S T A T E O F N E W Y O R K
________________________________________________________________________
8194
2011-2012 Regular Sessions
I N A S S E M B L Y
June 6, 2011
___________
Introduced by M. of A. NOLAN, BENEDETTO, SWEENEY, ZEBROWSKI, ROSENTHAL
-- read once and referred to the Committee on Education
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:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11993-03-1
A. 8194 2
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.
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
A. 8194 3
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.