Assembly Bill A5188

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

                                  5188

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI,  COLTON,  JAFFEE, SPANO, DESTITO,
  LAVINE, WEPRIN, MILLMAN -- Multi-Sponsored by -- M. of A. BING, TITONE
  -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to requiring  neurocogni-
  tive  assessment  of  high  school  athletes  before  participation in
  contact sports and following any concussion or traumatic  head  injury
  and  requiring public school coaches to receive training in the recog-
  nition and management of concussions and traumatic head injuries

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

  Section  1.   This act shall be known and may be cited as the "concus-
sion and head injury management act".
  S 2. The education law is amended by adding two  new  sections  3001-e
and 3001-f to read as follows:
  S  3001-E.  CONCUSSION AND HEAD INJURY MANAGEMENT. 1.  DEFINITIONS. AS
USED IN THIS SECTION:
  A. "ATHLETE" MEANS A PERSON ENROLLED IN A PUBLIC SCHOOL WHO ENGAGES IN
COMPETITIVE SPORTS AT A HIGH SCHOOL.
  B. "CONCUSSION" MEANS A MILD BRAIN INJURY CAUSED BY A BLOW TO THE HEAD
OR A SUDDEN, VIOLENT MOTION THAT CAUSES THE BRAIN TO BUMP UP AGAINST THE
SKULL.
  C. "CONTACT SPORT" MEANS  BASKETBALL,  BASEBALL,  FOOTBALL,  SOFTBALL,
SOCCER,  WRESTLING,  ICE  HOCKEY,  FIELD HOCKEY, CHEERLEADING, LACROSSE,
SKIING OR VOLLEYBALL.
  D. "NEUROCOGNITIVE ASSESSMENT" MEANS SPECIALIZED  EVALUATION  THAT  IS
PRIMARILY  CONCERNED WITH LEARNING AND BEHAVIOR IN RELATIONSHIP TO BRAIN
FUNCTION TO DETERMINE WHETHER AN ATHLETE HAS RECOVERED FROM A  TRAUMATIC
BRAIN INJURY.
  2.  EACH  SCHOOL  DISTRICT  SHALL  IMPLEMENT  A NEUROCOGNITIVE TESTING
PROGRAM FOR ALL ATHLETES PARTICIPATING IN  A  CONTACT  SPORT  AND  SHALL
INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07508-03-1
              

A. 5188                             2

  A.  A  VALID  BASELINE  NEUROCOGNITIVE  ASSESSMENT  CONDUCTED PRIOR TO
PARTICIPATION IN THE SPORT.  THE  BASELINE  TESTING  WILL  BE  PERFORMED
EITHER  THROUGH  A  CONCUSSION MANAGEMENT PROFESSIONAL OR NEUROCOGNITIVE
ASSESSMENT TOOL. A BASELINE TESTING ASSESSMENT FOR AN ATHLETE  SHALL  BE
VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE OF THE ASSESSMENT; AND
  B.  A  POST-INJURY  NEUROCOGNITIVE  TESTING CONDUCTED AFTER AN ATHLETE
SUFFERS ANY CONCUSSION OR TRAUMATIC HEAD INJURY.
  3. A. ANY HIGH SCHOOL ATHLETE WHO IS SUSPECTED OF SUSTAINING A CONCUS-
SION OR TRAUMATIC HEAD INJURY DURING PRACTICE  OR  COMPETITION  MUST  BE
REMOVED FROM THE PRACTICE OR GAME IMMEDIATELY FOLLOWING THE INJURY.
  B.  AN ATHLETE WHO HAS BEEN REMOVED FROM A COMPETITION OR PRACTICE DUE
TO A SUSPECTED HEAD INJURY SHALL NOT RETURN TO PLAY:
  (1) UNLESS THE ATHLETE HAS  UNDERGONE  AND  SUCCESSFULLY  COMPLETED  A
POST-INJURY  NEUROCOGNITIVE TEST AS DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION; AND
  (2) AFTER THE ATHLETE  HAS  SUCCESSFULLY  COMPLETED  A  NEUROCOGNITIVE
TEST,  A LICENSED HEALTH CARE PROFESSIONAL HAS EVALUATED THE ATHLETE AND
HAS GIVEN WRITTEN PERMISSION TO RESUME SPORTS ACTIVITY.
  C. A RECORD OF ALL CONCUSSIONS OR TRAUMATIC HEAD INJURIES SUFFERED  BY
A HIGH SCHOOL ATHLETE SHALL BE KEPT WITH THE SCHOOL'S NURSE.
  S   3001-F.  CONCUSSION  AND  HEAD  INJURY  TRAINING  FOR  COACHES  OF
EXTRA-CLASS PUBLIC SCHOOL CONTACT ATHLETIC ACTIVITIES. 1. THE  BOARD  OF
EDUCATION  SHALL  DEVELOP AN APPROVED LIST OF TRAINING COURSES REGARDING
RECOGNITION AND MANAGEMENT OF CONCUSSIONS AND TRAUMATIC HEAD INJURIES.
  2. PERSONS EMPLOYED IN PUBLIC SCHOOLS AS COACHES OF A  CONTACT  SPORT,
AS  DEFINED  IN  SECTION  THREE  THOUSAND  ONE-E  OF THIS ARTICLE, SHALL
COMPLETE AN APPROVED TRAINING COURSE AS PROVIDED IN SUBDIVISION  ONE  OF
THIS  SECTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN; PROVIDED,
HOWEVER, THAT THE COMMISSIONER SHALL HAVE THE AUTHORITY TO ESTABLISH  BY
RULE  OR REGULATION AN ADDITIONAL TIME SCHEDULE FOR COMPLIANCE WITH THIS
SECTION. ALL PUBLIC SCHOOL COACHES SHALL COMPLETE AN ADDITIONAL TRAINING
COURSE NO LONGER THAN FIVE YEARS LATER THAN THE INITIAL TRAINING.
  S 3. This act shall take effect July 1, 2012 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.