senate Bill S185

2013-2014 Legislative Session

Creates a concussion management advisory board to advise the education department on implementation of the best practices related to concussion management

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Archive: Last Bill Status - In Committee


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

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Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

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S185 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 62 ยงยง3050 - 3057, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S861

S185 - Bill Texts

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Creates a concussion management advisory board to advise the education department on implementation of the best practices related to concussion management; including an interscholastic sports head injury awareness program.

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BILL NUMBER:S185 REVISED 12/07/12

TITLE OF BILL:
An act
to amend the education law, in relation to establishing the New
York state head injury awareness and prevention act

PURPOSE:
Proper evaluation and management of concussions, through early
intervention and response, will lessen the effects of this potential
life threatening injury. Having properly trained individuals evaluate
concussions is essential. It is equally important to educate parents
and guardians, students, coaches and administrators on the early and
accurate recognition of the signs and symptoms of concussions and the
potential harmful effects of head injuries not just on the physical
well-being of an athlete or student, but on his or her academic
performance.

SUMMARY OF PROVISIONS:
The education law is amended adding a new Article 62 establishing the
New York State Head Injury Awareness and Prevention Program.

Section 3052 establishes an advisory board composed of experts in the
area of concussion diagnosis, treatment and management, who will
serve as advisors to the department and school districts.

Section 3053 details the way that the Department of Education will
work together with the Advisory Board to promulgate rules and
regulations and distribute educational materials, forms and other
materials to comply with this statute to school districts throughout
the State through a dedicated website.

Section 3054 provides for definitions needed to clarify terms used in
the implementation of the statutory framework of this legislation.

Section 3055 establishes the interscholastic sports head injury
awareness program, which details the requirements for training
coaches, player and parental awareness, and criteria for removing and
returning players from play or practice.

Section 3056 establishes the all activity head injury awareness and
outreach program for all school activities, and details the
information and awareness provisions for teachers, students and
parents and guardians and the sequence for identifying head injuries
and removing students from activities and returning them to
activities after evaluation by an appropriate health care provider.

Section 3057 establishes requirements for training course development
and implementation.

JUSTIFICATION:
Reported mild traumatic brain injuries (TBIs), commonly known as
concussions, occur at all levels of sports play as well as in school
gyms, playgrounds and even in the classroom. The New York state
Department of Health reports that between 2006 and 2008, more then
23,000 school aged youths in New York visited the emergency


department or were hospitalized for concussions annually with the
cost of their medical care approaching 480 million. The three-year
total cost of hospitalization and emergency department visits was
over one billion dollars. Early intervention and response, by the
proper evaluation and management of concussions, will lessen the
effects of this potential life threatening injury.

LEGISLATIVE HISTORY:
2010: S.8420/A.11605
2011: REFERRED TO EDUCATION
2012: REFERRED TO EDUCATION

FISCAL IMPLICATIONS:
Minimal within available programmatic resources of departments.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   185

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 establishing  the  New
  York state head injury awareness and prevention act

