senate Bill S5654A

2011-2012 Legislative Session

Relates to health requirements for wrestling

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to education
delivered to assembly
passed senate
ordered to third reading cal.1357
committee discharged and committed to rules
May 09, 2012 print number 5654a
amend (t) and recommit to finance
May 01, 2012 reported and committed to finance
Jan 04, 2012 referred to education
Jun 09, 2011 referred to education

Votes

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Jun 19, 2012 - Rules committee Vote

S5654A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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May 1, 2012 - Education committee Vote

S5654
15
0
committee
15
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A (Active)
Original
A (Active)

S5654 - Bill Details

See Assembly Version of this Bill:
A8292A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §921, Ed L; add §2111-a, Pub Health L

S5654 - Bill Texts

view summary

Relates to MRSA and other infectious skin disease protection and education; establishes the interscholastic wrestling health training and education program.

view sponsor memo
BILL NUMBER:S5654

TITLE OF BILL:
An act to amend the education law, in relation to health requirements
for wrestling

PURPOSE OR GENERAL IDEA OF BILL:
This legislation seeks to mitigate the spread of infectious disease in
middle school and high school interscholastic sports. This bill
instructs personnel who supervise wrestling to take steps to disinfect
wrestling mats, maintain working showers, and take certain steps
before allowing previously infected athletes to return to wrestling.
All costs associated with disinfecting wrestling mats shall be
reimbursable by the state. This legislation also places requirements
on school officials to take steps to inform coaches and to inform
student athletes of the risks, dangers and precautionary measures that
can be taken to prevent the spread of infectious skin disease.

It is the intent of the legislature that this bill not place any
unreasonable unfunded mandates on the schools. This bill is intended
to provide student athletes with protective measures that will reduce
the chance that infectious disease will spread during wrestling
matches. However, this legislation was specifically crafted in a way
that would allow schools to implement the requirements of this bill in
the easiest way possible and with the least cost applicable.

SUMMARY OF PROVISIONS:
Section One renumbers section 3001-d of the education law to 3001-e
and adds a new section 3001-d which requires school officials,
coaches, teachers, and referees that supervise wrestling to disinfect
mats. This section also institutes a requirement that athletes who
have previously contracted an infectious skin disease present a
federal infectious disease form bearing a licensed physician's stamp
or signature releasing them to participate in the activity.
Facilities that host wrestling tournaments are also required to have
working showers. No liability shall be imposed on any facility, school
district, nonpublic school or board of cooperative educational
services who has complied with this section and acted in good faith
and exercised reasonable care.

Section Two amends the education law by adding a new section §921
which requires wrestling coaches to complete a course of instruction
annually. The course of instruction required under this section shall
contain specific components and may be completed online. Also under
this section, schools are required to distribute materials from the
Department of Health website to pupils who participate in wrestling
and requires that the pupil sign a statement attesting that he or she
has received, and understands such information. No liability shall be
imposed on an employee or agent of a school district, nonpublic school
or board of cooperative educational services who has complied with
this section and acted in good faith and exercised reasonable care.

Section Three is the effective date.

JUSTIFICATION:


Methicillin-resistant Staphylococcus aureus (MRSA) is a bacteria that
is responsible for many serious infections. Because MRSA is resistant
to antibiotics, the infections are very difficult to treat and pose
severe health risks to those who contract them.

Padding used in school athletics is an ideal breeding ground for the
harmful bacteria that can lead to infectious and potentially life
threatening diseases. These surfaces can easily become contaminated
with infection-causing bacteria, which exposes participants of full
contact sports to the danger of contracting harmful infections such as
MRSA. Fortunately, educating students and supervisors about these
diseases and how to prevent them and sanitizing the mats on which
these activities take place are easy, low cost measures that can curb
the spread of MRSA and other skin infections.

This legislation would require school officials, coaches, teachers and
referees who supervise wrestling to take certain steps to prevent the
spread of disease in middle school and high school interscholastic
sports. These steps include disinfecting the mats with an inexpensive
disinfectant solution prior to each practice and each competition, and
whenever these personnel who supervise deem appropriate. By requiring
that the mats be cleaned prior to use, this bill ensures that
wrestlers commence their activity on an infection-free surface.
However, the supervisors of the sport retain discretion as to when
else the mats should be cleaned, without imposing any additional
requirements with respect to cleaning times. The cost of complying
with this section is reimbursable by the state and therefore, the
school would not have to incur any expense to comply.

