S T A T E O F N E W Y O R K
________________________________________________________________________
10890--A
I N A S S E M B L Y
April 28, 2010
___________
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. HOOP-
ER -- read once and referred to the Committee on Education -- reported
and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to training of school
athletic coaches in the recognition and management of head injuries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. Concussions are one of the most common-
ly reported injuries in children and adolescents who participate in
sports and recreational activities. The centers for disease control and
prevention estimates that as many as three million nine hundred thousand
sports-related and recreation-related concussions occur in the United
States each year.
A concussion is a type of brain injury that can range from mild to
severe and can disrupt the way the brain normally works. It is caused by
a blow or motion to the head or body that causes the brain to move
rapidly inside the skull. The risk of catastrophic injuries or death is
significant when a concussion or head injury is not properly evaluated
and managed.
Concussions can occur in any organized or unorganized sport or recre-
ational activity and can result from a fall or from players colliding
with each other, the ground, or with obstacles. Concussions occur with
or without loss of consciousness, but the vast majority occurs without
loss of consciousness.
Continuing to play with a concussion or symptoms of head injury leaves
the young athlete especially vulnerable to greater injury and even
death. Despite some increased recognition about the importance of diag-
nosing and treating concussions, some affected youth athletes are prema-
turely returned to play, which can have harmful and potentially even
deadly results. It is therefore imperative that adults supervising
young athletes in school settings receive proper training to recognize
and evaluate concussions and other traumatic sport-related injuries in
order to ensure the safety of New York's children who compete in school-
related sports activities.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15019-08-0
A. 10890--A 2
S 2. The education law is amended by adding a new section 3001-e to
read as follows:
S 3001-E. HEAD INJURY RECOGNITION TRAINING FOR COACHES OF EXTRA-CLASS
PUBLIC SCHOOL ATHLETIC ACTIVITIES AND COACHES OF EXTRA-CLASS NONPUBLIC
SCHOOL ATHLETIC ACTIVITIES. 1. (A) COACHES OF EXTRA-CLASS PUBLIC SCHOOL
ATHLETIC ACTIVITIES AND COACHES OF EXTRA-CLASS NONPUBLIC SCHOOL ATHLETIC
ACTIVITIES SHALL RECEIVE TRAINING TO LEARN HOW TO RECOGNIZE THE SYMPTOMS
OF A CONCUSSION AND HOW TO SEEK PROPER MEDICAL TREATMENT FOR A PERSON
SUSPECTED OF HAVING A CONCUSSION.
(B) THE COMMISSIONER SHALL ESTABLISH BY REGULATION, IN CONSULTATION
WITH A REPRESENTATIVE FROM THE GOVERNING AUTHORITY FOR INTERSCHOLASTIC
ACTIVITIES, A REPRESENTATIVE FROM THE STATE ORGANIZATION REPRESENTING
LICENSED ATHLETIC TRAINERS, AND A REPRESENTATIVE FROM THE DEPARTMENT OF
HEALTH KNOWLEDGEABLE IN THE SUBJECT MATTER OF CONCUSSIONS, THE FOLLOWING
PROVISIONS:
(I) THE MINIMUM STANDARDS AND REQUIREMENTS OF THE TRAINING DESCRIBED
IN THIS SECTION, INCLUDING A LIST OF APPROVED PROVIDERS OF SUCH TRAIN-
ING; AND
(II) TIMELINES AND PROCEDURES TO ENSURE THAT, TO THE EXTENT PRACTICA-
BLE, EVERY COACH RECEIVES THE TRAINING DESCRIBED IN THIS SECTION; AND
(III) TIMELINES AND PROCEDURES TO ENSURE THAT, TO THE EXTENT PRACTICA-
BLE, EVERY SCHOOL ATHLETIC TEAM MEMBER AND PARENTS OR GUARDIANS OF
SCHOOL ATHLETIC TEAM MEMBERS ARE INFORMED OF CONCUSSION RISKS; AND
(IV) QUALIFICATIONS REQUIRED OF LICENSED HEALTH CARE PROFESSIONALS TO
BE PERMITTED TO PROVIDE MEDICAL RELEASES AS OUTLINED IN SUBPARAGRAPH
(II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
(C) IMPLEMENTATION OF REGULATIONS ENACTED PURSUANT TO THIS SUBDIVISION
SHALL NOT BE MADE THE RESPONSIBILITY OF THE EMPLOYING SCHOOL DISTRICT OR
NONPUBLIC SCHOOL UNLESS STATE FUNDING OR REIMBURSEMENT IS PROVIDED FOR
ASSOCIATED COSTS.
(D) PRIOR TO PARTICIPATION ON A SCHOOL ATHLETIC TEAM, THE TEAM MEMBERS
AND PARENTS OR GUARDIANS MUST SUBMIT A SIGNED FORM ACKNOWLEDGING RECEIPT
OF THE INFORMATION PROVIDED PURSUANT TO REGULATIONS PROMULGATED IN
SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
2. (A) A COACH MAY NOT ALLOW A MEMBER OF A SCHOOL ATHLETIC TEAM TO
PARTICIPATE IN ANY ATHLETIC EVENT OR TRAINING ON THE SAME DAY THAT THE
MEMBER:
(I) EXHIBITS SIGNS, SYMPTOMS OR BEHAVIORS CONSISTENT WITH A CONCUSSION
FOLLOWING AN OBSERVED OR SUSPECTED INJURY TO THE HEAD OR BODY; OR
(II) HAS BEEN DIAGNOSED WITH A CONCUSSION.
(B) A COACH MAY ALLOW A MEMBER OF A SCHOOL ATHLETIC TEAM WHO IS
PROHIBITED FROM PARTICIPATING IN AN ATHLETIC EVENT OR TRAINING, AS
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, TO PARTICIPATE IN AN
ATHLETIC EVENT OR TRAINING NO SOONER THAN THE DAY AFTER THE MEMBER EXPE-
RIENCED AN INJURY TO THE HEAD OR BODY AND ONLY AFTER THE MEMBER:
(I) NO LONGER EXHIBITS SIGNS, SYMPTOMS OR BEHAVIORS CONSISTENT WITH A
CONCUSSION; AND
(II) RECEIVES A MEDICAL RELEASE FROM A LICENSED HEALTH CARE PROFES-
SIONAL WITH QUALIFICATIONS AS DEFINED PURSUANT TO SUBPARAGRAPH (IV) OF
PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
S 3. This act shall take effect July 1, 2011 and shall apply to all
school years commencing on or after such date; provided that effective
immediately, the commissioner of education is authorized and directed to
promulgate all rules and regulations and take all actions necessary to
implement the provisions of this act on or before its effective date.