Bill Text: NY A05188 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires neurocognative assessment of high school athletes before participation in contact sports and following any concussion and traumatic head injury and requires public school coaches to receive training in the recognition and management of concussions and traumatic head injuries.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2012-01-04 - referred to education [A05188 Detail]
Download: New_York-2011-A05188-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5188 2011-2012 Regular Sessions I N A S S E M B L Y February 14, 2011 ___________ Introduced by M. of A. ZEBROWSKI, COLTON, JAFFEE, SPANO, DESTITO, LAVINE, WEPRIN, MILLMAN -- Multi-Sponsored by -- M. of A. BING, 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: 1 Section 1. This act shall be known and may be cited as the "concus- 2 sion and head injury management act". 3 S 2. The education law is amended by adding two new sections 3001-e 4 and 3001-f to read as follows: 5 S 3001-E. CONCUSSION AND HEAD INJURY MANAGEMENT. 1. DEFINITIONS. AS 6 USED IN THIS SECTION: 7 A. "ATHLETE" MEANS A PERSON ENROLLED IN A PUBLIC SCHOOL WHO ENGAGES IN 8 COMPETITIVE SPORTS AT A HIGH SCHOOL. 9 B. "CONCUSSION" MEANS A MILD BRAIN INJURY CAUSED BY A BLOW TO THE HEAD 10 OR A SUDDEN, VIOLENT MOTION THAT CAUSES THE BRAIN TO BUMP UP AGAINST THE 11 SKULL. 12 C. "CONTACT SPORT" MEANS BASKETBALL, BASEBALL, FOOTBALL, SOFTBALL, 13 SOCCER, WRESTLING, ICE HOCKEY, FIELD HOCKEY, CHEERLEADING, LACROSSE, 14 SKIING OR VOLLEYBALL. 15 D. "NEUROCOGNITIVE ASSESSMENT" MEANS SPECIALIZED EVALUATION THAT IS 16 PRIMARILY CONCERNED WITH LEARNING AND BEHAVIOR IN RELATIONSHIP TO BRAIN 17 FUNCTION TO DETERMINE WHETHER AN ATHLETE HAS RECOVERED FROM A TRAUMATIC 18 BRAIN INJURY. 19 2. EACH SCHOOL DISTRICT SHALL IMPLEMENT A NEUROCOGNITIVE TESTING 20 PROGRAM FOR ALL ATHLETES PARTICIPATING IN A CONTACT SPORT AND SHALL 21 INCLUDE: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07508-03-1 A. 5188 2 1 A. A VALID BASELINE NEUROCOGNITIVE ASSESSMENT CONDUCTED PRIOR TO 2 PARTICIPATION IN THE SPORT. THE BASELINE TESTING WILL BE PERFORMED 3 EITHER THROUGH A CONCUSSION MANAGEMENT PROFESSIONAL OR NEUROCOGNITIVE 4 ASSESSMENT TOOL. A BASELINE TESTING ASSESSMENT FOR AN ATHLETE SHALL BE 5 VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE OF THE ASSESSMENT; AND 6 B. A POST-INJURY NEUROCOGNITIVE TESTING CONDUCTED AFTER AN ATHLETE 7 SUFFERS ANY CONCUSSION OR TRAUMATIC HEAD INJURY. 8 3. A. ANY HIGH SCHOOL ATHLETE WHO IS SUSPECTED OF SUSTAINING A CONCUS- 9 SION OR TRAUMATIC HEAD INJURY DURING PRACTICE OR COMPETITION MUST BE 10 REMOVED FROM THE PRACTICE OR GAME IMMEDIATELY FOLLOWING THE INJURY. 11 B. AN ATHLETE WHO HAS BEEN REMOVED FROM A COMPETITION OR PRACTICE DUE 12 TO A SUSPECTED HEAD INJURY SHALL NOT RETURN TO PLAY: 13 (1) UNLESS THE ATHLETE HAS UNDERGONE AND SUCCESSFULLY COMPLETED A 14 POST-INJURY NEUROCOGNITIVE TEST AS DESCRIBED IN SUBDIVISION TWO OF THIS 15 SECTION; AND 16 (2) AFTER THE ATHLETE HAS SUCCESSFULLY COMPLETED A NEUROCOGNITIVE 17 TEST, A LICENSED HEALTH CARE PROFESSIONAL HAS EVALUATED THE ATHLETE AND 18 HAS GIVEN WRITTEN PERMISSION TO RESUME SPORTS ACTIVITY. 19 C. A RECORD OF ALL CONCUSSIONS OR TRAUMATIC HEAD INJURIES SUFFERED BY 20 A HIGH SCHOOL ATHLETE SHALL BE KEPT WITH THE SCHOOL'S NURSE. 21 S 3001-F. CONCUSSION AND HEAD INJURY TRAINING FOR COACHES OF 22 EXTRA-CLASS PUBLIC SCHOOL CONTACT ATHLETIC ACTIVITIES. 1. THE BOARD OF 23 EDUCATION SHALL DEVELOP AN APPROVED LIST OF TRAINING COURSES REGARDING 24 RECOGNITION AND MANAGEMENT OF CONCUSSIONS AND TRAUMATIC HEAD INJURIES. 25 2. PERSONS EMPLOYED IN PUBLIC SCHOOLS AS COACHES OF A CONTACT SPORT, 26 AS DEFINED IN SECTION THREE THOUSAND ONE-E OF THIS ARTICLE, SHALL 27 COMPLETE AN APPROVED TRAINING COURSE AS PROVIDED IN SUBDIVISION ONE OF 28 THIS SECTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN; PROVIDED, 29 HOWEVER, THAT THE COMMISSIONER SHALL HAVE THE AUTHORITY TO ESTABLISH BY 30 RULE OR REGULATION AN ADDITIONAL TIME SCHEDULE FOR COMPLIANCE WITH THIS 31 SECTION. ALL PUBLIC SCHOOL COACHES SHALL COMPLETE AN ADDITIONAL TRAINING 32 COURSE NO LONGER THAN FIVE YEARS LATER THAN THE INITIAL TRAINING. 33 S 3. This act shall take effect July 1, 2012 and shall apply to all 34 school years commencing on or after such date; provided that effective 35 immediately, the commissioner of education is authorized and directed to 36 promulgate all rules and regulations and take all actions necessary to 37 implement the provisions of this act on or before its effective date.