Senate Bill S3953A

Signed By Governor

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 19, 2011	signed chap.496
Sep 12, 2011	delivered to governor
Jun 14, 2011	returned to senate passed assembly ordered to third reading rules cal.199 substituted for a8194
Jun 13, 2011	referred to ways and means delivered to assembly passed senate
Jun 06, 2011	amended on third reading (t) 3953b
Mar 31, 2011	advanced to third reading
Mar 30, 2011	2nd report cal.
Mar 29, 2011	1st report cal.280
Mar 21, 2011	print number 3953a
Mar 21, 2011	amend and recommit to health
Mar 10, 2011	referred to health

Votes

- Jun 13, 2011 - Floor Vote
  S3953A
  
  Aye
  
  61
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 13, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      DeFrancisco
  Mar 29, 2011 - Health Committee Vote
  S3953A
  
  Aye
  
  12
  
  Nay
  
  0
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Mar 29, 2011
      
      aye (12)
      
      Adams
      
      Ball
      
      Farley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (5)
      
      Duane
      
      Gianaris
      
      Kruger
      
      Montgomery
      
      Rivera

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2011-S3953 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; amd §305, Ed L; add Art 9 Title 3 §§9-301 & 9-303, Gen Ob L

2011-S3953 - Summary

Enacts the "concussion management and awareness act"; directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; requires school personnel to receive training in mild traumatic brain injuries; such rules and regulations shall apply to school districts and boards of cooperative educational services

2011-S3953 - Sponsor Memo

                                BILL NUMBER:S3953

TITLE OF BILL:
An act
to amend the public health law and
the education law,
in relation to directing the commissioners of
education and health
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 the
liability of school districts, nonpublic schools and boards of
cooperative educational services

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

SUMMARY OF PROVISIONS:
Section 1. Creates the short title, "Concussion Management and
Awareness Act."

Section 2. Amends section 206 of the public health law to add a new
subdivision 28 that would require the Commissioner of Health to work
in conjunction with the Commissioner of Education to promulgate rules
and regulations relating to pupils who suffer mild traumatic brain
injuries and provide for the posting of the information on the
Department of Health (DOH) website.

Section 3. Amends section 305 of the education law to add a new
subdivision 42 which will require the Commissioner of Education, the
Commissioner of Health, and other articulated entities to:

o Promulgate, implement, and update rules and regulations establishing
a course of instruction relating to concussions that will be required
to be completed on a biennial basis by certain school personnel.

o Promulgate, implement, and update rules and regulations establishing
an informational pamphlet relating to concussions that must be
provided to specified persons and posted on the websites of the
Department of Education and Department of Health. Require a signed
statement by those in parental relation to a pupil attesting that
they have received and understand the pamphlet prior to any practice
or participation in any interscholastic sport on behalf of the school
district.

o Promulgate, implement, and regularly update rules and regulations
requiring every school district to establish a concussion management
team that includes specified school personnel. The concussion
management team will have the primary responsibility of implementing
rules and regulations relative to concussions and will ensure that
appropriate faculty are provided with training relating to concussions.

o Promulgate, implement and regularly update rules and regulations to
be carried out by each concussion management team including the
immediate removal from athletic activities of a pupil believed to
have sustained or who has sustained a concussion, the reporting of
such injury to the Education Department, and the evaluation of the
pupil pursuant to guidelines established by the Education Department.
In the event that there is
any doubt as to whether a pupil has sustained a concussion, it shall
be presumed that he/she has sustained a concussion until proven
otherwise. No pupil shall resume athletic activity until they are
symptom free for 24 hours and have been evaluated and received
written and signed authorization from a physician trained in the
evaluation and treatment of concussions. Such guidelines are
considered to be the minimum guidelines that must be complied with by
a school district.

Section 4. Amends Article 9 of the general obligations law to add a
new title 3 to read "Liability of Schools."

o Includes sections 9-301
and 9-303 which will limit liability for school districts and
not-for-profit youth sports programs for any personal injury or death
given certain conditions.

JUSTIFICATION:
A concussion is a type of traumatic brain injury (TBI) that can
significantly impact the way a healthy brain functions. If left
untreated, concussions can lead to permanent brain damage or even
death. According to the Centers for Disease Control and Prevention,
an estimated 1.7 million people sustain a TBI injury nationally. Of
these, 52,000 die and 275,000 are hospitalized.

TBI is a contributing factor to a third of all injury-related deaths
in the United States. The number of concussions sustained by youth is
significant. The CDC reports that each year, U.S. emergency
departments treat an estimated 135,000 sports and recreation-related
TBIs, including concussions, among children ages 5 to 18.
Furthermore, 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. While athletes highlight the significant concerns
of concussions, children and teens, in general, are more likely to
get a concussion, and have a longer recovery time than adults.

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. Often, athletes and pupils, as well as
parents and coaches, cannot identify the symptoms of a concussion.
This legislation would require that each school district have a
concussion management team composed of health and sports staff with
the charge to collaborate and implement guidelines set forth by the
Department of Health and Department of Education. The term will be
responsible for overseeing staff training, educating parents and
students about concussions, and helping to transition students who
have sustained a concussion back into school as well as back into
play consistent with specified guidelines.

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.

LEGISLATIVE HISTORY:
S.7161 of 2009-2010

FISCAL IMPLICATIONS:
The fiscal implications on school districts will
be mitigated through the use training courses facilitated through
online and conference call means. Such courses will be approved
through the Department of Education and are projected to have minimal
costs.

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.

