Senate Bill S7161

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2010	referred to education

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2009-S7161 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§305 & 901, Ed L; add Art 9 Title 3 §9-301, Gen Ob L

2009-S7161 (ACTIVE) - Summary

Directs the commissioner of education to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; such rules and regulations shall apply to school districts, boards of cooperative educational services and nonpublic schools; 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 pupil and parents prior to participation in interscholastic sports

2009-S7161 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7161

 TITLE OF BILL :  An act to amend the education law, in relation to
directing the commissioner of education 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 liability for youth athletic
activities and authorizing youth athletic leagues to adopt such rules
and regulations for the treatment and monitoring of athletes who
suffer mild traumatic brain injuries

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

 SUMMARY OF PROVISIONS :  Section 1. Amends section 305 of the
education law to add subdivision 42 (a)(i) which provides that the
commissioner of education and an advisory committee must establish
minimum standards for all schools regarding treatment/monitoring of
students who suffer concussions while engaged in school instruction or
school sponsored activity.  These standards must contain a back to
play policy and must comply, at minimum, with the Centers for Disease
Control and Prevention.

Subdivision 42 (a)(ii) will add a requirement that the commissioner of

education and an advisory committee will be required to distribute to
all school districts an information pamphlet on the nature and risks
of concussions to specifically defined persons.

Subdivision 42 (a)(iii) will add a requirement that the commissioner
of education and an advisory committee promulgate and distribute to
all school districts a form which attests to receipt of the
aforementioned pamphlet and that signators have read the form and
understand the nature and risks of concussions. All pupils will be
prohibited from practice or engaging in interscholastic sports until
they, and their parent/guardian, have signed this form.

Subdivision 42 (b) will require, among other things, that the advisory
committee be composed of three members, two appointed by the
commissioner and one appointed by the commissioner of health. One of
the members appointed by the commissioner shall be an athletic
director of a school district in this state.

Subdivision 42 (c) will amend the education law to provide that the
rules and regulations established by this bill will be the minimum
standards to be complied with and will not prevent a school district
from instituting more stringent standards.

Section 2. Amends section 901 of the education law by adding
subdivision 3 which provides that the head health care professional in
each school district ensure implementation of the rules and regulation
relating to concussions.

Section 3. Amends article 9 of the general obligations law by adding a
new title 3 which reads "Liability For Youth Athletic Programs."

Article 9 of the general obligations law will be amended by adding a
new title 3 including section 9-301 which will limit liability for
school districts and not-for-profit youth sports programs for any
personal injury or death given certain conditions.

Section 9-301(2) defines "youth sports program."



Section 9-301(3) allows any not-for profit youth sports program to
adopt and implement standards and requirements for concussions and
nothing prohibits them from adopting more stringent standards.

 JUSTIFICATION :  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. A concussion is a type of
traumatic brain injury that can significantly impact the way a healthy
brain functions. If left untreated, concussions can lead to permanent
brain damage or even death. The amount of concussion injuries in New
York is significant. For example, 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. Further, children and teens are more likely to get
a concussion, and have a longer recovery time than adults.

Education is key in preventing these injuries. Often, athletes, as
well as parents and coaches, cannot identify the symptoms of a
concussion. This legislation would require, at minimum, a uniform
policy of concussion management to be instituted in schools throughout
New York. The policy would include protocol pertaining to the
monitoring and treatment of students with concussions, in conjunction
with necessary education. 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 in the first
place.

 LEGISLATIVE HISTORY :  None.

 FISCAL IMPLICATIONS :  To be determined.

 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.