In addition to cleaning the mats, any pupil who has previously
contracted an infectious skin disease would be required to produce a
federal infectious disease form authorized by a physician before
engaging in wrestling. This screening method ensures that any infected
student is cleared by a physician before they come into contact with
other wrestlers.

Showering prior to, and after, engaging in wrestling activities is
another measure that athletes can take to help prevent infection.
Available showers are especially important in tournament situations,
where the athletes are in the same place for long lengths of time
after they compete, as opposed to matches where the athletes return
home within a couple of hours. This legislation requires any facility
that hosts a tournament to have functioning showers available with
both hot and cold water, for both sexes.

This bill recognizes that unforeseen circumstances could arise where
the facility took steps to fulfill this requirement but were unable to
do so. To address this issue so that no undue liability is placed on a
facility or a school for failure to comply, this section eliminates
liability so long as the facility or school acted in good faith and
exercised reasonable care in carrying out their duty to clean mats,
receive infectious disease forms and provide showers to athletes as
required by this section. This would allow for facilities and schools
to take an alternative course of action if for example, the showers
become suddenly unavailable, such as distributing disinfectant wipes.


In addition to the aforementioned day to day requirements, education
and information are important components to ensure that both athletes
and personnel involved in wrestling are armed with the knowledge to
undertake measures to protect themselves and their pupils,
respectively, from contracting a skin infection. This legislation
provides for education and information to be available as easily as
possible and with little to no cost to the schools. Wrestling coaches
are required to complete a short course of instruction annually to
educate them on certain topics relating to skin infections and how to
prevent transmissions of such. There are online resources available
that coaches may use to fulfill their duty under this section. For
example, the New York State Public High School Athletic Association
provides a live webinar each year containing all of the items required
for the course of instruction that are set out in the bill.
Alternatively, schools may, but are not instructed to, establish their
own course of instruction for the purpose of providing wrestling
coaches with the required educational components enumerated in this
bill.

Public and non-public schools are required to provide information to
each pupil who participates in wrestling. The New York State
Department of Health website is a resource that contains information
on skin infections, and specifically the spread of skin infections
through high school athletics. This bill directs the school to make
this information available to the students who participate in
wrestling. If a student does not have internet access, the school is
responsible for providing such access to the student for the purpose
of viewing the information. Alternatively, the school may print out
the information from the website and distribute it to students, when
applicable. Currently, the Department's website contains much of the
information required by this legislation. The Department may update
their website to include all of the required information. If the
department does not make changes to their website to meet all the
specifications of this legislation, the school shall supplement the
information on the website to ensure that the students have received
information relating to each of the items enumerated in the bill. The
school must also receive from each student, a signed statement that
this information has been received and understood. The statement may
be included on any existing form already administered by the school to
wrestlers for their signature, so that a new form is not required by
this legislation. The statement must remain on file with the athletic
director for one year.

Liability shall be eliminated with respect to acts or omissions by
employees and agents of school districts, authorizing nonpublic
schools and boards of cooperative educational services when they acted
in good faith and exercised reasonable care in the course of carrying
out their duties with respect to the educational and informational
requirements of this bill.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Approximately $120 per year incurred by the school for cleaning
supplies, reimbursable by the state.


EFFECTIVE DATE:
This act shall take effect on September 1, 2012; provided, however,
that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

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

                                  5654

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- 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  health  requirements
  for wrestling