2011-S3953 - Bill Text download pdf

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

                                  3953

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sens.  HANNON,  MAZIARZ,  BALL -- read twice and ordered
  printed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to directing the commissioners of education and  health  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  the  liability  of
  school  districts,  nonpublic schools and boards of cooperative educa-
  tional services

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "concussion management and awareness act".
  S 2. Section 206 of the public health law is amended by adding  a  new
subdivision 28 to read as follows:
  28.  THE  COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE RULES AND REGULATIONS,  RELATING  TO  PUPILS  WHO
SUFFER  MILD  TRAUMATIC  BRAIN  INJURIES, IN ACCORDANCE WITH SUBDIVISION
FORTY-TWO OF SECTION THREE  HUNDRED  FIVE  OF  THE  EDUCATION  LAW,  AND
PROVIDE  FOR  THE  POSTING  ON THE DEPARTMENT'S INTERNET WEBSITE OF SUCH
INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 42 to read as follows:
  42.  A.  THE COMMISSIONER AND THE COMMISSIONER OF HEALTH, IN CONSULTA-
TION AND COOPERATION WITH THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
ASSOCIATION, PUBLIC AND NONPUBLIC SCHOOL ATHLETIC TRAINERS,  PUBLIC  AND
NONPUBLIC  SCHOOL  INTERSCHOLASTIC  SPORTS  COACHES  AND  PUBLIC  SCHOOL
MEDICAL AND HEALTH PROFESSIONALS, SHALL:
  (I) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY  RULES  AND  REGULATIONS
ESTABLISHING A COURSE OF INSTRUCTION RELATING TO THE RECOGNITION, TREAT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09691-06-1

S. 3953                             2

MENT  AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJURIES,
ALSO REFERRED TO AS  A  "CONCUSSION",  WHILE  RECEIVING  INSTRUCTION  OR
ENGAGING  IN  ANY  SCHOOL  SPONSORED OR RELATED ACTIVITY. SUCH COURSE OF
INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL
COACHES, NURSES AND ATHLETIC TRAINERS OF EVERY SCHOOL DISTRICT AND BOARD
OF  COOPERATIVE EDUCATIONAL SERVICES, AND BE COMPLETED BY SUCH PERSONNEL
EMPLOYED BY AN AUTHORIZING NONPUBLIC SCHOOL.  THE COURSE OF  INSTRUCTION
REQUIRED  BY THIS SUBPARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
DEFINITION OF A "CONCUSSION", SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN
INJURIES, HOW SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN
TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED  A
MILD  TRAUMATIC  BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED
OUTSIDE OF SCHOOL. SUCH TRAINING MAY BE COMPLETED BY MEANS OF COURSES OF
INSTRUCTION, INCLUDING BUT NOT LIMITED TO, COURSES PROVIDED  ONLINE  AND
BY  TELECONFERENCE  APPROVED  BY  THE  DEPARTMENT  AND THE DEPARTMENT OF
HEALTH;
  (II) PROMULGATE, IMPLEMENT AND UPDATE ANNUALLY RULES  AND  REGULATIONS
ESTABLISHING  AN INFORMATIONAL PAMPHLET RELATING TO MILD TRAUMATIC BRAIN
INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A
"CONCUSSION", SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN  INJURIES,  HOW
SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND
TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC
BRAIN  INJURY  REGARDLESS  OF  WHETHER  SUCH  INJURY OCCURRED OUTSIDE OF
SCHOOL. SUCH INFORMATIONAL PAMPHLET SHALL BE  PROVIDED  TO  EVERY  PUPIL
PARTICIPATING  IN  INTERSCHOLASTIC  SPORTS AND TO THE PERSON IN PARENTAL
RELATION TO SUCH PUPIL, TO EACH PUPIL WHO HAS SUFFERED A MILD  TRAUMATIC
BRAIN  INJURY  AND  TO THE PERSON IN PARENTAL RELATION TO SUCH PUPIL, TO
EVERY TEACHER OF PHYSICAL EDUCATION, TO EACH COACH OF AN INTERSCHOLASTIC
TEAM, TO EACH MEMBER OF A CONCUSSION MANAGEMENT TEAM ESTABLISHED  PURSU-
ANT  TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, AND SHALL BE POSTED ON THE
INTERNET WEBSITES OF THE DEPARTMENT AND THE  DEPARTMENT  OF  HEALTH.  NO
PUPIL  SHALL  ENGAGE  IN  ORGANIZED  PRACTICE  FOR OR PARTICIPATE IN ANY
INTERSCHOLASTIC SPORT ON BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, UNLESS AND  UNTIL  THE  PERSON  IN  PARENTAL
RELATION  TO  SUCH  PUPIL  SHALL  HAVE  SIGNED  AND RETURNED A STATEMENT
ATTESTING THAT HE OR SHE HAS RECEIVED, READ AND UNDERSTANDS THE INFORMA-
TIONAL PAMPHLET REQUIRED BY THIS SUBPARAGRAPH. EVERY SCHOOL DISTRICT AND
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL MAINTAIN ON FILE IN  THE
PUPIL'S  PERMANENT  HEALTH  RECORD,  A  COPY  OF EACH PARENTAL STATEMENT
RECEIVED.  ANY NONPUBLIC SCHOOL MAY IMPLEMENT  THE  PROVISIONS  OF  SUCH
RULES AND REGULATIONS;
  (III) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
REQUIRING  EVERY  SCHOOL  DISTRICT  AND BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, AND AUTHORIZING NONPUBLIC SCHOOLS, TO ESTABLISH  A  CONCUSSION
MANAGEMENT  TEAM.  EACH  CONCUSSION MANAGEMENT TEAM SHALL BE COMPOSED OF
THE ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN,  A
COACH  OF  AN  INTERSCHOLASTIC  TEAM, AN ATHLETIC TRAINER AND SUCH OTHER
APPROPRIATE PERSONNEL AS SHALL BE DESIGNATED BY THE DISTRICT  OR  BOARD.
THE  CONCUSSION  MANAGEMENT  TEAM  SHALL  BE THE ENTITY WITH THE PRIMARY
RESPONSIBILITY OF IMPLEMENTING THE  RULES  AND  REGULATIONS  PROMULGATED
PURSUANT  TO  SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH IN ITS SCHOOL
DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES.  IN  PARTICULAR,  A  CONCUSSION  MANAGEMENT TEAM SHALL
ENSURE THAT EVERY COACH, ASSISTANT COACH, VOLUNTEER COACH, AND  PHYSICAL
EDUCATION  TEACHER  THAT  WORKS  WITH AND PROVIDES INSTRUCTION TO PUPILS
ENGAGED IN ATHLETIC ACTIVITIES SHALL HAVE COMPLETED TRAINING RELATING TO