  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 article 62  to
read as follows:
                               ARTICLE 62
           NEW YORK STATE HEAD INJURY AWARENESS AND PREVENTION
                                   ACT
SECTION 3050. SHORT TITLE.
        3051. LEGISLATIVE INTENT.
        3052. CONCUSSION MANAGEMENT ADVISORY BOARD.
        3053. NEW YORK STATE HEAD INJURY AWARENESS PROGRAM.
        3054. DEFINITIONS.
        3055. INTERSCHOLASTIC SPORTS HEAD INJURY AWARENESS PROGRAM.
        3056. ALL ACTIVITY HEAD INJURY AWARENESS AND OUTREACH PROGRAM.
        3057. TRAINING COURSE DEVELOPMENT AND IMPLEMENTATION.
  S  3050.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "NEW YORK STATE HEAD INJURY AWARENESS AND PREVENTION ACT".
  S 3051. LEGISLATIVE INTENT.  1. IT IS AND HAS BEEN  THE  LONG-STANDING
POLICY  OF  THE STATE OF NEW YORK THAT THE WELL-BEING OF OUR CHILDREN IS
PARAMOUNT. THE STATE ALSO HAS A PROUD HISTORY OF PROMOTING THE  DEVELOP-
MENT  OF  HEALTHY  MINDS  AND  BODIES  IN OUR CHILDREN BY INVOLVEMENT IN
SPORTS, WHICH STATE POLICY HAS SUPPORTED AT ALL LEVELS OF OUR  EDUCATION
AND  HIGHER  EDUCATION SYSTEMS.   REPORTED MILD TRAUMATIC BRAIN INJURIES
(TBIS), COMMONLY KNOWN AS CONCUSSIONS, OCCUR AT  ALL  LEVELS  OF  SPORTS
PLAY.  THE  NEW YORK STATE DEPARTMENT OF HEALTH REPORTS THAT BETWEEN THE
YEARS TWO THOUSAND SIX AND TWO THOUSAND  EIGHT  MORE  THAN  TWENTY-THREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00195-01-3