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

  Section 1. Section 3001-d of the education law is  renumbered  section
3001-e and a new section 3001-d is added to read as follows:
  S  3001-D.  HEALTH  REQUIREMENTS FOR WRESTLING.  1.  SCHOOL OFFICIALS,
COACHES, AND REFEREES WHO  SUPERVISE  WRESTLING  AND  SCHOOL  STAFF  WHO
ASSIST WRESTLING ACTIVITIES SHALL:
  (A)  DISINFECT  THE  WRESTLING  MAT  BEFORE EACH PRACTICE, BEFORE EACH
COMPETITION AND WHENEVER DEEMED APPROPRIATE DURING SUCH TIMES;
  (B) REQUIRE THAT ANY PERSON WHO HAS PREVIOUSLY  CONTRACTED  AN  INFEC-
TIOUS SKIN DISEASE THAT IS COMMUNICABLE TO PRESENT A NATIONAL FEDERATION
OF  STATE  HIGH  SCHOOL  ASSOCIATIONS  (NFHS)/NEW YORK STATE PUBLIC HIGH
SCHOOL ATHLETIC ASSOCIATION (NYSPHSAA) APPROVED INFECTIOUS DISEASE  FORM
BEARING  A LICENSED PHYSICIAN'S STAMP OR SIGNATURE RELEASING SUCH PERSON
TO PHYSICAL ACTIVITY PRIOR TO PARTICIPATING IN WRESTLING.
  2. (A) ANY FACILITY THAT HOSTS A WRESTLING TOURNAMENT SHALL HAVE WORK-
ING SHOWERS WITH BOTH HOT AND COLD WATER AVAILABLE FOR STUDENTS OF  BOTH
SEXES.
  (B)  FOR  PURPOSES OF THIS SECTION "TOURNAMENT" SHALL MEAN A WRESTLING
COMPETITION BETWEEN THREE OR MORE SCHOOLS.
  3. NO FACILITY, SCHOOL DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES OR ANY AGENT THEREOF, SHALL BE  HELD
LIABLE  FOR DAMAGES FOR INJURIES OR DEATH ALLEGED TO HAVE BEEN SUSTAINED
BY A PUPIL ARISING SOLELY FROM A FAILURE TO  COMPLY  WITH  THIS  SECTION
WHEN  THE  FACILITY,  SCHOOL  DISTRICT,  AUTHORIZING NONPUBLIC SCHOOL OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR  AGENT  THEREOF  ACTED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11233-13-1

S. 5654                             2

GOOD  FAITH  AND EXERCISED REASONABLE CARE IN THE COURSE OF CARRYING OUT
THE DUTIES REQUIRED UNDER THIS SECTION.
  4.  THE  COSTS  OF  COMPLIANCE  WITH THIS SECTION, EXCLUDING THE COSTS
RELATED TO THE REGULAR MAINTENANCE AND REPAIR OF SCHOOL FACILITIES,  BUT
INCLUDING SUCH WAGES AND PROCUREMENTS NECESSARY FOR COMPLIANCE, SHALL BE
BORNE BY THE STATE AND REIMBURSABLE TO THE SCHOOL.
  S  2. The education law is amended by adding a new section 921 to read
as follows:
  S 921. DISSEMINATION OF INFORMATION FOR INFECTIOUS DISEASES.  (A)  ALL
WRESTLING COACHES ARE REQUIRED TO COMPLETE ANNUALLY A COURSE OF INSTRUC-
TION RELATING TO THE RECOGNITION, TREATMENT AND MONITORING OF PUPILS WHO
SUFFER FROM INFECTIOUS SKIN DISEASES. THE COURSE OF INSTRUCTION REQUIRED
BY  THIS  SUBDIVISION  SHALL  INCLUDE, BUT NOT BE LIMITED TO:  THE DEFI-
NITION OF AN INFECTIOUS SKIN DISEASE, SIGNS AND SYMPTOMS  OF  INFECTIOUS
SKIN  DISEASE,  GUIDELINES    FOR  CONDUCTING SKIN INSPECTIONS, HOW SUCH
TRANSMISSIONS MAY OCCUR, THE IMPORTANCE OF CLEANLINESS  WITH  REGARD  TO
SHOES  WORN BY PLAYERS, COACHES AND REFEREES THAT COME INTO CONTACT WITH
THE MATS, AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND  TO  WRESTLING
ACTIVITIES AFTER A PUPIL HAS SUFFERED AN INFECTIOUS SKIN DISEASE REGARD-
LESS  OF  WHETHER  THE  TRANSMISSION OF SUCH OCCURRED OUTSIDE OF SCHOOL.
SUCH COURSE OF INSTRUCTION MAY INCLUDE, BUT SHALL NOT BE LIMITED  TO,  A
WEBINAR  APPROVED  BY  THE  SCHOOL'S ATHLETIC ASSOCIATION.   SUCH COURSE
SHALL NOT EXCEED SIXTY MINUTES IN LENGTH.
  (B) BILINGUAL INFORMATION SHALL BE PROVIDED TO EVERY PUPIL PARTICIPAT-
ING IN WRESTLING, TO EACH WRESTLER WHO HAS SUFFERED AN  INFECTIOUS  SKIN
DISEASE AND TO EACH COACH OF A WRESTLING TEAM.  THE INFORMATION REQUIRED
BY THIS SUBDIVISION SHALL INCLUDE BUT NOT BE LIMITED TO:  THE DEFINITION
OF  AN  INFECTIOUS  SKIN  DISEASE, SIGNS AND SYMPTOMS OF INFECTIOUS SKIN
DISEASE, GUIDELINES  FOR CONDUCTING SKIN INSPECTIONS,  HOW  SUCH  TRANS-
MISSIONS  MAY  OCCUR, THE IMPORTANCE OF CLEANLINESS WITH REGARD TO SHOES
WORN BY PLAYERS, COACHES AND REFEREES THAT COME INTO  CONTACT  WITH  THE
MATS,  AND  THE  GUIDELINES  FOR  THE  RETURN TO SCHOOL AND TO WRESTLING
ACTIVITIES AFTER A PUPIL HAS SUFFERED AN INFECTIOUS SKIN DISEASE REGARD-
LESS OF WHETHER THE TRANSMISSION OF SUCH  OCCURRED  OUTSIDE  OF  SCHOOL.
SUCH  INFORMATION  MAY  BE  MADE AVAILABLE BY DIRECTING THE PUPIL TO THE
DEPARTMENT OF HEALTH WEBSITE;  PROVIDED,  HOWEVER,  IF  A  PUPIL  CANNOT
ACCESS  THE  WEBSITE THE SCHOOL SHALL MAKE THE WEBSITE AVAILABLE THROUGH
SCHOOL RESOURCES OR SHALL DISTRIBUTE THE SAME.  NO PUPIL SHALL ENGAGE IN
ORGANIZED PRACTICE FOR OR PARTICIPATE IN ANY  INTERSCHOLASTIC  WRESTLING
ACTIVITY  ON  BEHALF OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES, UNLESS AND UNTIL THE  ATHLETE  SHALL  HAVE  SIGNED  AND
RETURNED  A  STATEMENT ATTESTING THAT HE OR SHE HAS RECEIVED OR READ AND
UNDERSTANDS THE INFORMATION REQUIRED BY THIS SECTION. SUCH STATEMENT MAY
BE INCLUDED ON ANY EXISTING FORM ADMINISTERED BY THE SCHOOL TO A  WREST-
LER THAT REQUIRES THE ATHLETE'S SIGNATURE FOR PARTICIPATION IN WRESTLING
ACTIVITIES.   EVERY SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL MAINTAIN ON FILE IN THE ATHLETIC DIRECTOR'S OFFICE FOR AT
LEAST ONE YEAR A COPY OF EACH STATEMENT RECEIVED. ANY  NONPUBLIC  SCHOOL
SHALL IMPLEMENT THE PROVISIONS OF SUCH RULES AND REGULATIONS.
  (C) NO SCHOOL DISTRICT, AUTHORIZING NONPUBLIC SCHOOL OR BOARD OF COOP-
ERATIVE  EDUCATIONAL SERVICES OR ANY AGENT THEREOF, SHALL BE HELD LIABLE
FOR DAMAGES FOR INJURIES OR DEATH ALLEGED TO HAVE BEEN  SUSTAINED  BY  A
PUPIL ARISING SOLELY FROM A FAILURE TO COMPLY WITH THIS SECTION WHEN THE
SCHOOL  DISTRICT,  AUTHORIZING  NONPUBLIC SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, OR AGENT THEREOF ACTED IN GOOD FAITH AND EXERCISED