S. 3953                             3

MILD TRAUMATIC BRAIN INJURIES.  SUCH TRAINING SHALL  INCLUDE  THE  SIGNS
AND  SYMPTOMS  OF  MILD  TRAUMATIC  BRAIN  INJURIES, POST CONCUSSION AND
SECOND IMPACT SYNDROMES, RETURN TO SCHOOL AND  TO  ATHLETICS  GUIDELINES
AND  REQUIREMENTS, AND THE AVAILABLE RESOURCES FOR CONCUSSION MANAGEMENT
AND TREATMENT. FURTHERMORE, EVERY CONCUSSION MANAGEMENT TEAM MAY  ESTAB-
LISH AND IMPLEMENT A PROGRAM WHICH PROVIDES INFORMATION ON MILD TRAUMAT-
IC  BRAIN INJURIES TO PERSONS IN PARENTAL RELATIONS TO PUPILS THROUGHOUT
EACH SCHOOL YEAR.
  (IV) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS,
TO BE CARRIED OUT  BY  EACH  CONCUSSION  MANAGEMENT  TEAM,  WHICH  SHALL
PROVIDE  FOR  THE EVALUATION, TREATMENT AND MANAGEMENT OF PUPILS WHO ARE
BELIEVED TO HAVE SUSTAINED MILD TRAUMATIC BRAIN INJURIES. SUCH RULES AND
REGULATIONS SHALL REQUIRE THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES
OF ANY PUPIL BELIEVED TO HAVE SUSTAINED OR  WHO  HAS  SUSTAINED  A  MILD
TRAUMATIC  BRAIN INJURY, THE REPORTING OF SUCH INJURY TO THE DEPARTMENT,
AND AN EVALUATION OF SUCH PUPIL PURSUANT TO SPECIFIED GUIDELINES. IN THE
EVENT THAT THERE IS ANY DOUBT AS TO WHETHER  A  PUPIL  HAS  SUSTAINED  A
CONCUSSION,  IT  SHALL  BE  PRESUMED  THAT HE OR SHE HAS BEEN SO INJURED
UNTIL PROVEN OTHERWISE. NO SUCH PUPIL  SHALL  RESUME  ATHLETIC  ACTIVITY
UNTIL  HE  OR  SHE  SHALL  HAVE  BEEN  SYMPTOM  FREE  FOR  NOT LESS THAN
TWENTY-FOUR HOURS, AND HAS BEEN EVALUATED BY AND  RECEIVED  WRITTEN  AND
SIGNED  AUTHORIZATION  FROM  A  PHYSICIAN  TRAINED IN THE EVALUATION AND
TREATMENT OF MILD TRAUMATIC BRAIN INJURIES.  SUCH AUTHORIZATION SHALL BE
KEPT ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD.  FURTHERMORE,  SUCH
RULES  AND  REGULATIONS  SHALL  PROVIDE  GUIDELINES  FOR LIMITATIONS AND
RESTRICTIONS ON SCHOOL ATTENDANCE AND ACTIVITIES  FOR  PUPILS  WHO  HAVE
SUSTAINED  MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE DIRECTIVES
OF THE PUPIL'S TREATING PHYSICIAN. IN ADDITION TO  THE  REQUIREMENTS  OF
THE  RULES  AND  REGULATIONS  ESTABLISHED PURSUANT TO THIS SUBPARAGRAPH,
EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ESTABLISH AND UPDATE POLICIES, AS NEEDED AND CONSISTENT WITH  THE  RULES
AND REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH, THAT REFLECT THE
MOST CURRENT AVAILABLE INFORMATION AND PRACTICES ON THE PREVENTION, RISK
AND TREATMENT OF SPORTS-RELATED MILD TRAUMATIC BRAIN INJURIES.
  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 AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. NOTHING IN THIS SUBDI-
VISION SHALL PROHIBIT ANY SCHOOL DISTRICT, BOARD OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE
STRINGENT STANDARDS.
  S 4. Article 9 of the general obligations law is amended by  adding  a
new title 3 to read as follows:
                                 TITLE 3
                          LIABILITY OF SCHOOLS
SECTION 9-301. LIABILITY  OF  SCHOOL  DISTRICTS,  NONPUBLIC  SCHOOLS AND
                 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
        9-303. LIABILITY OF SCHOOL DISTRICTS  FOR  NOT-FOR-PROFIT  YOUTH
                         SPORTS PROGRAMS.
  S  9-301.  LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS AND BOARDS
OF COOPERATIVE EDUCATIONAL  SERVICES.    A  SCHOOL  DISTRICT,  NONPUBLIC
SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE
FOR ANY PERSONAL INJURY OR DEATH OF A PERSON DUE TO ACTION  OR  INACTION
OF  ANY  OTHER  PERSON  EMPLOYED BY SUCH DISTRICT, SCHOOL OR BOARD, WHEN
SUCH ACTION OR INACTION TAKES PLACE UPON DISTRICT, SCHOOL OR BOARD PROP-
ERTY DURING THE DELIVERY OF SERVICES THEREBY.

S. 3953                             4

  S 9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH SPORTS
PROGRAMS.  1. A SCHOOL DISTRICT, NONPUBLIC SCHOOL OR  BOARD  OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY
OR DEATH OF A PERSON DUE TO ACTION  OR  INACTION  OF  ANY  OTHER  PERSON
EMPLOYED  BY, VOLUNTEERING WITH OR UNDER CONTRACT WITH SUCH NOT-FOR-PRO-
FIT YOUTH PROGRAM IF:
  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;
  C.  THE  NOT-FOR-PROFIT  YOUTH  SPORTS  PROGRAM PROVIDES SUCH PROOF OF
INSURANCE TO THE SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD  OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  PRIOR  TO  USING  THE  FACILITIES  OF SUCH
DISTRICT, SCHOOL OR BOARD; AND
  D. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES  A  STATEMENT  AND
PROOF  OF COMPLIANCE WITH THE DISTRICT'S, SCHOOL'S OR BOARD'S POLICY AND
GUIDELINES FOR THE TREATMENT AND  MANAGEMENT  OF  MILD  TRAUMATIC  BRAIN
INJURIES AND OTHER HEAD INJURIES.
  2.  FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS ONE
OR MORE SPORTS TEAMS ORGANIZED PURSUANT TO A NOT-FOR-PROFIT  OR  SIMILAR
CHARTER,  OR  WHICH  ARE MEMBER TEAMS IN A LEAGUE ORGANIZED BY OR AFFIL-
IATED WITH A COUNTY OR RECREATION DEPARTMENT.
  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  5.  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.