S. 185                              2

THOUSAND  SCHOOL  AGED  YOUTH  VISITED  THE EMERGENCY DEPARTMENT OR WERE
HOSPITALIZED FOR CONCUSSIONS ANNUALLY WITH THE  COST  OF  THEIR  MEDICAL
CARE  APPROACHING  EIGHTY  MILLION DOLLARS. THE THREE YEAR TOTAL COST OF
BOTH  HOSPITALIZATION AND EMERGENCY DEPARTMENT VISITS IN THE SAME PERIOD
FOR ALL AGE GROUPS IN THE STATE FOR TREATMENT OF TBIS WAS OVER A BILLION
DOLLARS.
  2. THE LEGISLATURE FURTHER FINDS THAT  EARLY  INTERVENTION,  RESPONSE,
AND  THE PROPER EVALUATION AND MANAGEMENT OF CONCUSSIONS WILL LESSEN THE
EFFECTS OF THIS POTENTIALLY LIFE THREATENING INJURY.  IT IS ESSENTIAL TO
EDUCATE PARENTS AND GUARDIANS, STUDENTS, COACHES AND SCHOOL PERSONNEL ON
THE EARLY AND ACCURATE RECOGNITION OF THE SIGNS AND SYMPTOMS OF  CONCUS-
SIONS  AND  THE POTENTIAL HARMFUL EFFECTS OF HEAD INJURIES NOT JUST ON A
CHILD'S PHYSICAL WELL-BEING BUT ON HIS OR HER  ACADEMIC  PERFORMANCE  AS
WELL.
  3.  THE LEGISLATURE HEREBY DECLARES THAT AN ADVISORY BOARD COMPOSED OF
EXPERTS IN THE AREA OF CONCUSSION DIAGNOSIS, TREATMENT  AND  MANAGEMENT,
WHO  WILL  SERVE  AS ADVISORS TO THE DEPARTMENT AND SCHOOL DISTRICTS, IS
CRITICAL TO THE SUCCESS OF THIS LEGISLATION AND TO IMPLEMENTATION  OF  A
STANDARDIZED  STATEWIDE  PROGRAM, CONSISTENT ACROSS ALL SCHOOL DISTRICTS
AND REGIONS OF THE STATE.
  4. THE ADVISORY BOARD MEMBERS, ARMED WITH CURRENT  KNOWLEDGE  OF  BEST
PRACTICES  AND  INFORMATION  RESOURCES THAT MAY BE DEPLOYED, WILL ADVISE
THE DEPARTMENT ON THE CONTENTS FOR A WEB-BASED INFORMATION  KIT,  FORMS,
AND  EDUCATIONAL MATERIALS, THAT SHALL BE MADE AVAILABLE TO SCHOOLS FREE
OF CHARGE THROUGHOUT THE STATE SUCH THAT THEY MAY EFFECTIVELY  IMPLEMENT
PROGRAMS  TO  PROTECT  PARTICIPANTS IN INTERSCHOLASTIC SPORTS, AND OTHER
ACTIVITIES WHERE HEAD INJURIES MAY OCCUR.
  S 3052. CONCUSSION MANAGEMENT ADVISORY BOARD.  1.    THERE  IS  HEREBY
ESTABLISHED  IN  THE  DEPARTMENT  A STATE CONCUSSION MANAGEMENT ADVISORY
BOARD TO ADVISE THE DEPARTMENT IN IMPLEMENTATION OF  BEST  PRACTICES  AS
RELATED TO CONCUSSION MANAGEMENT.
  2.  MEMBERS  OF THE CONCUSSION MANAGEMENT PROFESSIONAL ADVISORY BOARD,
HEREAFTER REFERRED TO AS THE "BOARD", SHALL INCLUDE DESIGNATED REPRESEN-
TATIVES FROM THE FOLLOWING ORGANIZATIONS:
  A. NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION (NYSPHSAA);
  B. STONY BROOK UNIVERSITY - ATHLETIC TRAINING PROGRAM;
  C.  MOUNT SINAI SCHOOL OF MEDICINE - RESEARCH AND TRAINING  CENTER  ON
COMMUNITY INTEGRATION OF INDIVIDUALS WITH TRAUMATIC BRAIN INJURY;
  D.  UNIVERSITY  OF BUFFALO SCHOOL OF PUBLIC HEALTH - ATHLETIC TRAINING
PROGRAM;
  E. NATIONAL ATHLETIC TRAINERS' ASSOCIATION'S CONCUSSION COUNCIL;
  F. NEW YORK STATE ATHLETIC TRAINERS' ASSOCIATION;
  G. NEW YORK STATE SCHOOL NURSES' ASSOCIATION;
  H. SCHOOL DISTRICT REPRESENTATIVE;
  I. NEW YORK STATE DEPARTMENT OF EDUCATION;
  J. NEW YORK STATE DEPARTMENT OF HEALTH; AND
  K. MEDICAL SOCIETY.
  3. THE BOARD SHALL MEET AT LEAST THREE TIMES A YEAR AND SHALL  FACILI-
TATE  AS  PRACTICABLE  AS  POSSIBLE  WITHOUT  ADDITIONAL COSTS TO SCHOOL
DISTRICTS THE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE.
  THE COMMISSIONERS MAY DETAIL FROM TIME TO TIME, FOR THE ASSISTANCE  OF
THE  ADVISORY  BOARD,  SUCH  EMPLOYEES  OF  THE DEPARTMENTS AS THEY DEEM
NECESSARY.
  THE ADVISORY BOARD SHALL REVIEW EXISTING AND PROPOSED STATE HEAD INJU-
RY AWARENESS AND PREVENTION LAWS AND  REGULATIONS.  THE  ADVISORY  BOARD
SHALL  REVIEW  EXISTING  AND  PROPOSED  STATE  HEAD INJURY AWARENESS AND