S. 5654                             3

REASONABLE CARE IN THE COURSE OF CARRYING OUT THE DUTIES REQUIRED  UNDER
THIS SECTION.
  S  3.    This  act  shall  take effect on September 1, 2012; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.

S5654A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8292A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §921, Ed L; add §2111-a, Pub Health L

S5654A (ACTIVE) - Bill Texts

view summary

Relates to MRSA and other infectious skin disease protection and education; establishes the interscholastic wrestling health training and education program.

view sponsor memo
BILL NUMBER:S5654A REVISED 06/20/12

TITLE OF BILL:
An act to amend the education law and the public health law, in
relation to Methicillin-Resistant Staphylococcus Aureus protection and
education

PURPOSE OR GENERAL IDEA OF BILL:
This legislation seeks to mitigate the spread of Methicillin-Resistant
Staphylococcus Aureus (MRSA), and other infectious skin diseases, in
middle school and high school interscholastic wrestling. This
legislation requires that wrestling coaches and student athletes
participate in an online training course provided by the State
Education Department that informs them of the risks, dangers and
precautionary measures that can be taken to prevent the spread of MRSA
and other infectious skin diseases. The State Education Department
shall maintain a registry of names of those persons who have completed
the training program. The department of health shall also promulgate
rules and regulations with regard to interscholastic wrestling and
when it is safe and proper for a student who has been diagnosed with
an infectious skin disease to resume participation.