co-Sponsors

View additional co-sponsors

2011-S3953A - Details

Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; amd §305, Ed L; add Art 9 Title 3 §§9-301 & 9-303, Gen Ob L

2011-S3953A - Summary

2011-S3953A - Sponsor Memo

                                BILL NUMBER:S3953A

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

SUMMARY OF PROVISIONS:

Section 1. Creates the short title, "Concussion Management and
Awareness Act."

Section 2. Amends section 206 of the public health law to add a new
subdivision 28 that would require the Commissioner of Health to work
in conjunction with the Commissioner of Education to promulgate rules
and regulations relating to pupils who suffer mild traumatic brain
injuries and provide for the posting of the information on the
Department of Health (DOH) website.

Section 3. Amends section 305 of the education law to add a new
subdivision 42 which will require the Commissioner of Education, the
Commissioner of Health, and other articulated entities to:

o Promulgate, implement, and update rules and regulations establishing
a course of instruction relating to concussions that will be required
to be completed on a biennial basis by certain school personnel.

o Promulgate, implement, and update rules and regulations establishing
an informational pamphlet relating to concussions that must be
provided to specified persons and posted on the websites of the
Department of Education and Department of Health. Require a signed
statement by those in parental relation to a pupil attesting that
they have received and understand the pamphlet prior to any practice
or participation in any interscholastic sport on behalf of the school
district.

a Promulgate, implement, and regularly update rules and regulations
requiring every school district to establish a concussion management
team that includes specified school personnel. The concussion
management team will have the primary responsibility of implementing
rules and
regulations relative to concussions and will ensure that appropriate
faculty are provided with training relating to concussions.

o Promulgate, implement and regularly update rules and regulations to
be carried out by each concussion management team including the
immediate removal from athletic activities of a pupil believed to
have sustained or who has sustained a concussion, the reporting of
such injury to the Education Department, and the evaluation of the
pupil pursuant to guidelines established by the Education Department.
In the event that there is any doubt as to whether a pupil has
sustained a concussion, it shall be presumed that he/she has
sustained a concussion until proven otherwise. No pupil shall resume
athletic activity until they are symptom free for 24 hours and have
been evaluated and received written and signed authorization from a
physician trained in the evaluation and treatment of concussions.


Such guidelines are considered to be the minimum guidelines that must
be complied with by a school district.

Section 4. Amends Article 9 of the general obligations law to add a
new title 3 to read "Liability of Schools."

o Includes sections 9-301 and 9-303 which will limit liability for
school districts and not-for-profit youth sports programs for any
personal injury or death given certain conditions.

JUSTIFICATION:
A concussion is a type of traumatic brain injury (TBI) that can
significantly impact-the way a healthy brain functions. If left
untreated, concussions can lead to permanent brain damage or even
death. According to the Centers for Disease Control and Prevention,
an estimated 1.7 million people sustain a TBI injury nationally. Of
these, 52,000 die and 275,000 are hospitalized.

TBI is a contributing factor to a third of all injury-related deaths
in the United States. The number of concussions sustained by youth is
significant. The CDC reports that each year, U.S. emergency
departments treat an estimated 135,000 sports and recreation-related
TBIs, including concussions, among children ages 5 to 18.
Furthermore, 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. While athletes highlight the significant concerns
of concussions, children and teens, in general, are more likely to
get a concussion, and have a longer recovery time than adults.

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. Often, athletes and pupils, as well as
parents and coaches, cannot identify the symptoms of a concussion.
This legislation would require that each school district have a
concussion management team composed of health and sports staff with
the charge to collaborate and implement guidelines set forth by the
Department of Health and Department of Education. The term will be
responsible for overseeing staff training, educating parents and
students about concussions, and helping to transition students who
have sustained a concussion back into school as well as back into
play consistent with specified guidelines.

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.

LEGISLATIVE HISTORY:
S.7161 of 2009-2010

FISCAL IMPLICATIONS:


The fiscal implications on school districts will be mitigated through
the use training courses facilitated through online and conference
call means. Such courses will be approved through the Department of
Education and are projected to have minimal costs.

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.

2011-S3953A - Bill Text download pdf

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

                                 3953--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced by Sens. HANNON, MAZIARZ, BALL, DeFRANCISCO, LARKIN, NOZZOLIO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the education law, in relation
  to  directing  the  commissioners of education and health 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 the liability of
  school districts, nonpublic schools and boards of  cooperative  educa-
  tional services

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "concussion management and awareness act".
  S  2.  Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
  28. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER  OF  EDUCA-
TION,  SHALL  PROMULGATE  RULES  AND REGULATIONS, RELATING TO PUPILS WHO
SUFFER MILD TRAUMATIC BRAIN INJURIES,  IN  ACCORDANCE  WITH  SUBDIVISION
FORTY-TWO  OF  SECTION  THREE  HUNDRED  FIVE  OF  THE EDUCATION LAW, AND
PROVIDE FOR THE POSTING ON THE DEPARTMENT'S  INTERNET  WEBSITE  OF  SUCH
INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
  S  3.  Section  305  of  the  education law is amended by adding a new
subdivision 42 to read as follows:
  42. A. THE COMMISSIONER AND THE COMMISSIONER OF HEALTH,  IN  CONSULTA-
TION AND COOPERATION WITH THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
ASSOCIATION,  PUBLIC  AND NONPUBLIC SCHOOL ATHLETIC TRAINERS, PUBLIC AND
NONPUBLIC  SCHOOL  INTERSCHOLASTIC  SPORTS  COACHES  AND  PUBLIC  SCHOOL
MEDICAL AND HEALTH PROFESSIONALS, SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09691-07-1