S. 185                              3

PREVENTION LAWS AND REGULATIONS. THE ADVISORY BOARD SHALL MAKE RECOMMEN-
DATIONS TO THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF  EDUCATION
AS  TO  ANY REGULATORY CHANGES THAT MAY BE NECESSARY FOR THE IMPLEMENTA-
TION OF THIS ARTICLE.
  THE  ADVISORY  BOARD FURTHER, SHALL REVIEW EXISTING AND PROPOSED STATE
HEAD INJURY AWARENESS AND PREVENTION LAWS AND SHALL MAKE RECOMMENDATIONS
TO THE GOVERNOR, THE LEADERS OF THE SENATE AND ASSEMBLY, AS WELL AS  THE
ASSEMBLY  AND  SENATE  CHAIRS  OF  THE STANDING COMMITTEES ON HEALTH AND
EDUCATION, ANY NECESSARY CHANGES OR ADDITIONS TO LAWS  AND  PROGRAMS  TO
IMPROVE HEAD INJURY AWARENESS AND PREVENTION.
  THE  ADVISORY BOARD SHALL REPORT THE EFFECTIVENESS OF THE DEPARTMENTS'
ACTIVITIES.
  4. ADDITIONAL RESPONSIBILITIES OF THE ADVISORY  BOARD  SHALL  INCLUDE,
BUT  NOT  BE LIMITED TO, ADVICE AND COUNSEL TO THE DEPARTMENT AS WELL AS
ASSISTANCE TO THE DEPARTMENT IN THE DEVELOPMENT AND RECOMMENDATIONS  FOR
BEST PRACTICES REGARDING THE FOLLOWING:
  A. CONTENTS OF TRAINING AND INFORMATIONAL MATERIALS;
  B. RELEASE FORMS;
  C. CONTENTS OF WEBSITES;
  D. REQUIREMENTS FOR GAME DAY COVERAGE FOR INTERSCHOLASTIC PLAY;
  E. REQUIRED TRAINING FOR COACHES AND SCHOOL OFFICIALS;
  F. PROTOCOLS FOR RETURN TO PRACTICE OR PLAY OR RETURN TO SCHOOL AND/OR
SCHOOL ACTIVITIES;
  G. POST INJURY INFORMATION SHEETS AND GUIDELINES; AND
  H.  OVERSEE  ANNUAL COACH TRAINING REQUIREMENTS AND SUGGEST ADDITIONAL
COACH TRAINING REQUIREMENTS AS NEEDED.
  5. A. MEMBERS OF THE BOARD SHALL RECEIVE  NO  COMPENSATION  FOR  THEIR
SERVICES.  THEY  SHALL  BE ENTITLED TO REASONABLE AND NECESSARY EXPENSES
ACCRUED DURING THE PERFORMANCE OF THEIR DUTIES.
  B. MEMBERS OF THE ADVISORY BOARD SHALL NOT BE HELD INDIVIDUALLY OR  AS
A  GROUP  LEGALLY RESPONSIBLE FOR ANY ACTIONS TAKEN BY THEM OR THE BOARD
ABSENT A FINDING OF GROSS NEGLIGENCE.
  6. PRELIMINARY RECOMMENDATIONS OF THE ADVISORY BOARD  FOR  IMPLEMENTA-
TION OF POLICIES SHALL BE SUBMITTED TO THE GOVERNOR, STATE EDUCATION AND
HEALTH  DEPARTMENTS  AND  TO THE HEALTH AND EDUCATION COMMITTEES OF BOTH
HOUSES OF THE LEGISLATURE BY A DATE NO LATER  THAN  ONE  HUNDRED  EIGHTY
DAYS FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE.
  S  3053.  NEW YORK STATE HEAD INJURY AWARENESS PROGRAM. 1. THE DEPART-
MENT, IN CONSULTATION WITH OTHER STATE AGENCIES,  SHALL  BE  RESPONSIBLE
FOR  IMPLEMENTING  REGULATORY  RECOMMENDATIONS  OF THE ADVISORY BOARD AS
WELL AS THE STATUTORY PROVISIONS OF THIS ARTICLE WITH RESPECT TO  GUIDE-
LINES AND STANDARDS FOR:
  A. STUDENT ATHLETES PARTICIPATING IN INTERSCHOLASTIC COMPETITIONS; AND
  B.  ALL  SCHOOL  DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
AND NONPUBLIC SCHOOLS RELATING TO THE TRAINING OF SCHOOL  PERSONNEL  AND
PROVIDING  INFORMATION TO PARENTS REGARDING THE TREATMENT AND MONITORING
OF STUDENTS WHO SUFFER OR ARE SUSPECTED  OF  SUFFERING  CONCUSSIONS  AND
HEAD INJURIES.
  2.  THE  DEPARTMENT  IN  CONSULTATION  WITH  THE  ADVISORY BOARD SHALL
PROMULGATE RULES AND REGULATIONS, INCLUDING PROVISION OF UNIFORM  GUIDE-
LINES,  PROTOCOLS  AND  FORMS THAT SHALL BE USED BY ALL SCHOOL DISTRICTS
THROUGHOUT THE STATE.
  3. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A DEDICATED  CONCUSSION
MANAGEMENT  WEBSITE  THAT  SHALL  INCLUDE  LINKS  TO RELEVANT MATERIALS,
EDUCATIONAL PROGRAMS AND READILY DOWNLOADABLE  FORMS  OF  ALL  MATERIALS