SUMMARY OF PROVISIONS:
Section One adds a new section 921 to the education law which
establishes that it is the intent of the legislature to protect
against the spread of, and educate student athletes regarding the
risks related to, MRSA and other infectious skin diseases. This
section also establishes an informational web page where the public
can obtain information about MRSA and other infectious skin diseases.
It directs the state education department and the department of
health, in consultation with the New York State Public High School
Athletic Association, to develop an online training and education
program on infectious skin diseases and requires wrestling coaches and
student athletes participating in interscholastic wrestling to view
the training program on an annual basis. The training must be
completed within the first two weeks of practice. Any student athlete
found to be out of compliance with this requirement will be barred
from participation until such time that the student athlete complies.
The department shall maintain a registry of names of persons who have
completed the training program.

Section Two adds a new section 2111-a to the public health law which
requires the department of health to work in consultation with the
State Education Department to achieve the above objectives and also
requires similar information on MRSA and infectious skin diseases to
be maintained on the Department of Health's website. Further, the
department of health would be empowered to promulgate rules and
regulations with respect to student wrestlers who have contracted
infectious skin diseases and when it is safe and proper for these
students to resume participation in interscholastic wrestling.

Section Three authorizes the State Education Department and the
Department of Health to promulgate rules and regulations necessary to
implement the above provisions and contains the effective date.

JUSTIFICATION:


Methicillin-resistant Staphylococcus aureus (MRSA) is a bacteria that
is responsible for many serious infections. Because MRSA is resistant
to antibiotics, the infections are very difficult to treat and pose
severe health risks to those who contract them.

Education and information are important components in ensuring that
both athletes and personnel involved in wrestling are armed with the
knowledge necessary to undertake measures to protect themselves and
their pupils, from contracting a skin infection.

Wrestling coaches and students participating in interscholastic
wrestling are required to complete a short online training course of
instruction annually. The course shall be similar to the course
offered by the New York State public High School Athletic Association,
which aims to educate them on certain topics relating to skin
infections and how to prevent transmission of such. The Department
would be required to maintain a registry containing the names of
students and coaches who have certified completion of the program.

Padding used in school athletics is an ideal breeding ground for the
harmful bacteria that can lead to infectious and potentially life
threatening diseases. These surfaces can easily become contaminated
with infection-causing bacteria, which exposes participants of full
contact sports to the danger of contracting harmful infections such as
MRSA. The New York State public High School Athletic Association
currently follows disinfecting procedures for wrestling mats and
equipment that were promulgated by the National Federation of High
School Associations. Fortunately, educating students and supervisors
about proper cleaning procedures for these disease breeding grounds,
is a low cost measure that can curb the spread of MRSA and ether skin
infections.

Showering prier to, and after, engaging in wrestling activities is
another measure that athletes can take to help prevent infection.
Available showers are especially important in tournament situations,
where the athletes are in the same place for long lengths of time
after they compete, as opposed to matches where the athletes return
home within a couple of hours. By educating students and coaches about
the need for good hygiene habits, the spread of MRSA and ether
infectious skin diseases can be further diminished.

Finally, the Department of Health would be empowered to promulgate
rules and regulations with respect to interscholastic wrestlers who
have contracted an infectious skin disease and when it is safe and
proper for these students to resume participation in practices and
matches.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on October 1, 2012; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its


effective date are authorized and directed to be made and completed on
or before such effective date.

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

                                 5654--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law and the public health law, in relation
  to Methicillin-Resistant Staphylococcus Aureus protection  and  educa-
  tion