S. 3953--A                          2

  (I)  PROMULGATE,  IMPLEMENT  AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING A COURSE OF INSTRUCTION RELATING TO THE RECOGNITION, TREAT-
MENT AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN  INJURIES,
ALSO  REFERRED  TO  AS  A  "CONCUSSION",  WHILE RECEIVING INSTRUCTION OR
ENGAGING  IN  ANY  SCHOOL  SPONSORED OR RELATED ACTIVITY. SUCH COURSE OF
INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL
COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND  ATHLETIC  TRAINERS  OF
EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND
BE  COMPLETED  BY  SUCH  PERSONNEL  EMPLOYED BY AN AUTHORIZING NONPUBLIC
SCHOOL.  THE COURSE OF INSTRUCTION REQUIRED BY THIS  SUBPARAGRAPH  SHALL
INCLUDE,  BUT NOT BE LIMITED TO, THE DEFINITION OF A "CONCUSSION", SIGNS
AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES,  HOW  SUCH  INJURIES  MAY
OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL
ACTIVITIES  AFTER  A  PUPIL  HAS  SUFFERED A MILD TRAUMATIC BRAIN INJURY
REGARDLESS OF WHETHER SUCH  INJURY  OCCURRED  OUTSIDE  OF  SCHOOL.  SUCH
TRAINING  MAY BE COMPLETED BY MEANS OF COURSES OF INSTRUCTION, INCLUDING
BUT NOT LIMITED  TO,  COURSES  PROVIDED  ONLINE  AND  BY  TELECONFERENCE
APPROVED BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH;
  (II)  PROMULGATE,  IMPLEMENT AND UPDATE ANNUALLY RULES AND REGULATIONS
ESTABLISHING AN INFORMATIONAL PAMPHLET RELATING TO MILD TRAUMATIC  BRAIN
INJURIES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A
"CONCUSSION",  SIGNS  AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW
SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND
TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY REGARDLESS OF  WHETHER  SUCH  INJURY  OCCURRED  OUTSIDE  OF
SCHOOL.  SUCH  INFORMATIONAL  PAMPHLET  SHALL BE PROVIDED TO EVERY PUPIL
PARTICIPATING IN INTERSCHOLASTIC SPORTS AND TO THE  PERSON  IN  PARENTAL
RELATION  TO SUCH PUPIL, TO EACH PUPIL WHO HAS SUFFERED A MILD TRAUMATIC
BRAIN INJURY AND TO THE PERSON IN PARENTAL RELATION TO  SUCH  PUPIL,  TO
EVERY TEACHER OF PHYSICAL EDUCATION, TO EACH COACH OF AN INTERSCHOLASTIC
TEAM,  TO EACH MEMBER OF A CONCUSSION MANAGEMENT TEAM ESTABLISHED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, AND SHALL BE POSTED ON  THE
INTERNET  WEBSITES  OF  THE  DEPARTMENT AND THE DEPARTMENT OF HEALTH. NO
PUPIL SHALL ENGAGE IN ORGANIZED  PRACTICE  FOR  OR  PARTICIPATE  IN  ANY
INTERSCHOLASTIC SPORT ON BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE  EDUCATIONAL  SERVICES,  UNLESS  AND  UNTIL THE PERSON IN PARENTAL
RELATION TO SUCH PUPIL  SHALL  HAVE  SIGNED  AND  RETURNED  A  STATEMENT
ATTESTING THAT HE OR SHE HAS RECEIVED, READ AND UNDERSTANDS THE INFORMA-
TIONAL PAMPHLET REQUIRED BY THIS SUBPARAGRAPH. EVERY SCHOOL DISTRICT AND
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SHALL MAINTAIN ON FILE IN THE
PUPIL'S PERMANENT HEALTH RECORD,  A  COPY  OF  EACH  PARENTAL  STATEMENT
RECEIVED.    ANY  NONPUBLIC  SCHOOL MAY IMPLEMENT THE PROVISIONS OF SUCH
RULES AND REGULATIONS;
  (III) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
REQUIRING EVERY SCHOOL DISTRICT AND  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES,  AND  AUTHORIZING NONPUBLIC SCHOOLS, TO ESTABLISH A CONCUSSION
MANAGEMENT TEAM. EACH CONCUSSION MANAGEMENT TEAM SHALL  BE  COMPOSED  OF
THE  ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN, A
COACH OF AN INTERSCHOLASTIC TEAM, AN ATHLETIC  TRAINER  AND  SUCH  OTHER
APPROPRIATE  PERSONNEL  AS SHALL BE DESIGNATED BY THE DISTRICT OR BOARD.
THE CONCUSSION MANAGEMENT TEAM SHALL BE  THE  ENTITY  WITH  THE  PRIMARY
RESPONSIBILITY  OF  IMPLEMENTING  THE  RULES AND REGULATIONS PROMULGATED
PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH IN  ITS  SCHOOL
DISTRICT,  AUTHORIZING  NONPUBLIC  SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES. IN  PARTICULAR,  A  CONCUSSION  MANAGEMENT  TEAM  SHALL
ENSURE  THAT  EVERY  COACH,  ASSISTANT  COACH, VOLUNTEER COACH, PHYSICAL