S. 185                              4

REQUIRED  TO COMPLY WITH THE RULES, REGULATIONS AND GUIDELINES SET FORTH
HEREIN.
  4.  THE  DEPARTMENT, ON AT LEAST AN ANNUAL BASIS PRIOR TO THE START OF
THE NEW SCHOOL YEAR, SHALL UPDATE MATERIALS AS NEEDED  TO  REFLECT  BEST
PRACTICES AND MOST CURRENT INFORMATION.
  5. FORMS AND INFORMATIONAL MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO:
  A. PARENTAL AND STUDENT HEAD INJURY INFORMATION PACKETS;
  B. RELEASE FORMS FOR PARENTS AND STUDENTS;
  C.  ANNUAL  TRAINING CERTIFICATION FORMS FOR ALL SCHOOL DISTRICT STAFF
AND VOLUNTEER CERTIFIED HEALTH CARE PROVIDERS;
  D. ACCIDENT REPORTING AND OBSERVATION FORMS WHICH INCLUDE A CONCUSSION
SIGNS AND SYMPTOMS CHECKLIST;
  E. TEAM MEDICAL STAFFING RECORDKEEPING FORMS;
  F. RETURN TO ACTIVITY PROTOCOL FORMS TO BE USED BY HEALTH CARE PROVID-
ERS;
  G. INFORMATION REGARDING HEALTH CARE PROVIDERS TRAINED IN THE RECOGNI-
TION OF HEAD INJURIES AND CARE;
  H. POST INJURY FACT SHEETS FOR PARENTS/GUARDIANS AND STUDENTS; AND
  I. SCHOOL "CONCUSSION MANAGEMENT POINT PERSON" INFORMATION AND  TRAIN-
ING KITS.
  6.  EACH SCHOOL DISTRICT SHALL DESIGNATE A CONCUSSION MANAGEMENT POINT
PERSON, WHO IS A FULL-TIME EMPLOYEE OF THE SCHOOL  DISTRICT,  WHO  SHALL
HAVE  QUALIFICATIONS  ESTABLISHED  BY THE DEPARTMENT UPON THE ADVICE AND
COUNSEL OF THE ADVISORY  BOARD  AND  WHO  WILL  MANAGE  INFORMATION  AND
RECORDS AS REQUIRED RELATING TO THE NEW YORK STATE HEAD INJURY AWARENESS
PROGRAM  FOR  EACH  SCHOOL  WITHIN  THE SCHOOL DISTRICT. INFORMATION AND
TRAINING KITS SHALL BE PROVIDED TO SUPPORT  THIS  POSITION  THROUGH  THE
DEPARTMENT'S CONCUSSION MANAGEMENT WEBSITE.
  S 3054. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "LICENSED  HEALTH  CARE  PROVIDER" SHALL MEAN A PHYSICIAN LICENSED
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS CHAPTER, A  PHYSICIAN
ASSISTANT  LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS
CHAPTER, A CERTIFIED NURSE PRACTITIONER CERTIFIED  PURSUANT  TO  SECTION
SIXTY-NINE  HUNDRED  TEN  OF THIS CHAPTER.  IN ALL CASES THE HEALTH CARE
PROVIDER SHOULD PRACTICE IN A SPECIALTY RELEVANT TO THE CARE AND  TREAT-
MENT OF HEAD INJURIES AS DETERMINED BY THE BOARD.
  2. "SCHOOL ATHLETIC ACTIVITY" SHALL MEAN A SANCTIONED COMPETITION.
  3.  "SCHOOL  PERSONNEL"  SHALL  MEAN  TEACHER, COACH, CLUB, INTRAMURAL
SPORT OR ACTIVITY  SUPERVISOR,  SCHOOL  ADMINISTRATOR,  SCHOOL  GUIDANCE
COUNSELOR,  SCHOOL  PSYCHOLOGIST,  SCHOOL  DRUG COUNSELOR, SCHOOL NURSE,
CLASSROOM AIDES.
  4. "QUALIFIED CONCUSSION  MANAGEMENT  TRAINING"  SHALL  MEAN  TRAINING
EQUIVALENT  TO  THAT  WHICH IS OFFERED THROUGH THE DEPARTMENT AS PART OF
ITS FIRST AID TRAINING COURSE.
  5. "RETURN TO ACTIVITY PROTOCOL" SHALL MEAN A STEP BY STEP PROGRESSION
FROM INJURY TO FULL PARTICIPATION, BASED ON MONITORING THE RESOLUTION OF
CONCUSSION SIGNS AND SYMPTOMS.
  S 3055. INTERSCHOLASTIC  SPORTS  HEAD  INJURY  AWARENESS  PROGRAM.  1.
COACH  TRAINING.  REQUIRED  CERTIFICATION FOR ALL COACHES MUST INCLUDE A
FIRST AID TRAINING COURSE  AND  COMPLETION  OF  A  QUALIFIED  CONCUSSION
MANAGEMENT  TRAINING  SECTION  OR  PROGRAM. ADDITIONAL ANNUAL CONCUSSION
MANAGEMENT  TRAINING  REQUIREMENTS  FOR  COACHES  OF  SCHOOL  SANCTIONED
COMPETITIVE SPORTS SHALL BE DETERMINED BY THE DEPARTMENT UPON THE ADVICE
AND COUNSEL OF THE ADVISORY BOARD.