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

  Section 1. The education law is amended by adding a new section 921 to
read as follows:
  S 921. MRSA AND OTHER INFECTIOUS SKIN DISEASE  PROTECTION  AND  EDUCA-
TION.  1. LEGISLATIVE INTENT.  THE LEGISLATURE FINDS AND DETERMINES THAT
METHICILLIN-RESISTANT  STAPHYLOCOCCUS  AUREUS  (MRSA)  IS A VERY SERIOUS
HEALTH CONCERN FOR THE PEOPLE OF THE STATE OF NEW YORK. MRSA IS A BACTE-
RIA THAT CAN LEAD TO THE OUTBREAK OF  SERIOUS  INFECTIONS.  DUE  TO  ITS
COMMON RESISTANCE TO MANY MODERN ANTIBIOTICS, IT IS VERY OFTEN DIFFICULT
TO  TREAT,  AND CAN RESULT IN EXTENDED HOSPITALIZATION, SERIOUS ILLNESS,
AND EVEN DEATH.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT AS A SERIOUS  HEALTH
RISK, IT IS IMPORTANT FOR THE STATE OF NEW YORK TO PROMOTE EDUCATION AND
AWARENESS  ON  HOW  TO PREVENT THE SPREAD OF SUCH INFECTIOUS DISEASES AS
MRSA, DEVELOP PROTOCOLS AND PROCEDURES TO  HELP  AVOID  TRANSMISSION  OF
MRSA,  AND  THEREBY PROTECT THE PUBLIC HEALTH OF THE PEOPLE OF THE STATE
OF NEW YORK. SUCH EDUCATION, PROTOCOLS  AND  PROCEDURES  ARE  ESPECIALLY
IMPORTANT  WHERE THE RISKS OF TRANSMISSION ARE SIGNIFICANT, INCLUDING IN
OUR PUBLIC AND PRIVATE SCHOOLS,  WHERE  SUCH  EDUCATION,  PROTOCOLS  AND
METHODS CAN BE DEPLOYED TO LESSEN THE CHANCE AND RISK OF INFECTION.
  THE  LEGISLATURE  ADDITIONALLY  FINDS  AND DETERMINES THAT ONE AREA IN
WHICH SUCH EDUCATION, PROTOCOLS AND METHODS COULD BE  ESPECIALLY  USEFUL
IS  WITH  RESPECT  TO SCHOOL ATHLETIC FACILITIES AND EVENTS. THE PADDING
USED IN SCHOOL ATHLETIC FACILITIES AND EVENTS, ALTHOUGH  VERY  IMPORTANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11233-28-2