S. 3953--A                          3

EDUCATION TEACHER, NURSE  AND  ATHLETIC  TRAINER  THAT  WORKS  WITH  AND
PROVIDES INSTRUCTION TO PUPILS ENGAGED IN ATHLETIC ACTIVITIES SHALL HAVE
COMPLETED  TRAINING RELATING TO MILD TRAUMATIC BRAIN INJURIES.  FURTHER-
MORE,  EVERY  CONCUSSION  MANAGEMENT  TEAM MAY ESTABLISH AND IMPLEMENT A
PROGRAM WHICH PROVIDES INFORMATION ON MILD TRAUMATIC BRAIN  INJURIES  TO
PERSONS IN PARENTAL RELATIONS TO PUPILS THROUGHOUT EACH SCHOOL YEAR.
  (IV) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS,
TO  BE  CARRIED  OUT  BY  EACH  CONCUSSION  MANAGEMENT TEAM, WHICH SHALL
PROVIDE FOR THE EVALUATION, TREATMENT AND MANAGEMENT OF PUPILS  WHO  ARE
BELIEVED TO HAVE SUSTAINED MILD TRAUMATIC BRAIN INJURIES. SUCH RULES AND
REGULATIONS SHALL REQUIRE THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES
OF  ANY  PUPIL  BELIEVED  TO  HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD
TRAUMATIC BRAIN INJURY, THE REPORTING OF SUCH INJURY TO THE  DEPARTMENT,
AND AN EVALUATION OF SUCH PUPIL PURSUANT TO SPECIFIED GUIDELINES. IN THE
EVENT  THAT  THERE  IS  ANY  DOUBT AS TO WHETHER A PUPIL HAS SUSTAINED A
CONCUSSION, IT SHALL BE PRESUMED THAT HE OR  SHE  HAS  BEEN  SO  INJURED
UNTIL  PROVEN  OTHERWISE.  NO  SUCH PUPIL SHALL RESUME ATHLETIC ACTIVITY
UNTIL HE OR  SHE  SHALL  HAVE  BEEN  SYMPTOM  FREE  FOR  NOT  LESS  THAN
TWENTY-FOUR  HOURS,  AND  HAS BEEN EVALUATED BY AND RECEIVED WRITTEN AND
SIGNED AUTHORIZATION FROM A PHYSICIAN  TRAINED  IN  THE  EVALUATION  AND
TREATMENT OF MILD TRAUMATIC BRAIN INJURIES.  SUCH AUTHORIZATION SHALL BE
KEPT  ON FILE IN THE PUPIL'S PERMANENT HEALTH RECORD.  FURTHERMORE, SUCH
RULES AND REGULATIONS  SHALL  PROVIDE  GUIDELINES  FOR  LIMITATIONS  AND
RESTRICTIONS  ON  SCHOOL  ATTENDANCE  AND ACTIVITIES FOR PUPILS WHO HAVE
SUSTAINED MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE  DIRECTIVES
OF  THE  PUPIL'S  TREATING PHYSICIAN. IN ADDITION TO THE REQUIREMENTS OF
THE RULES AND REGULATIONS ESTABLISHED  PURSUANT  TO  THIS  SUBPARAGRAPH,
EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ESTABLISH  AND  UPDATE POLICIES, AS NEEDED AND CONSISTENT WITH THE RULES
AND REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH, THAT REFLECT THE
MOST CURRENT AVAILABLE INFORMATION AND PRACTICES ON THE PREVENTION, RISK
AND TREATMENT OF SPORTS-RELATED MILD TRAUMATIC BRAIN INJURIES.
  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 AND BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES
SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. NOTHING IN THIS SUBDI-
VISION  SHALL  PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING  MORE
STRINGENT STANDARDS.
  S  4.  Article 9 of the general obligations law is amended by adding a
new title 3 to read as follows:
                                 TITLE 3
                          LIABILITY OF SCHOOLS
SECTION 9-301. LIABILITY OF  SCHOOL  DISTRICTS,  NONPUBLIC  SCHOOLS  AND
                 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
        9-303. LIABILITY  OF  SCHOOL  DISTRICTS FOR NOT-FOR-PROFIT YOUTH
                         SPORTS PROGRAMS.
  S 9-301. LIABILITY OF SCHOOL DISTRICTS, NONPUBLIC SCHOOLS  AND  BOARDS
OF  COOPERATIVE  EDUCATIONAL  SERVICES.    A  SCHOOL DISTRICT, NONPUBLIC
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE  LIABLE
FOR  ANY  PERSONAL INJURY OR DEATH OF A PERSON DUE TO ACTION OR INACTION
OF ANY OTHER PERSON EMPLOYED BY SUCH DISTRICT,  SCHOOL  OR  BOARD,  WHEN
SUCH ACTION OR INACTION TAKES PLACE UPON DISTRICT, SCHOOL OR BOARD PROP-
ERTY DURING THE DELIVERY OF SERVICES THEREBY.
  S 9-303. LIABILITY OF SCHOOL DISTRICTS FOR NOT-FOR-PROFIT YOUTH SPORTS
PROGRAMS.    1.  A SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-

S. 3953--A                          4

ATIVE EDUCATIONAL SERVICES SHALL NOT BE LIABLE FOR ANY  PERSONAL  INJURY
OR  DEATH  OF  A  PERSON  DUE  TO ACTION OR INACTION OF ANY OTHER PERSON
EMPLOYED BY, VOLUNTEERING WITH OR UNDER CONTRACT WITH SUCH  NOT-FOR-PRO-
FIT YOUTH PROGRAM IF:
  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;
  C. THE NOT-FOR-PROFIT YOUTH SPORTS  PROGRAM  PROVIDES  SUCH  PROOF  OF
INSURANCE  TO  THE SCHOOL DISTRICT, NONPUBLIC SCHOOL OR BOARD OF COOPER-
ATIVE EDUCATIONAL  SERVICES  PRIOR  TO  USING  THE  FACILITIES  OF  SUCH
DISTRICT, SCHOOL OR BOARD; AND
  D.  THE  NOT-FOR-PROFIT  YOUTH SPORTS PROGRAM PROVIDES A STATEMENT AND
PROOF OF COMPLIANCE WITH THE DISTRICT'S, SCHOOL'S OR BOARD'S POLICY  AND
GUIDELINES  FOR  THE  TREATMENT  AND  MANAGEMENT OF MILD TRAUMATIC BRAIN
INJURIES AND OTHER HEAD INJURIES.
  2. FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS  ONE
OR  MORE  SPORTS TEAMS ORGANIZED PURSUANT TO A NOT-FOR-PROFIT OR SIMILAR
CHARTER, OR WHICH ARE MEMBER TEAMS IN A LEAGUE ORGANIZED  BY  OR  AFFIL-
IATED WITH A COUNTY OR RECREATION DEPARTMENT.
  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 5. 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.

co-Sponsors

View additional co-sponsors

2011-S3953B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; amd §305, Ed L; add Art 9 Title 3 §§9-301 & 9-303, Gen Ob L

2011-S3953B (ACTIVE) - Summary

2011-S3953B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3953B              REVISED 06/09/11

TITLE OF BILL:
An act
to amend
the education law and
the public health law,
in relation to directing the commissioners of
education and health
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes the "concussion management and awareness act."