2009-S7161 (ACTIVE) - Bill Text download pdf

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

                                  7161

                            I N  S E N A T E

                             March 18, 2010
                               ___________

Introduced  by  Sen.  HANNON -- 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 directing the  commis-
  sioner  of education to establish rules and regulations for the treat-
  ment and monitoring of students of school districts, boards of cooper-
  ative educational services  and  nonpublic  schools  who  suffer  mild
  traumatic brain injuries; and to amend the general obligations law, in
  relation  to  liability  for youth athletic activities and authorizing
  youth athletic leagues to adopt such rules  and  regulations  for  the
  treatment  and  monitoring of athletes 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. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
  42.  A.  THE  COMMISSIONER,  IN  CONSULTATION AND COOPERATION WITH THE
ADVISORY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH B OF THIS  SUBDIVI-
SION, SHALL:
  (I)  PROMULGATE,  IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
ESTABLISHING THE MINIMUM STANDARDS FOR ALL SCHOOL DISTRICTS,  BOARDS  OF
COOPERATIVE  EDUCATIONAL  SERVICES AND NONPUBLIC SCHOOLS RELATING TO THE
TREATMENT AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJU-
RIES, ALSO REFERRED TO AS "CONCUSSIONS", WHILE RECEIVING INSTRUCTION  OR
ENGAGING  IN  ANY  SCHOOL  SPONSORED OR RELATED ACTIVITY. SUCH RULES AND
REGULATIONS SHALL PROVIDE FOR THE APPROPRIATE LEVEL  OF  MONITORING  THE
CONDITION,  BOTH  MENTAL AND PHYSICAL, OF EVERY PUPIL WHO HAS SUFFERED A
MILD TRAUMATIC BRAIN INJURY, AND  PROVIDE  APPROPRIATE  RESTRICTIONS  ON
PARTICIPATION  IN ATHLETIC ACTIVITIES BY SUCH PUPILS, INCLUDING, BUT NOT
LIMITED TO, THE EXAMINATION BY AND WRITTEN APPROVAL OF THE CHIEF MEDICAL
OFFICER  OF  THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  OR NONPUBLIC SCHOOL PRIOR TO THE RESUMPTION OF ATHLETIC ACTIV-
ITIES BY A PUPIL WHO HAS SUFFERED A MILD  TRAUMATIC  BRAIN  INJURY.  ALL
RULES  AND  REGULATIONS PROMULGATED PURSUANT TO THIS SUBPARAGRAPH SHALL,
AT A MINIMUM, BE CONSISTENT AND COMPLY WITH THE BASELINE GUIDELINES  FOR

