S T A T E O F N E W Y O R K
________________________________________________________________________
6685
2013-2014 Regular Sessions
I N A S S E M B L Y
April 12, 2013
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Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to requiring the commissioner
of labor, in conjunction with the commissioner of health, to establish
nationally recognized evidence based treatment guidelines for profes-
sional sporting team members who suffer concussions; and to require
all New York state professional sporting teams to sign an affidavit
certifying adoption of such guidelines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 21 of the labor law is amended by adding three new
subdivisions 14, 15 and 16 to read as follows:
14. (A) SHALL REQUIRE ALL PROFESSIONAL SPORTING TEAMS LOCATED IN NEW
YORK STATE THAT HAVE ATHLETES PERFORM IN ANY SPORT IN THE STATE, INCLUD-
ING BUT NOT LIMITED TO, BASKETBALL, BASEBALL, FOOTBALL, SOCCER AND HOCK-
EY, TO SUBMIT A SIGNED AFFIDAVIT CERTIFYING THAT SUCH SPORTING TEAMS
HAVE ADOPTED THE NEW YORK STATE EVIDENCE BASED TREATMENT GUIDELINES
PURSUANT TO STANDARDS SET FORTH BY THE INSTITUTE OF MEDICINE FOR
ATHLETES WHO SUFFER MILD TRAUMATIC BRAIN INJURIES, ALSO REFERRED TO AS A
"CONCUSSION," WHILE RECEIVING INSTRUCTION OR ENGAGING IN ANY TEAM OR
INDIVIDUALLY SPONSORED OR RELATED ACTIVITY.
(B) SUCH CERTIFICATION SHALL BE FILED ON A SEMI-ANNUAL BASIS WITH THE
COMMISSIONER. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
PRESCRIBING THE FORM AND MANNER IN WHICH SUCH CERTIFICATION SHALL BE
MADE.
(C) ANY TEAM OR INDIVIDUAL WHO FAILS TO SUBMIT SUCH CERTIFICATION MAY
BE PROHIBITED FROM PERFORMING AT A PROFESSIONAL SPORTING EVENT OR EXHI-
BITION IN NEW YORK STATE.
15. SHALL, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, DESIGNATE
NATIONALLY RECOGNIZED EVIDENCE BASED TREATMENT GUIDELINES FOR ATHLETES
WHO SUFFER MILD TRAUMATIC BRAIN INJURIES, ALSO REFERRED TO AS A "CONCUS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09202-01-3
A. 6685 2
SION." WHEN DESIGNATING SUCH GUIDELINES, THE COMMISSIONER SHALL CONSIDER
ANY COMMENTS REGARDING SUCH GUIDELINES FROM STAKEHOLDERS AND OTHER
INTERESTED PARTIES, INCLUDING BUT NOT LIMITED TO, PROFESSIONAL PLAYER
ASSOCIATIONS, PROFESSIONAL SPORTS LEAGUE TEAMS AND AMATEUR SPORTS TEAMS.
16. SHALL MAKE A RECORD OF ANY FILED CERTIFICATION, AS PROVIDED PURSU-
ANT TO SUBDIVISION FOURTEEN OF THIS SECTION, AVAILABLE TO THE PUBLIC IN
A FORM AND MANNER TO BE DETERMINED BY THE COMMISSIONER.
S 2. The commissioner of labor is hereby authorized to promulgate all
rules and regulations necessary to designate treatment guidelines and to
implement a certification process as set forth in subdivisions 14 and 15
of section 21 of the labor law.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, 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.