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes the concussion
management and awareness act.
Section 2 amends section 305 of the
education law to require the commissioner of education, in
conjunction with the commissioner of health, to promulgate rules and
regulations relating to pupils who suffer mild traumatic brain

injuries in school sponsored or related activities: requiring a
course of instruction relating to recognizing the symptoms of mild
traumatic brain injuries and the monitoring and seeking proper
medical treatment for pupils who are injured;
requiring information about traumatic brain injuries to be posted on
websites of the State Education Department, the Department of Health
and school districts as well as included on any parent permission or
consent form; requiring the immediate removal from athletic
activities of any pupil believed to have sustained a mild traumatic
head injury and authorization from a licensed physician for return to
athletic activity;
and authorizing a school district, in its discretion, to establish a
concussion management team.
Section 3 amends Section 206 of the
public health law to add a new subdivision 28 to direct the
commissioner of health to assist the commissioner of education in
developing rules and regulations required under this section.
Section 4 is the effective date.

JUSTIFICATION:
In every school district students participate in
interscholastic sports, intramural sports and physical education
classes Concussions can occur in any of these sports and classes. A
concussion is considered a traumatic brain injury and can cause
harmful, long-term effects to brain functions. It is therefore
critical that New York establish guidelines to protect our students.

This legislation establishes the necessary guidelines. It requires
coaches, teachers and other school personnel to be trained about the
symptoms of mild traumatic brain injuries and the importance of


proper medical treatment. In addition, the State Education
Department, the Department of Health and school districts will post
on their internet websites information for parents and students about
how brain injuries
occur, the signs and symptoms of such injuries and guidelines about
returning to school, physical education classes and sports after an
injury. This information will also be included in permission and
consent forms which parents or persons in parental relationship to a
student must sign to allow their children to participate in sports.
The State Education Department, in conjunction with the Department of
Health will promulgate the necessary rules and regulations. In
developing these regulations, the department will consider input from
parents and students, teachers and school administrators, physical
education teachers and sports trainers and coaches/ the Public
Schools Athletic League (PSAL) in New York City and the New York
State Public High Schools athletic association and medical and health
professionals.

The legislation also requires the immediate removal of any student who
has or who may have suffered a concussion. No student who has or who
may have suffered a concussion may return to athletic activities
unless the student has been symptom free for at least twenty-four
hour and a licensed physician has authorized the student's return.

These policies will promote prevention of injury and assure that
students receive the appropriate medical attention and treatment when
they are injured. This will reduce the risk of long-term
complications and will encourage parents, students and coaches to
take preventative steps to avoid such significant injuries.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of July next
succeeding the date on which it shall have become law.

2011-S3953B (ACTIVE) - Bill Text download pdf

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

                                 3953--B
    Cal. No. 280

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced by Sens. HANNON, MAZIARZ, BALL, ADAMS, ALESI, AVELLA, CARLUC-
  CI, FUSCHILLO, HUNTLEY, LARKIN, LAVALLE, NOZZOLIO, SQUADRON, ZELDIN --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN ACT to amend the education law and the public health law, in relation
  to  directing  the  commissioners of education and health 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

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "concussion management and awareness act".
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 42 to read as follows:
  42.  A.  THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF
HEALTH, SHALL PROMULGATE AND REVIEW AS NECESSARY RULES  AND  REGULATIONS
RELATING  TO  PUPILS  WHO  SUFFER  MILD  TRAUMATIC  BRAIN INJURIES, ALSO
REFERRED TO AS A "CONCUSSION," WHILE RECEIVING INSTRUCTION  OR  ENGAGING
IN  ANY  SCHOOL SPONSORED OR RELATED ACTIVITY.  IN DEVELOPING SUCH RULES
AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER  COMMENTS  FROM  STAKE-
HOLDERS  AND  OTHER  INTERESTED  PARTIES  INCLUDING  BUT  NOT LIMITED TO
PARENTS, TEACHERS,  STUDENTS,  SCHOOL  ADMINISTRATORS,  SCHOOL  ATHLETIC
TRAINERS,  SPORT  COACHES,  MEDICAL AND HEALTH PROFESSIONALS, THE PUBLIC
SCHOOLS ATHLETIC LEAGUE (PSAL), THE NEW YORK STATE  PUBLIC  HIGH  SCHOOL
ATHLETIC  ASSOCIATION  (NYSPHSAA), AND OTHER ATHLETIC ASSOCIATIONS. SUCH
REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:

