NY State Senate Bill 2009-S7572

Senate Bill S7572

2009-2010 Legislative Session

Directs the commissioner of education to establish rules and regulations for the treatment and monitoring of students who suffer concussions or head injuries

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2010	referred to education

2009-S7572 (ACTIVE) - Details

See Assembly Version of this Bill:: A10818
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, add §3001-e, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S4848, A7885

2009-S7572 (ACTIVE) - Summary

Directs the commissioner of education to establish rules and regulations for the treatment and monitoring of students who suffer concussions or head injuries and requires that certain school employees who suspect a student of having suffered a concussion or head injury remove such student from physical activity or athletic competition until the student provides a written form from a licensed health care professional authorizing the student to participate in such activities.

2009-S7572 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7572

 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 who suffer concussions or head
injuries


 PURPOSE OR GENERAL IDEA OF BILL :
It is the purpose of this legislation to establish standards and
guidelines for school districts regarding concussions and head
injuries sustained during student athletic events.

 SUMMARY OF SPECIFIC PROVISIONS :
The New York State Department of Education shall work in concert with
the New York State Department of Health and the New York State Public
High School Athletic Association to develop guidelines to establish
standards for school districts regarding concussion and head injuries
sustained during school athletic games.

The New York State Department of Education shall work in concert with
the New York State Department of Health and the New York State Public
High School Association to develop pertinent information and forms to
inform and educate coaches, youth athletes, and their parents and/or
guardians of the nature and risk of concussion and head injury

including continuing to play after concussion or head injury.

On a yearly basis, a concussion and head injury information sheet
shall be signed and returned by the youth athlete and the athlete's
parent and/or guardian prior to the youth athlete's initiating
practice or competition.

A youth athlete who is suspected of sustaining a concussion or head
injury in a practice or game shall be removed from competition at that
time.

A youth athlete who has been removed from play may not return to play
until the athlete is evaluated by a licensed health care provider
trained in the evaluation and management of concussion and receives
written clearance to return to play from that health care provider.

 JUSTIFICATION :
Concussions are one of the most commonly 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 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 are significant when a concussion or
head injury is not properly evaluated and managed.

Concussions are a type of brain injury that can range from mild to
severe and can disrupt the way the brain normally works. Concussions
can occur in any organized or unorganized sport or recreational
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 having generally recognized return to play standards
for concussion and head injury, some affected youth athletes are

prematurely returned to play resulting in actual or potential physical
injury or death to youth athletes in the state of New York.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :


 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-S7572 (ACTIVE) - Bill Text download pdf

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

                                  7572

                            I N  S E N A T E

                             April 22, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 who suffer concussions or  head  inju-
  ries

  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
DEPARTMENT  OF HEALTH AND THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
ASSOCIATION, SHALL:
  (1) 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  OR ARE SUSPECTED OF
SUFFERING CONCUSSIONS AND HEAD INJURIES 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 OR
IS SUSPECTED OF SUFFERING A  CONCUSSION  OR  HEAD  INJURY,  AND  PROVIDE
APPROPRIATE RESTRICTIONS ON PARTICIPATION IN ATHLETIC ACTIVITIES BY SUCH
PUPILS,  INCLUDING, BUT NOT LIMITED TO, REQUIRING A WRITTEN RELEASE FORM
FROM A LICENSED HEALTH CARE  PROVIDER  TRAINED  IN  THE  EVALUATION  AND
MANAGEMENT  OF  CONCUSSIONS AND HEAD INJURIES PRIOR TO THE RESUMPTION OF
ATHLETIC ACTIVITIES BY A PUPIL WHO  HAS  SUFFERED  OR  IS  SUSPECTED  OF
SUFFERING A CONCUSSION OR HEAD INJURY;
  (2) PROMULGATE AND DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF COOP-
ERATIVE  EDUCATIONAL  SERVICES  AND  NONPUBLIC  SCHOOLS  AN  INFORMATION
PAMPHLET TO EDUCATE COACHES,  PUPILS  PARTICIPATING  IN  INTERSCHOLASTIC
SPORTS,  PUPILS  WHO HAVE SUFFERED OR ARE SUSPECTED OF SUFFERING CONCUS-
SIONS OR HEAD INJURIES AND PERSONS IN PARENTAL RELATION TO  A  PUPIL  ON
THE  NATURE  AND  RISKS OF CONCUSSIONS AND HEAD INJURIES. A COPY OF SUCH