S. 185                              5

  2.  PRIOR TO PARTICIPATION IN EACH SCHOOL SANCTIONED COMPETITIVE SPORT
THE ATHLETE AND HIS OR HER PARENT OR GUARDIAN MUST SIGN  AND  RETURN  TO
THE  SCHOOL DISTRICT AN ACKNOWLEDGEMENT AND A CONCUSSION AND HEAD INJURY
FACT AND INFORMATION FORM.
  3. A. ANY ATHLETE DETERMINED TO SHOW SIGNS, SYMPTOMS OR BEHAVIORS OF A
CONCUSSION  OR  HEAD INJURY DURING PRACTICE OR PLAY SHALL IMMEDIATELY BE
REMOVED FROM PARTICIPATION.
  B. THE ACTION REMOVING THE ATHLETE FROM PLAY SHALL BE DOCUMENTED USING
A CONCUSSION SIGNS AND SYMPTOMS CHECKLIST BY THE COACH, ATHLETIC TRAINER
OR LICENSED HEALTH CARE PROVIDER.
  C. THE ATHLETE SHALL NOT RETURN TO PLAY OR PRACTICE UNTIL HE OR SHE:
  (I) HAS BEEN EVALUATED BY A LICENSED HEALTH CARE PROVIDER;
  (II) HAS RECEIVED WRITTEN CLEARANCE TO RETURN  TO  PARTICIPATION  FROM
THAT LICENSED HEALTH CARE PROVIDER; AND
  (III) HAS SUCCESSFULLY COMPLETED A RETURN TO ACTIVITY PROTOCOL.
  S  3056.  ALL  ACTIVITY HEAD INJURY AWARENESS AND OUTREACH PROGRAM. 1.
SCHOOL PERSONNEL TRAINING REQUIREMENTS SHALL BE DETERMINED BY THE BOARD.
  2. AT THE BEGINNING OF EACH SCHOOL YEAR PARENTS AND/OR GUARDIANS OF  A
STUDENT  IN  GRADES KINDERGARTEN THROUGH SIX MUST SIGN AND RETURN TO THE
SCHOOL DISTRICT A CONCUSSION AND HEAD INJURY FACT AND INFORMATION  FORM.
FOR  GRADES  SEVEN THROUGH TWELVE BOTH THE STUDENT AND HIS OR HER PARENT
OR GUARDIAN MUST SIGN AND RETURN TO THE SCHOOL DISTRICT A CONCUSSION AND
HEAD INJURY FACT AND INFORMATION FORM.
  3. WHEN A HEAD INJURY IS SUSPECTED OR OBSERVED:
  (A) ANY STUDENT DETERMINED TO SHOW SIGNS OR SYMPTOMS OR BEHAVIORS OF A
CONCUSSION OR HEAD  INJURY  DURING  AN  ACTIVITY  SHALL  BE  IMMEDIATELY
REMOVED FROM PARTICIPATION.
  (B)  THE  ACTION  REMOVING THE STUDENT FROM AN ACTIVITY SHALL BE DOCU-