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

                                                           LBD09691-10-1

S. 3953--B                          2

  (I) REQUIRING A COURSE OF  INSTRUCTION  RELATING  TO  RECOGNIZING  THE
SYMPTOMS  OF  MILD  TRAUMATIC  BRAIN INJURIES AND MONITORING AND SEEKING
PROPER MEDICAL TREATMENT FOR PUPILS  WHO  SUFFER  MILD  TRAUMATIC  BRAIN
INJURIES.  SUCH  COURSE OF INSTRUCTION SHALL BE REQUIRED TO BE COMPLETED
ON  A BIENNIAL BASIS BY ALL SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS,
NURSES AND ATHLETIC TRAINERS. THE COURSE OF INSTRUCTION REQUIRED BY THIS
SUBPARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEFINITION  OF  A
"CONCUSSION,"  SIGNS  AND SYMPTOMS OF MILD TRAUMATIC BRAIN INJURIES, HOW
SUCH INJURIES MAY OCCUR, PRACTICES REGARDING PREVENTION, AND THE  GUIDE-
LINES  FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A
PUPIL HAS SUFFERED A MILD TRAUMATIC BRAIN INJURY REGARDLESS  OF  WHETHER
SUCH  INJURY  OCCURRED OUTSIDE OF SCHOOL. SUCH TRAINING MAY BE COMPLETED
BY MEANS OF COURSES OF INSTRUCTION, INCLUDING BUT NOT LIMITED TO, COURS-
ES PROVIDED ONLINE AND BY TELECONFERENCE APPROVED BY THE DEPARTMENT;
  (II) PROVIDING THAT THE DEPARTMENT AND THE DEPARTMENT OF HEALTH  SHALL
POST  ON  THEIR INTERNET WEBSITES INFORMATION RELATING TO MILD TRAUMATIC
BRAIN INJURIES, WHICH SHALL INCLUDE BUT NOT BE  LIMITED  TO,  THE  DEFI-
NITION  OF  A  "CONCUSSION,"  SIGNS AND SYMPTOMS OF MILD TRAUMATIC BRAIN
INJURIES, HOW SUCH INJURIES MAY OCCUR, AND THE GUIDELINES FOR THE RETURN
TO SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS SUFFERED  A
MILD  TRAUMATIC  BRAIN INJURY REGARDLESS OF WHETHER SUCH INJURY OCCURRED
OUTSIDE OF SCHOOL. SCHOOLS SHALL BE REQUIRED TO INCLUDE SUCH INFORMATION
IN ANY PERMISSION FORM OR PARENT OR PERSON IN PARENTAL RELATION  CONSENT
FORM  OR  SIMILAR  DOCUMENT  THAT  MAY BE REQUIRED FOR A PUPIL'S PARTIC-
IPATION IN INTERSCHOLASTIC SPORTS AND SHALL ALSO INCLUDE  SUCH  INFORMA-
TION,  OR  REFERENCE  HOW TO OBTAIN SUCH INFORMATION FROM THE DEPARTMENT
AND THE DEPARTMENT OF HEALTH INTERNET WEBSITES, ON THE SCHOOL'S INTERNET
WEBSITE, IF ONE EXISTS;
  (III) REQUIRING THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES OF  ANY
PUPIL  BELIEVED  TO HAVE SUSTAINED OR WHO HAS SUSTAINED A MILD TRAUMATIC
BRAIN INJURY. IN THE EVENT THAT THERE IS ANY DOUBT AS TO WHETHER A PUPIL
HAS SUSTAINED A CONCUSSION, IT SHALL BE PRESUMED THAT HE OR SHE HAS BEEN
SO INJURED UNTIL PROVEN OTHERWISE. NO SUCH PUPIL SHALL  RESUME  ATHLETIC
ACTIVITY  UNTIL HE OR SHE SHALL HAVE BEEN SYMPTOM FREE FOR NOT LESS THAN
TWENTY-FOUR HOURS, AND HAS BEEN EVALUATED BY AND  RECEIVED  WRITTEN  AND
SIGNED AUTHORIZATION FROM A LICENSED PHYSICIAN. SUCH AUTHORIZATION SHALL
BE  KEPT  ON  FILE  IN THE PUPIL'S PERMANENT HEALTH RECORD. FURTHERMORE,
SUCH RULES AND REGULATIONS SHALL PROVIDE GUIDELINES FOR LIMITATIONS  AND
RESTRICTIONS  ON  SCHOOL  ATTENDANCE  AND ACTIVITIES FOR PUPILS WHO HAVE
SUSTAINED MILD TRAUMATIC BRAIN INJURIES, CONSISTENT WITH THE  DIRECTIVES
OF THE PUPIL'S TREATING PHYSICIAN.
  (IV) AUTHORIZING EACH SCHOOL OR SCHOOL DISTRICT, IN ITS DISCRETION, TO
ESTABLISH  A  CONCUSSION  MANAGEMENT  TEAM  WHICH MAY BE COMPOSED OF THE
ATHLETIC DIRECTOR (IF ANY), A SCHOOL  NURSE,  THE  SCHOOL  PHYSICIAN,  A
COACH  OF  AN  INTERSCHOLASTIC  TEAM,  AN ATHLETIC TRAINER OR SUCH OTHER
APPROPRIATE PERSONNEL AS DESIGNATED BY THE SCHOOL  OR  SCHOOL  DISTRICT.
THE  CONCUSSION  MANAGEMENT TEAM SHALL OVERSEE THE IMPLEMENTATION OF THE
RULES AND REGULATIONS PROMULGATED PURSUANT TO  THIS  SUBDIVISION  AS  IT
PERTAINS  TO  THEIR ASSOCIATED SCHOOL INCLUDING THE REQUIREMENT THAT ALL
SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC  TRAIN-
ERS  THAT  WORK WITH AND PROVIDE INSTRUCTION TO PUPILS ENGAGED IN SCHOOL
SPONSORED ATHLETIC ACTIVITIES COMPLETE TRAINING RELATING TO  MILD  TRAU-
MATIC  BRAIN INJURIES. FURTHERMORE, EVERY CONCUSSION MANAGEMENT TEAM MAY
ESTABLISH AND IMPLEMENT A PROGRAM WHICH  PROVIDES  INFORMATION  ON  MILD
TRAUMATIC  BRAIN  INJURIES  TO  PARENTS AND PERSONS IN PARENTAL RELATION
THROUGHOUT EACH SCHOOL YEAR.

S. 3953--B                          3

  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 PUBLIC SCHOOL RELATING TO MILD TRAUMATIC BRAIN  INJURIES.  SUCH
RULES  AND  REGULATIONS  MAY ALSO BE IMPLEMENTED BY NONPUBLIC SCHOOLS IF
THEY SO AUTHORIZE. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY PUBLIC
SCHOOL OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT
STANDARDS.
  S  3.  Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
  28.  THE COMMISSIONER SHALL ASSIST THE COMMISSIONER  OF  EDUCATION  IN
DEVELOPING  RULES  AND  REGULATIONS,  RELATING TO PUPILS WHO SUFFER MILD
TRAUMATIC BRAIN INJURIES, IN ACCORDANCE WITH  SUBDIVISION  FORTY-TWO  OF
SECTION  THREE  HUNDRED  FIVE  OF THE EDUCATION LAW, AND PROVIDE FOR THE
POSTING ON THE DEPARTMENT'S INTERNET  WEBSITE  OF  SUCH  INFORMATION  AS
SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
  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 S3953A

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