Bill Text: NY A06685 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the commissioner of labor, in conjunction with the commissioner of health, to establish nationally recognized evidence based treatment guidelines for professional sporting team members who suffer concussions; requires all New York state professional sporting teams to sign an affidavit certifying adoption of New York state evidence based treatment guidelines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to labor [A06685 Detail]

Download: New_York-2013-A06685-Introduced.html

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                           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
                                      ___________
       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:
    1    Section 1. Section 21 of the labor law is amended by adding three  new
    2  subdivisions 14, 15 and 16 to read as follows:
    3    14.  (A)  SHALL REQUIRE ALL PROFESSIONAL SPORTING TEAMS LOCATED IN NEW
    4  YORK STATE THAT HAVE ATHLETES PERFORM IN ANY SPORT IN THE STATE, INCLUD-
    5  ING BUT NOT LIMITED TO, BASKETBALL, BASEBALL, FOOTBALL, SOCCER AND HOCK-
    6  EY, TO SUBMIT A SIGNED AFFIDAVIT CERTIFYING  THAT  SUCH  SPORTING  TEAMS
    7  HAVE  ADOPTED  THE  NEW  YORK  STATE EVIDENCE BASED TREATMENT GUIDELINES
    8  PURSUANT TO STANDARDS  SET  FORTH  BY  THE  INSTITUTE  OF  MEDICINE  FOR
    9  ATHLETES WHO SUFFER MILD TRAUMATIC BRAIN INJURIES, ALSO REFERRED TO AS A
   10  "CONCUSSION,"  WHILE  RECEIVING  INSTRUCTION  OR ENGAGING IN ANY TEAM OR
   11  INDIVIDUALLY SPONSORED OR RELATED ACTIVITY.
   12    (B) SUCH CERTIFICATION SHALL BE FILED ON A SEMI-ANNUAL BASIS WITH  THE
   13  COMMISSIONER.  THE  COMMISSIONER  SHALL PROMULGATE RULES AND REGULATIONS
   14  PRESCRIBING THE FORM AND MANNER IN WHICH  SUCH  CERTIFICATION  SHALL  BE
   15  MADE.
   16    (C)  ANY TEAM OR INDIVIDUAL WHO FAILS TO SUBMIT SUCH CERTIFICATION MAY
   17  BE PROHIBITED FROM PERFORMING AT A PROFESSIONAL SPORTING EVENT OR  EXHI-
   18  BITION IN NEW YORK STATE.
   19    15.  SHALL,  IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, DESIGNATE
   20  NATIONALLY RECOGNIZED EVIDENCE BASED TREATMENT GUIDELINES  FOR  ATHLETES
   21  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
    1  SION." WHEN DESIGNATING SUCH GUIDELINES, THE COMMISSIONER SHALL CONSIDER
    2  ANY  COMMENTS  REGARDING  SUCH  GUIDELINES  FROM  STAKEHOLDERS AND OTHER
    3  INTERESTED PARTIES, INCLUDING BUT NOT LIMITED  TO,  PROFESSIONAL  PLAYER
    4  ASSOCIATIONS, PROFESSIONAL SPORTS LEAGUE TEAMS AND AMATEUR SPORTS TEAMS.
    5    16. SHALL MAKE A RECORD OF ANY FILED CERTIFICATION, AS PROVIDED PURSU-
    6  ANT  TO SUBDIVISION FOURTEEN OF THIS SECTION, AVAILABLE TO THE PUBLIC IN
    7  A FORM AND MANNER TO BE DETERMINED BY THE COMMISSIONER.
    8    S 2. The commissioner of labor is hereby authorized to promulgate  all
    9  rules and regulations necessary to designate treatment guidelines and to
   10  implement a certification process as set forth in subdivisions 14 and 15
   11  of section 21 of the labor law.
   12    S 3. This act shall take effect on the one hundred eightieth day after
   13  it shall have become a law; provided, however, that effective immediate-
   14  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   15  necessary for the implementation of this act on its effective  date  are
   16  authorized  and  directed  to  be  made  and completed on or before such
   17  effective date.