MENTED USING A CONCUSSION SIGNS AND SYMPTOMS  CHECKLIST  BY  THE  SCHOOL
PERSONNEL OR LICENSED HEALTH CARE PROVIDER.
  (C)  THE  STUDENT  SHALL  NOT RETURN TO SCHOOL OR ACTIVITIES UNTIL (I)
THEY HAVE BEEN EVALUATED BY A LICENSED HEALTH CARE PROVIDER;  (II)  THEY
HAVE  RECEIVED  WRITTEN  CLEARANCE  TO RETURN TO PARTICIPATION FROM THAT
LICENSED  HEALTH  CARE  PROVIDER;  AND  (III)  THEY  HAVE   SUCCESSFULLY
COMPLETED  A  RETURN  TO  ACTIVITY  PROTOCOL AS DETERMINED BY A LICENSED
HEALTH CARE PROVIDER.
  S 3057. TRAINING COURSE DEVELOPMENT AND IMPLEMENTATION. 1.    TRAINING
MATERIALS  SHALL  BE MADE AVAILABLE TO SCHOOLS AND SCHOOL DISTRICTS FREE
OF CHARGE ON THE CONCUSSION MANAGEMENT WEBSITE. WHERE POSSIBLE  EXISTING
TRAINING  PROGRAM  MATERIALS WILL BE EVALUATED AND INCORPORATED INTO THE
APPROVED TRAINING PROGRAMS. TRAINING MATERIALS SHALL INCLUDE A POST-TEST
AND CERTIFICATE TO VERIFY AN EDUCATION, UNDERSTAND, COMPLETION CYCLE.
  2. FUNDING FOR DEVELOPMENT AND DELIVERY OF TRAINING PROGRAMS SHALL  BE
SOUGHT  FROM  FOUNDATIONS,  PRIVATE  DONORS  AND  DONATIONS  AND IN-KIND
CONTRIBUTIONS FROM COLLEGES AND UNIVERSITIES  AND  OTHER  NOT-FOR-PROFIT
ENTITIES IN THE STATE WITH RELEVANT SPECIALTIES.
  3.  THE  STATE  UNIVERSITY OF NEW YORK SHALL BE RESPONSIBLE FOR IMPLE-
MENTING RECOMMENDATIONS OF THE BOARD WITH RESPECT TO  ADVANCED  TRAINING
PROGRAMS.  COURSES  FOR  ADVANCED  CERTIFICATION  OF COACHES AND CERTIF-
ICATION OF HEALTH CARE AND MEDICAL PROFESSIONALS SHALL BE MADE AVAILABLE
TO STATE RESIDENTS THROUGH THE STATE UNIVERSITY  OF  NEW  YORK  LEARNING
NETWORK  FOR  A  NOMINAL  CHARGE  TO COVER COSTS OF PROGRAM DELIVERY AND
SUPPORT.
  S 2. This act shall take effect immediately.

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