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