Bill Text: NY A01977 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to updating school concussion management and response protocols; increases concussion data collection and reporting.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - referred to education [A01977 Detail]
Download: New_York-2023-A01977-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1977 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. FALL -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to updating school concussion management and response protocols and increasing concussion data collection and reporting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "concussion 2 management and awareness improvement act of 2023". 3 § 2. Subdivision 42 of section 305 of the education law, as added by 4 chapter 496 of the laws of 2011 and paragraph b as amended by chapter 5 617 of the laws of 2022, is amended to read as follows: 6 42. a. The commissioner, in conjunction with the commissioner of 7 health, shall promulgate and review as necessary rules and regulations 8 relating to pupils who suffer mild traumatic brain injuries, also 9 referred to as a "concussion," while receiving instruction or engaging 10 in any school sponsored [or], school related activity, or competitive, 11 travel youth sport on school district property. In developing such 12 rules and regulations, the commissioner shall consider comments from 13 stakeholders and other interested parties including but not limited to 14 parents, teachers, students, school administrators, school athletic 15 trainers, sport coaches, medical and health professionals, the public 16 schools athletic league (PSAL), the New York state public high school 17 athletic association (NYSPHSAA), and other athletic associations. Such 18 regulations shall include, but not be limited to: 19 (i) requiring a course of instruction relating to recognizing the 20 symptoms of mild traumatic brain injuries and monitoring and seeking 21 proper medical treatment for pupils who suffer mild traumatic brain 22 injuries. Such course of instruction shall be required to be completed 23 on a biennial basis by all school coaches, physical education teachers, 24 nurses [and], athletic trainers, medical directors, physicians, nurse EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06503-01-3A. 1977 2 1 practitioners, and physician assistants employed by or under contract to 2 a school or school district. The course of instruction required by this 3 subparagraph shall include, but not be limited to, the definition of a 4 "concussion," signs and symptoms of mild traumatic brain injuries, how 5 such injuries may occur, practices regarding prevention, and the guide- 6 lines for the return to school and to certain school activities after a 7 pupil has suffered a mild traumatic brain injury regardless of whether 8 such injury occurred outside of school. Such training may be completed 9 by means of courses of instruction, including but not limited to, cours- 10 es provided online and by teleconference approved by the department; 11 (ii) providing that the department and the department of health shall 12 post on their internet websites information relating to mild traumatic 13 brain injuries, which shall include but not be limited to, the defi- 14 nition of a "concussion," signs and symptoms of mild traumatic brain 15 injuries, how such injuries may occur, and the guidelines for the return 16 to school and to certain school activities after a pupil has suffered a 17 mild traumatic brain injury regardless of whether such injury occurred 18 outside of school. Schools shall be required to include such information 19 in any permission form or parent or person in parental relation consent 20 form or similar document that may be required for a pupil's partic- 21 ipation in interscholastic sports and shall also include such informa- 22 tion, or reference how to obtain such information from the department 23 and the department of health internet websites, on the school's internet 24 website, if one exists; 25 (iii) requiring the immediate removal from athletic activities of any 26 pupil believed to have sustained or who has sustained a mild traumatic 27 brain injury. In the event that there is any doubt as to whether a pupil 28 has sustained a concussion, it shall be presumed that he or she has been 29 so injured until proven otherwise. No such pupil shall resume athletic 30 activity until he or she shall have been symptom free for not less than 31 twenty-four hours, has returned to a full class schedule without academ- 32 ic adjustments or accommodations made due to the mild traumatic brain 33 injury, and has been evaluated by and received written and signed 34 authorization from a licensed physician. Such authorization shall be 35 kept on file in the pupil's permanent health record. Furthermore, such 36 rules and regulations shall provide guidelines for limitations and 37 restrictions on school attendance and activities, as well as athletic 38 attendance and activities, for pupils who have sustained mild traumatic 39 brain injuries, consistent with the directives of the pupil's treating 40 physician. 41 (iv) [authorizing] requiring each school or school district[, in its42discretion,] to establish a concussion management team which may be 43 composed of the athletic director (if any), a school nurse, the school 44 principal, a school guidance counselor, a school teacher, the school 45 physician, a coach of an interscholastic team, an athletic trainer or 46 such other appropriate personnel as designated by a collective bargain- 47 ing organization of the employee or the school or school district if no 48 such collective bargaining organization exists. The concussion manage- 49 ment team shall oversee the implementation of the rules and regulations 50 promulgated pursuant to this subdivision as it pertains to their associ- 51 ated school including the requirement that all school coaches, physical 52 education teachers, nurses and athletic trainers that work with and 53 provide instruction to pupils engaged in school sponsored athletic 54 activities complete training relating to mild traumatic brain injuries. 55 Furthermore, every concussion management team may establish and imple- 56 ment a program which provides information on mild traumatic brain inju-A. 1977 3 1 ries to parents and persons in parental relation throughout each school 2 year. Every concussion management team shall report annually to their 3 applicable district superintendent or chief school officer, board of 4 education or governing body, and to the department the following infor- 5 mation: (a) the number, sex, age and grade of pupils who sustain a mild 6 traumatic brain injury each year, regardless of the setting in which 7 such injury is sustained; (b) the cause of such injuries; (c) the dura- 8 tion of symptoms of such injuries; and (d) any modifications or accommo- 9 dations made for pupils that have sustained such injuries. 10 (v) recommending that schools retain access to an athletic trainer to 11 provide services to students. 12 b. The rules and regulations established pursuant to this subdivision 13 shall be deemed to be the minimum standards that must be complied with 14 by every public school and nonpublic school and every group or organiza- 15 tion that uses property or facilities owned by a school district for 16 competitive, travel youth sports, relating to mild traumatic brain inju- 17 ries. Nothing in this subdivision shall prohibit any public school or 18 nonpublic school from adopting and implementing more stringent stand- 19 ards. 20 § 3. This act shall take effect on the first of July next succeeding 21 the date on which it shall have become a law; provided, however, that if 22 chapter 617 of the laws of 2022 shall not have taken effect on or before 23 such date then section two of this act shall take effect on the same 24 date and in the same manner as such chapter of the laws of 2022 takes 25 effect. Effective immediately, the addition, amendment, and/or repeal of 26 any rule or regulation necessary for the implementation of this act on 27 its effective date are authorized to be made on or before such date.
