCE  WITH THIS SECTION, EXCLUDING THE COSTS
RELATED TO THE REGULAR MAINTENANCE AND REPAIR OF SCHOOL FACILITIES,  BUT
INCLUDING SUCH WAGES AND PROCUREMENTS NECESSARY FOR COMPLIANCE, SHALL BE
BORNE BY THE STATE AND REIMBURSABLE TO THE SCHOOL.
  S  2. The education law is amended by adding a new section 921 to read
as follows:
  S 921. DISSEMINATION OF INFORMATION FOR INFECTIOUS DISEASES.  (A)  ALL
WRESTLING COACHES ARE REQUIRED TO COMPLETE ANNUALLY A COURSE OF INSTRUC-
TION RELATING TO THE RECOGNITION, TREATMENT AND MONITORING OF PUPILS WHO
SUFFER FROM INFECTIOUS SKIN DISEASES. THE COURSE OF INSTRUCTION REQUIRED
BY  THIS  SUBDIVISION  SHALL  INCLUDE, BUT NOT BE LIMITED TO:  THE DEFI-
NITION OF AN INFECTIOUS SKIN DISEASE, SIGNS AND SYMPTOMS  OF  INFECTIOUS
SKIN  DISEASE,  GUIDELINES    FOR  CONDUCTING SKIN INSPECTIONS, HOW SUCH
TRANSMISSIONS MAY OCCUR, THE IMPORTANCE OF CLEANLINESS  WITH  REGARD  TO
SHOES  WORN BY PLAYERS, COACHES AND REFEREES THAT COME INTO CONTACT WITH
THE MATS, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND  TO  WRESTLING
ACTIVITIES AFTER A PUPIL HAS SUFFERED AN INFECTIOUS SKIN DISEASE REGARD-
LESS  OF  WHETHER  THE  TRANSMISSION OF SUCH OCCURRED OUTSIDE OF SCHOOL.
SUCH COURSE OF INSTRUCTION MAY INCLUDE, BUT SHALL NOT BE LIMITED  TO,  A
WEBINAR  APPROVED  BY  THE  SCHOOL'S ATHLETIC ASSOCIATION.   SUCH COURSE
SHALL NOT EXCEED SIXTY MINUTES IN LENGTH.
  (B) BILINGUAL INFORMATION SHALL BE PROVIDED TO EVERY PUPIL PARTICIPAT-
ING IN WRESTLING, TO EACH WRESTLER WHO HAS SUFFERED AN  INFECTIOUS  SKIN
DISEASE AND TO EACH COACH OF A WRESTLING TEAM.  THE INFORMATION REQUIRED
BY THIS SUBDIVISION SHALL INCLUDE BUT NOT BE LIMITED TO:  THE DEFINITION
OF  AN  INFECTIOUS  SKIN  DISEASE, SIGNS AND SYMPTOMS OF INFECTIOUS SKIN
DISEASE, GUIDELINES  FOR CONDUCTING SKIN INSPECTIONS,  HOW  SUCH  TRANS-
MISSIONS  MAY  OCCUR, THE IMPORTANCE OF CLEANLINESS WITH REGARD TO SHOES
WORN BY PLAYERS, COACHES AND REFEREES THAT COME INTO  CONTACT  WITH  THE
MATS,  AND  THE  GUIDELINES  FOR  THE  RETURN TO SCHOOL AND TO WRESTLING
ACTIVITIES AFTER A PUPIL HAS SUFFERED AN INFECTIOUS SKIN DISEASE REGARD-
LESS OF WHETHER THE TRANSMISSION OF SUCH  OCCURRED  OUTSIDE  OF  SCHOOL.
SUCH  INFORMATION  MAY  BE  MADE AVAILABLE BY DIRECTING THE PUPIL TO THE
DEPARTMENT OF HEALTH WEBSITE;  PROVIDED,  HOWEVER,  IF  A  PUPIL  CANNOT
ACCESS  THE  WEBSITE THE SCHOOL SHALL MAKE THE WEBSITE AVAILABLE THROUGH
SCHOOL RESOURCES OR SHALL DISTRIBUTE THE SAME.  NO PUPIL SHALL ENGAGE IN
ORGANIZED PRACTICE FOR OR PARTICIPATE IN ANY  INTERSCHOLASTIC  WRESTLING
ACTIVITY  ON  BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES, UNLESS AND UNTIL THE  ATHLETE  SHALL  HAVE  SIGNED  AND
RETURNED  A  STATEMENT ATTESTING THAT HE OR SHE HAS RECEIVED OR READ AND
UNDERSTANDS THE INFORMATION REQUIRED BY THIS SECTION. SUCH STATEMENT MAY
BE INCLUDED ON ANY EXISTING FORM ADMINISTERED BY THE SCHOOL TO A  WREST-
LER THAT REQUIRES THE ATHLETE'S SIGNATURE FOR PARTICIPATION IN WRESTLING
ACTIVITIES.   EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL MAINTAIN ON FILE IN THE ATHLETIC DIRECTOR'S OFFICE FOR AT
LEAST ONE YEAR A COPY OF EACH STATEMENT RECEIVED. ANY  NONPUBLIC  SCHOOL
SHALL IMPLEMENT THE PROVISIONS OF SUCH RULES AND REGULATIONS.
  (C) NO SCHOOL DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD OF COOP-
ERATIVE  EDUCATIONAL SERVICES OR ANY AGENT THEREOF, SHALL BE HELD LIABLE
FOR DAMAGES FOR INJURIES OR DEATH ALLEGED TO HAVE BEEN  SUSTAINED  BY  A
PUPIL ARISING SOLELY FROM A FAILURE TO COMPLY WITH THIS SECTION WHEN THE
SCHOOL  DISTRICT,  AUTHORIZING  NONPUBLIC SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, OR AGENT THEREOF ACTED IN GOOD FAITH AND EXERCISED

S. 5654                             3

REASONABLE CARE IN THE COURSE OF CARRYING OUT THE DUTIES REQUIRED  UNDER
THIS SECTION.
  S  3.    This  act  shall  take effect on September 1, 2012; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.

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