S. 5654--A                          2

FOR  THE  SAFETY OF SCHOOL ATHLETES, HAS PROVEN TO BE A MEDIUM WHICH CAN
PERMIT THE BREEDING OF HARMFUL BACTERIA, INCLUDING MRSA, THAT  CAN  LEAD
TO  INFECTIOUS AND POTENTIALLY LIFE-THREATENING DISEASES. WITHOUT PROPER
EDUCATION, PROTOCOLS AND PROCEDURES, THESE IMPORTANT SAFETY SURFACES CAN
BECOME  CONTAMINATED, EXPOSING PARTICIPANTS TO THE DANGER OF CONTRACTING
INFECTIONS AND THE RESULTING ILLNESSES. IN WRESTLING, IN PARTICULAR, THE
SKIN TO SKIN CONTACT BETWEEN COMPETITORS, AND THE  ROUTINE  EXPOSURE  TO
THESE  PADDING SURFACES, MAKE THE NEED FOR SUCH EDUCATION, PROTOCOLS AND
PROCEDURES ESPECIALLY IMPORTANT.
  THE LEGISLATURE ALSO FINDS AND DETERMINES THAT EDUCATING STUDENTS  AND
THEIR SUPERVISORS, AND PROMOTING THE PUBLICATION OF PROTOCOLS AND PROCE-
DURES,  WITH  RESPECT  TO  MRSA,  INFECTIOUS  SKIN  DISEASES, AND HOW TO
PREVENT THEM,  CAN  SIGNIFICANTLY  CURB  THEIR  SPREAD.    BY  INFORMING
STUDENTS  AND  COACHES  OF  THE  IMPORTANCE OF GOOD HYGIENE, AMONG OTHER
THINGS, THE SPREAD OF MRSA CAN BE  DRASTICALLY  DIMINISHED.    SHOWERING
IMMEDIATELY  AFTER  PRACTICES  AND MATCHES HAVE PROVEN TO DECREASE INCI-
DENCES OF INFECTIOUS SKIN DISEASES.   THAT BY  DIRECTING  THE  NEW  YORK
STATE  EDUCATION DEPARTMENT AND THE NEW YORK STATE DEPARTMENT OF HEALTH,
TO WORK TOGETHER TO DEVELOP IMPORTANT EDUCATION,  PROTOCOLS  AND  PROCE-
DURES  NECESSARY  TO  ADDRESS  THIS  VERY SERIOUS HEALTH CONCERN, AND BY
ENABLING SUCH DEPARTMENTS TO ASSIST SCHOOLS, THEIR  ATHLETIC  FACILITIES
AND  OTHER  PUBLIC  INSTITUTIONS, TO HELP PREVENT THE SPREAD OF MRSA AND
INFECTIOUS SKIN DISEASES, THIS LEGISLATION SEEKS TO PROMOTE  THE  PUBLIC
HEALTH  AND SAFETY OF STUDENTS, ATHLETES, AND THE PEOPLE OF THE STATE OF
NEW YORK.
  2. THE METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)  AND  INFEC-
TIOUS  SKIN  DISEASE INFORMATIONAL PROGRAM. THE DEPARTMENT, IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH, SHALL DEVELOP A MRSA AND  INFECTIOUS
DISEASE  EDUCATION  PROGRAM.  THE  MRSA AND INFECTIOUS DISEASE EDUCATION
PROGRAM SHALL CONSIST OF A PROGRAM TO DISSEMINATE  INFORMATION,  THROUGH
THE  DEPARTMENT'S WEBPAGE, THAT DESCRIBES THE CONDITIONS THAT CONTRIBUTE
TO MRSA AND INFECTIOUS DISEASE. SUCH INFORMATION SO  DISSEMINATED  SHALL
ALSO  PRESCRIBE  CLEANING  METHODS,  PROTOCOLS  AND  PROCEDURES THAT CAN
ERADICATE THE CONTAMINATION OF MRSA AND OTHER INFECTIOUS SKIN DISEASES.
  3. INTERSCHOLASTIC WRESTLING HEALTH TRAINING  AND  EDUCATION  PROGRAM.
THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK PUBLIC HIGH SCHOOL
ATHLETIC ASSOCIATION, AND THE DEPARTMENT OF  HEALTH,  SHALL  DEVELOP  AN
INTERSCHOLASTIC  WRESTLING  HEALTH TRAINING AND EDUCATION PROGRAM, WHICH
SHALL CONSIST OF AN ONLINE HEALTH TRAINING  AND  EDUCATION  PROGRAM  FOR
INTERSCHOLASTIC  WRESTLING COACHES AND STUDENT ATHLETES PARTICIPATING IN
INTERSCHOLASTIC WRESTLING ON THE SUBJECT OF CONDITIONS  THAT  CONTRIBUTE
TO MRSA AND INFECTIOUS SKIN DISEASE, AS WELL AS CLEANING METHODS, PROTO-
COLS  AND PROCEDURES THAT CAN ERADICATE THE CONTAMINATION OF MRSA AND/OR
OTHER INFECTIOUS SKIN DISEASES. COMPLETION OF SUCH INTERSCHOLASTIC WRES-
TLING HEALTH TRAINING AND EDUCATION PROGRAM SHALL BE MANDATORY  FOR  ALL
INTERSCHOLASTIC  WRESTLING COACHES AND STUDENT ATHLETES PARTICIPATING IN
INTERSCHOLASTIC WRESTLING ON AN ANNUAL BASIS.    THE  TRAINING  MUST  BE
COMPLETED  WITHIN TWO WEEKS OF THE COMMENCEMENT OF PRACTICES OR PRIOR TO
PARTICIPATION IN ANY  INTERSCHOLASTIC  WRESTLING  SCRIMMAGE,  MATCH,  OR
TOURNAMENT,  WHICHEVER IS SOONER. ANY STUDENT NOT IN COMPLIANCE SHALL BE
BARRED FROM PARTICIPATION UNTIL  SUCH  TIME  THE  STUDENT  COMES  WITHIN
COMPLIANCE  WITH  THIS  SECTION.    THE INTERSCHOLASTIC WRESTLING HEALTH
TRAINING AND EDUCATION PROGRAM SHALL BE PLATFORMED UPON A WEBSITE  SPON-
SORED  BY  THE  DEPARTMENT.    THE  DEPARTMENT SHALL MAINTAIN AN ON-LINE
REGISTRY CONTAINING THE NAMES OF  ALL  STUDENTS  AND  COACHES  WHO  HAVE
CERTIFIED COMPLETION OF THE TRAINING PROGRAM.