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

                                                           LBD16990-02-0

S. 7572                             2

PAMPHLET SHALL BE PROVIDED ANNUALLY TO EVERY TEACHER OF PHYSICAL  EDUCA-
TION, COACH OF INTERSCHOLASTIC TEAMS, EVERY INTERSCHOLASTIC STUDENT-ATH-
LETE,  EVERY PUPIL WHO SUFFERS OR IS SUSPECTED OF SUFFERING A CONCUSSION
OR  HEAD  INJURY  AND  THE PERSON IN PARENTAL RELATION TO EACH PUPIL WHO
PARTICIPATES IN AN INTERSCHOLASTIC SPORT OR HAS SUFFERED OR IS SUSPECTED
OF SUFFERING A CONCUSSION OR HEAD INJURY; AND
  (3) PROMULGATE AND DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES AND NONPUBLIC SCHOOLS A FORM WHICH  ATTESTS
TO  RECEIPT  OF THE PAMPHLET ESTABLISHED PURSUANT TO SUBPARAGRAPH TWO OF
THIS PARAGRAPH AND THAT THE  SIGNATORS  HAVE  READ  AND  UNDERSTAND  THE
NATURE  AND RISKS OF CONCUSSIONS AND HEAD INJURIES. NO PUPIL SHALL PRAC-
TICE FOR OR ENGAGE IN INTERSCHOLASTIC SPORTS UNTIL SUCH  PUPIL  AND  THE
PERSON  IN  PARENTAL RELATION TO HIM OR HER HAVE SIGNED SUCH FORM. A NEW
FORM SHALL BE SIGNED BY THE PUPIL AND THE PERSON IN PARENTAL RELATION TO
HIM OR HER IN EVERY YEAR IN WHICH SUCH PUPIL PRACTICES FOR OR ENGAGES IN
INTERSCHOLASTIC SPORTS.
  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, BOARD OF COOPERATIVE EDUCATIONAL SERVICES  AND
NONPUBLIC  SCHOOL  RELATING TO CONCUSSIONS AND HEAD 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. The education law is amended by adding a new  section  3001-e  to
read as follows:
  S 3001-E. STUDENTS SUSPECTED OF SUFFERING A CONCUSSION OR HEAD INJURY.
1.  ANY TEACHER, COACH, SCHOOL ADMINISTRATOR, SCHOOL GUIDANCE COUNSELOR,
SCHOOL PSYCHOLOGIST, SCHOOL DRUG COUNSELOR, SCHOOL NURSE, SUPERVISOR  OF
ATTENDANCE,  ATTENDANCE  TEACHER OR ATTENDANCE OFFICER HAVING REASONABLE
CAUSE TO SUSPECT THAT A SECONDARY OR ELEMENTARY STUDENT HAS  SUFFERED  A
CONCUSSION OR HEAD INJURY SHALL IMMEDIATELY REMOVE SUCH STUDENT FROM ANY
PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
  2.  ANY  STUDENT  WHO  HAS  BEEN REMOVED FROM ANY PHYSICAL ACTIVITY OR
ATHLETIC COMPETITION DUE TO SUSPICION OF SUCH STUDENT HAVING SUFFERED  A
CONCUSSION  OR  HEAD INJURY SHALL NOT RETURN TO ANY PHYSICAL ACTIVITY OR
ATHLETIC COMPETITION UNTIL SUCH STUDENT HAS PROVIDED A  WRITTEN  RELEASE
FORM  FROM A LICENSED HEALTH CARE PROVIDER TRAINED IN THE EVALUATION AND
MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES STATING THAT THE STUDENT MAY
RETURN TO PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
  S 3. 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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