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

                                                           LBD15680-02-0

S. 7161                             2

MILD  TRAUMATIC  BRAIN  INJURIES  ESTABLISHED BY THE CENTERS FOR DISEASE
CONTROL AND PREVENTION OF THE FEDERAL DEPARTMENT  OF  HEALTH  AND  HUMAN
SERVICES;
  (II)  PROMULGATE  AND  DISTRIBUTE  TO  ALL SCHOOL DISTRICTS, BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES AND NONPUBLIC  SCHOOLS  AN  INFORMATION
PAMPHLET  TO  EDUCATE  COACHES,  PUPILS PARTICIPATING IN INTERSCHOLASTIC
SPORTS, PUPILS WHO HAVE  SUFFERED  MILD  TRAUMATIC  BRAIN  INJURIES  AND
PERSONS  IN PARENTAL RELATION TO A PUPIL ON THE NATURE AND RISKS OF MILD
TRAUMATIC BRAIN INJURIES.  A COPY OF SUCH PAMPHLET SHALL BE PROVIDED  TO
EVERY  TEACHER  OF  PHYSICAL  EDUCATION, COACH OF INTERSCHOLASTIC TEAMS,
EVERY INTERSCHOLASTIC STUDENT-ATHLETE, EVERY PUPIL WHO  SUFFERS  A  MILD
TRAUMATIC BRAIN INJURY AND THE PERSON IN PARENTAL RELATION TO EACH PUPIL
WHO  PARTICIPATES  IN  AN  INTERSCHOLASTIC  SPORT OR HAS SUFFERED A MILD
TRAUMATIC BRAIN INJURY; AND
  (III) PROMULGATE AND DISTRIBUTE TO ALL  SCHOOL  DISTRICTS,  BOARDS  OF
COOPERATIVE  EDUCATIONAL  SERVICES  AND  NONPUBLIC  SCHOOLS A FORM WHICH
ATTESTS TO RECEIPT OF THE PAMPHLET ESTABLISHED PURSUANT TO  SUBPARAGRAPH
(II)  OF  THIS PARAGRAPH AND THAT THE SIGNATORS HAVE READ AND UNDERSTAND
THE NATURE AND RISKS OF MILD TRAUMATIC BRAIN INJURIES.  NO  PUPIL  SHALL
PRACTICE  FOR  OR  ENGAGE IN INTERSCHOLASTIC SPORTS UNTIL SUCH PUPIL AND
THE PERSON IN PARENTAL RELATION TO HIM OR HER HAVE SIGNED SUCH FORM.
  B. THERE SHALL BE ESTABLISHED, WITHIN THIRTY  DAYS  OF  THE  EFFECTIVE
DATE  OF  THIS  SUBDIVISION,  AN ADVISORY COMMITTEE TO THE COMMISSIONER.
SUCH COMMITTEE SHALL BE COMPOSED OF  THREE  MEMBERS,  WITH  TWO  MEMBERS
APPOINTED  BY  THE  COMMISSIONER AND ONE MEMBER APPOINTED BY THE COMMIS-
SIONER OF HEALTH. ONE OF THE MEMBERS APPOINTED BY THE COMMISSIONER SHALL
BE AN ATHLETIC DIRECTOR OF A SCHOOL DISTRICT IN THIS STATE.  ALL MEMBERS
OF THE COMMITTEE SHALL HAVE KNOWLEDGE OF THE NATURE AND  RISKS  OF  MILD
TRAUMATIC BRAIN INJURY.
  C.  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, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
NONPUBLIC SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES.  NOTHING  IN
THIS  SUBDIVISION  SHALL  PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND  IMPLE-
MENTING MORE STRINGENT STANDARDS.
  S  2.  Section  901  of  the  education law is amended by adding a new
subdivision 3 to read as follows:
  3. THE HEAD HEALTH CARE PROFESSIONAL IN  EACH  SCHOOL  DISTRICT  SHALL
ENSURE  IMPLEMENTATION  OF  THE  RULES  AND REGULATIONS RELATING TO MILD
TRAUMATIC BRAIN INJURIES ESTABLISHED PURSUANT TO  SUBDIVISION  FORTY-TWO
OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
  S  3.  Article 9 of the general obligations law is amended by adding a
new title 3 to read as follows:
                                 TITLE 3
                      LIABILITY FOR YOUTH ATHLETIC
                                PROGRAMS
SECTION 9-301. LIABILITY OF SCHOOL DISTRICTS  AND  NOT-FOR-PROFIT  YOUTH
                 SPORTS PROGRAMS FOR ATHLETICS.
  S 9-301. LIABILITY OF SCHOOL DISTRICTS AND NOT-FOR-PROFIT YOUTH SPORTS
PROGRAMS  FOR  ATHLETICS.  1.  A SCHOOL DISTRICT OR NOT-FOR-PROFIT YOUTH
SPORTS PROGRAM SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH OF A
PERSON DUE TO ACTION OR INACTION OF ANY OTHER PERSON EMPLOYED BY, VOLUN-
TEERING WITH OR UNDER CONTRACT WITH SUCH  NOT-FOR-PROFIT  YOUTH  PROGRAM
IF:

S. 7161                             3

  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; AND
  C. THE NOT-FOR-PROFIT YOUTH SPORTS  PROGRAM  PROVIDES  SUCH  PROOF  OF
INSURANCE  TO  THE SCHOOL DISTRICT PRIOR TO USING THE FACILITIES OF SUCH
DISTRICT.
  2. FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS  ANY
PROGRAM  ORGANIZED FOR RECREATIONAL ATHLETIC COMPETITION AND/OR INSTRUC-
TION AND THE PARTICIPANTS IN WHICH ARE (A) NINETEEN YEARS OLD OR  YOUNG-
ER, OR (B) PHYSICALLY OR MENTALLY DISABLED, REGARDLESS OF AGE.
  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 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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Senate Bill S7161

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2009-S7161 (ACTIVE) - Details

2009-S7161 (ACTIVE) - Summary

2009-S7161 (ACTIVE) - Sponsor Memo

2009-S7161 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

James S. Alesi

John A. DeFrancisco

Charles J. Fuschillo Jr.

Owen H. Johnson

2009-S7161 (ACTIVE) - Details

2009-S7161 (ACTIVE) - Summary

2009-S7161 (ACTIVE) - Sponsor Memo

2009-S7161 (ACTIVE) - Bill Text download pdf

Comments