S. 5654--A                          3

  4.  REGULATIONS.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMUL-
GATE RULES AND REGULATIONS TO PREVENT THE SPREAD  OF  METHICILLIN-RESIS-
TANT STAPHYLOCOCCUS AUREUS (MRSA).
  5. DEFINITIONS. FOR PURPOSES OF THIS SECTION MRSA SHALL MEAN METHICIL-
LIN-RESISTANT STAPHYLOCOCCUS AUREUS.
  S  2.  The public health law is amended by adding a new section 2111-a
to read as follows:
  S 2111-A. MRSA AND INFECTIOUS SKIN DISEASE PROTOCOL AND EDUCATION.  1.
THE  METHICILLIN-RESISTANT  STAPHYLOCOCCUS  AUREUS (MRSA) AND INFECTIOUS
SKIN DISEASE INFORMATIONAL PROGRAM. THE DEPARTMENT, IN CONSULTATION WITH
THE EDUCATION DEPARTMENT, SHALL  DEVELOP  A  MRSA  AND  INFECTIOUS  SKIN
DISEASE  EDUCATION  PROGRAM. THE MRSA AND INFECTIOUS SKIN DISEASE EDUCA-
TION PROGRAM SHALL CONSIST OF  A  PROGRAM  TO  DISSEMINATE  INFORMATION,
THROUGH  THE  DEPARTMENT'S  WEBPAGE,  THAT DESCRIBES THE CONDITIONS THAT
CONTRIBUTE TO MRSA AND INFECTIOUS  SKIN  DISEASE.  SUCH  INFORMATION  SO
DISSEMINATED SHALL ALSO PRESCRIBE CLEANING METHODS, PROTOCOLS AND PROCE-
DURES THAT CAN ERADICATE THE CONTAMINATIONS OF MRSA AND OTHER INFECTIOUS
SKIN  DISEASES.  THE  PAGE  MAINTAINED BY THE DEPARTMENT, UPON WHICH THE
MRSA AND INFECTIOUS SKIN DISEASE EDUCATION PROGRAM SHALL BE  PLATFORMED,
SHALL  ALSO  CONTAIN  A  DOWNLOADABLE  FACT  SHEET ON MRSA, ITS ORIGINS,
TREATMENT AND PREVENTION.
  2. INTERSCHOLASTIC WRESTLING HEALTH TRAINING  AND  EDUCATION  PROGRAM.
THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK PUBLIC HIGH SCHOOL
ATHLETIC ASSOCIATION, AND THE DEPARTMENT OF EDUCATION, SHALL  ASSIST  IN
DEVELOPING  AN  INTERSCHOLASTIC  WRESTLING HEALTH TRAINING AND EDUCATION
PROGRAM, WHICH SHALL CONSIST OF AN ONLINE HEALTH TRAINING AND  EDUCATION
PROGRAM  FOR  INTERSCHOLASTIC  WRESTLING  COACHES  AND  STUDENT ATHLETES
PARTICIPATING IN INTERSCHOLASTIC WRESTLING ON THE SUBJECT OF  CONDITIONS
THAT CONTRIBUTE TO MRSA AND INFECTIOUS SKIN DISEASE, AS WELL AS CLEANING
METHODS,  PROTOCOLS  AND PROCEDURES THAT CAN ERADICATE THE CONTAMINATION
OF MRSA AND/OR OTHER INFECTIOUS SKIN DISEASES WHICH SHALL BE  HOSTED  ON
THE  STATE  EDUCATION DEPARTMENT WEBPAGE.  COMPLETION OF SUCH INTERSCHO-
LASTIC WRESTLING HEALTH TRAINING AND EDUCATION PROGRAM SHALL BE MANDATO-
RY FOR  ALL  INTERSCHOLASTIC  WRESTLING  COACHES  AND  STUDENT  ATHLETES
PARTICIPATING IN INTERSCHOLASTIC WRESTLING.
  3.  POWERS  OF  THE  DEPARTMENT. THE DEPARTMENT SHALL, IN CONSULTATION
WITH THE STATE EDUCATION DEPARTMENT, PROMULGATE  RULES  AND  REGULATIONS
REGARDING  THE  CEASING  OF  PARTICIPATION IN, AND RESUMPTION OF PARTIC-
IPATION IN, INTERSCHOLASTIC WRESTLING PRACTICES AND COMPETITIONS, WHEN A
STUDENT HAS CONTRACTED AN INFECTIOUS SKIN DISEASE. SUCH RULES AND  REGU-
LATIONS  SHALL  SPECIFY WHEN A STUDENT ATHLETE SHALL DISCONTINUE PARTIC-
IPATION, AS WELL AS DEFINE THE PROTOCOLS, REQUIREMENTS  AND  TIMING  FOR
THE RESUMPTION OF PARTICIPATION IN SUCH ATHLETIC CONTESTS.
  4.  REGULATIONS.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMUL-
GATE RULES AND REGULATIONS TO PREVENT THE SPREAD  OF  METHICILLIN-RESIS-
TANT STAPHYLOCOCCUS AUREUS (MRSA).
  5. DEFINITIONS. FOR PURPOSES OF THIS SECTION MRSA SHALL MEAN METHICIL-
LIN-RESISTANT STAPHYLOCOCCUS AUREUS.
  S 3. This act shall take effect October 1, 2012; provided however that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.

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