New Jersey-2010-A2441-Introduced

An Act concerning the health of student-athletes and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull and disrupts the normal functioning of the brain;

b. The federal Centers for Disease Control and Prevention estimates that 300,000 concussions are sustained during sport-related activity in the United States, and that sports are second only to motor vehicle accidents as the cause of brain injuries for 15 to 24 year olds;

c. Although concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities, little effort and resources have been committed to inform athletes, coaches, and parents and guardians about the causes and symptoms of concussions;

d. The risk of catastrophic injury or death is significant when a concussion or other head injury is not properly evaluated and managed, and allowing a student-athlete to prematurely engage in athletic activity after he has suffered a concussion or head injury leaves the young athlete particularly vulnerable to greater injury and even death;

e. In order to ensure the safety of student-athletes, it is imperative that athletes, coaches, and parents and guardians are informed of the nature and risk of concussions and other sports-related head injuries, and that necessary precautions are taken to prevent further injury to those student-athletes who have suffered a head injury.

2. a. The Commissioner of Education, in consultation with the Commissioner of Health and Senior Services and the Executive Director of the New Jersey State Interscholastic Athletic Association, shall develop guidelines concerning the nature, risk, and treatment of sports-related concussions and other head injuries among student-athletes. The guidelines shall include, but need not be limited to, information concerning the treatment of sports-related concussions and other head injuries, and the appropriate amount of time to delay the return to sports competition or practice of a student-athlete who has sustained a concussion or other head injury. The guidelines shall be reviewed annually, and shall be updated as necessary to ensure that they reflect the most current information available on the nature, risk, and treatment of sports-related concussions and other head injuries.

b. The Commissioner of Education, in consultation with the Commissioner of Health and Senior Services and the Executive Director of the New Jersey State Interscholastic Athletic Association, shall develop an educational fact sheet that provides information about sports-related concussions and other head injuries. The educational fact sheet shall include, but need not be limited to:

(1) information concerning the most effective means of preventing concussions and other head injuries to ensure the safety of student-athletes;

(2) information concerning the appropriate amount of time to delay the return to sports competition or practice of an athlete who has sustained a concussion or other head injury;

(3) information identifying the signs and symptoms indicative of concussions and other head injuries; and

(4) information concerning the short and long-term dangers of concussions and other head injuries.

c. The Commissioner of Education shall annually distribute the guidelines and educational fact sheet to all school districts in the State. The commissioner shall update the educational fact sheet as necessary, and shall make copies available to nonpublic schools upon request and to the New Jersey State Interscholastic Athletic Association for distribution to its member schools.

d. A school district shall distribute the educational fact sheet annually to the parents or guardians of student-athletes and shall obtain a signed acknowledgment of the receipt of the fact sheet by the student-athlete and his parent or guardian.

3. A student-athlete who sustains or is suspected of having sustained a concussion or other head injury while engaged in a sports competition or practice shall be immediately removed from the sports competition or practice. A student-athlete who is removed from competition or practice shall not participate in further sports activity until he is evaluated by a physician, and receives written clearance from that physician to return to competition or practice.

4. This act shall take effect immediately.

STATEMENT

This bill requires the Commissioner of Education, in consultation with the Commissioner of Health and Senior Services and the Executive Director of the New Jersey State Interscholastic Athletic Association, to develop guidelines concerning the nature, risk, and treatment of sports-related concussions and other head injuries among student-athletes. The guidelines will include, but need not be limited to, information concerning treatment of sports-related concussions and other head injuries, and the appropriate amount of time to delay the return to sports competition or practice of a student-athlete who has sustained a concussion or other head injury.

This bill also requires the Commissioner of Education, in consultation with the Commissioner of Health and Senior Services and the Executive Director of the New Jersey State Interscholastic Athletic Association, to develop an educational fact sheet that provides information about sports-related concussions and other head injuries. The educational fact sheet will include, but need not be limited to:

- information concerning the most effective means of preventing concussions and other head injuries to ensure the safety of student-athletes;

- information concerning the appropriate amount of time to delay the return to sports competition or practice of an athlete who has sustained a concussion or other head injury;

- information identifying the signs and symptoms indicative of concussions and other head injuries; and

- information concerning the short and long-term dangers of concussions and other head injuries.

Under the bill, a school district will distribute the educational fact sheet annually to the parents or guardians of student-athletes and will obtain a signed acknowledgment of the receipt of the fact sheet by the student-athlete and his parent or guardian.

According to the bill, a student-athlete who sustains or is suspected of having sustained a concussion or other head injury while engaged in a sports competition or practice will be immediately removed from the sports competition or practice. A student-athlete who is removed from the competition or practice will not be able to participate in further sports activity until the athlete is evaluated by a physician, and receives written clearance by that physician to return to competition or practice.