S T A T E   O F   N E W   Y O R K
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                                  1747

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. ZEBROWSKI, COLTON, JAFFEE, LAVINE, WEPRIN, MILL-
  MAN, BRAUNSTEIN -- Multi-Sponsored by -- M. of A. TITONE -- read  once
  and referred to the Committee on Education

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

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00452-01-3

              

A. 1747                             2

  2. EACH SCHOOL  DISTRICT  SHALL  IMPLEMENT  A  NEUROCOGNITIVE  TESTING
PROGRAM  FOR  ALL  ATHLETES  PARTICIPATING  IN A CONTACT SPORT AND SHALL
INCLUDE:
  A.  A  VALID  BASELINE  NEUROCOGNITIVE  ASSESSMENT  CONDUCTED PRIOR TO
PARTICIPATION IN THE SPORT.  THE  BASELINE  TESTING  WILL  BE  PERFORMED
EITHER  THROUGH  A  CONCUSSION MANAGEMENT PROFESSIONAL OR NEUROCOGNITIVE
ASSESSMENT TOOL. A BASELINE TESTING ASSESSMENT FOR AN ATHLETE  SHALL  BE
VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE OF THE ASSESSMENT; AND
  B.  A  POST-INJURY  NEUROCOGNITIVE  TESTING CONDUCTED AFTER AN ATHLETE
SUFFERS ANY CONCUSSION OR TRAUMATIC HEAD INJURY.
  3. A. ANY HIGH SCHOOL ATHLETE WHO IS SUSPECTED OF SUSTAINING A CONCUS-
SION OR TRAUMATIC HEAD INJURY DURING PRACTICE  OR  COMPETITION  MUST  BE
REMOVED FROM THE PRACTICE OR GAME IMMEDIATELY FOLLOWING THE INJURY.
  B.  AN ATHLETE WHO HAS BEEN REMOVED FROM A COMPETITION OR PRACTICE DUE
TO A SUSPECTED HEAD INJURY SHALL NOT RETURN TO PLAY:
  (1) UNLESS THE ATHLETE HAS  UNDERGONE  AND  SUCCESSFULLY  COMPLETED  A
POST-INJURY  NEUROCOGNITIVE TEST AS DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION; AND
  (2) AFTER THE ATHLETE  HAS  SUCCESSFULLY  COMPLETED  A  NEUROCOGNITIVE
TEST,  A LICENSED HEALTH CARE PROFESSIONAL HAS EVALUATED THE ATHLETE AND
HAS GIVEN WRITTEN PERMISSION TO RESUME SPORTS ACTIVITY.
  C. A RECORD OF ALL CONCUSSIONS OR TRAUMATIC HEAD INJURIES SUFFERED  BY
A HIGH SCHOOL ATHLETE SHALL BE KEPT WITH THE SCHOOL'S NURSE.
  S   3001-F.  CONCUSSION  AND  HEAD  INJURY  TRAINING  FOR  COACHES  OF
EXTRA-CLASS PUBLIC SCHOOL CONTACT ATHLETIC ACTIVITIES. 1. THE  BOARD  OF
EDUCATION  SHALL  DEVELOP AN APPROVED LIST OF TRAINING COURSES REGARDING
RECOGNITION AND MANAGEMENT OF CONCUSSIONS AND TRAUMATIC HEAD INJURIES.
  2. PERSONS EMPLOYED IN PUBLIC SCHOOLS AS COACHES OF A  CONTACT  SPORT,
AS  DEFINED  IN  SECTION  THREE  THOUSAND  ONE-E  OF THIS ARTICLE, SHALL
COMPLETE AN APPROVED TRAINING COURSE AS PROVIDED IN SUBDIVISION  ONE  OF
THIS  SECTION  BY DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN; PROVIDED,
HOWEVER, THAT THE COMMISSIONER SHALL HAVE THE AUTHORITY TO ESTABLISH  BY
RULE  OR REGULATION AN ADDITIONAL TIME SCHEDULE FOR COMPLIANCE WITH THIS
SECTION. ALL PUBLIC SCHOOL COACHES SHALL COMPLETE AN ADDITIONAL TRAINING
COURSE NO LONGER THAN FIVE YEARS LATER THAN THE INITIAL TRAINING.
  S 3. This act shall take effect July 1, 2014 and shall  apply  to  all
school  years  commencing on or after such date; provided that effective
immediately, the commissioner of education is authorized and directed to
promulgate all rules and regulations and take all actions  necessary  to
implement the provisions of this act on or before its effective date.