New Jersey-2024-A779-Introduced

An Act concerning baseline concussion testing for student-athletes and cheerleaders and amending P.L.2010, c.94.

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

1. Section 2 of P.L.2010, c.94 (C.18A:40-41.2) is amended to read as follows:

2. a. The Department of Education shall work to develop and implement [, by the 2011-2012 school year,] an athletic head injury safety training program. The program shall be completed by a school physician, a person who coaches a public school district or nonpublic school interscholastic sport, intramural sport, or cheerleading program, and an athletic trainer involved in a public or nonpublic school interscholastic sports program, intramural sports program, or cheerleading program. The safety training program shall include, but need not be limited to, the following:

(1) the recognition of the symptoms of head and neck injuries, concussions, and injuries related to second-impact syndrome; [and]

(2) the appropriate amount of time to delay the return to competition or practice of a student-athlete or cheerleader who has sustained a concussion or other head injury; and

(3) the appropriate use of annual baseline concussion testing for student-athletes and cheerleaders enrolled in grades six through 12.

b. (1) The department shall update the safety training program as necessary to ensure that it reflects the most current information available on the nature, risk, and treatment of sports-related concussions and other head injuries.

(2) On or before the July 1 of the next full school year following the date of enactment of P.L. , c. (pending before the Legislature as this bill), the department shall update the athletic head injury safety training program to incorporate materials concerning the appropriate use of annual baseline concussion testing for student-athletes and cheerleaders enrolled in grades six through 12.

c. The department shall develop an educational fact sheet that provides information about sports-related concussions and other head injuries. A school district or a nonpublic school that participates in an interscholastic sports program, intramural sports program, or cheerleading program shall distribute the educational fact sheet annually to the parents or guardians of student-athletes and cheerleaders and shall obtain a signed acknowledgment of the receipt of the fact sheet by the student-athlete or cheerleader and his parent or guardian.

d. As used in P.L.2010, c.94 (C.18A:40-41.1 et seq.) [, "student-athlete"] :

"Baseline concussion testing" means the use of a neurocognitive exam, conducted by an athletic trainer or school physician before the beginning of an athletic season, to assess the pre-symptomatic brain functions of a student-athlete or cheerleader, the results of which are used to diagnose the concussion-related symptoms of the student-athlete or cheerleader.

"Student-athlete" means any student enrolled in a public or nonpublic school in this State who is a participant in an interscholastic sports program or intramural sports program organized by the school.

(cf: P.L.2017, c.105, s.1)

2. Section 3 of P.L.2010, c.94 (C.18A:40-41.3) is amended to read as follows:

3. a. Each school district shall develop a written policy concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes and cheerleaders. The policy shall include, but need not be limited to, the use of annual baseline concussion testing for every student-athlete and cheerleader enrolled in grades six through 12, and the procedure to be followed when it is suspected that a student-athlete or cheerleader has sustained a concussion or other head injury. When developing the district policy, a school district shall review the model policy established by the Commissioner of Education pursuant to subsection b. of this section, the policies established by the New Jersey State Interscholastic Athletic Association, the National Collegiate Athletic Association, and the recommendations made by the Brain Injury Association of New Jersey Concussion in Sports Steering Committee, the Athletic Trainers' Society of New Jersey, and other organizations with expertise in the area of preventing or treating sports-related concussions and other head injuries among student-athletes and cheerleaders. Each school district shall implement the policy by the 2011-2012 school year, except that each school district shall implement a revised policy, on or before July 1 of the next full school year following the date of enactment of P.L. , c. (pending before the Legislature as this bill), to incorporate the use of annual baseline concussion testing for every student-athlete and cheerleader enrolled in grades six through 12.

The policy shall be reviewed annually, and updated as necessary, by the district to ensure that it reflects the most current information available on the prevention, risk, and treatment of sports-related concussions and other head injuries.

b. To assist school districts in developing policies concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes and cheerleaders, the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12. This model policy shall be issued no later than March 31, 2011, except that this model policy shall be revised, no later than three months prior to July 1 of the next full school year following the date of enactment of P.L. , c. (pending before the Legislature as this bill), to incorporate the use of annual baseline concussion testing for every student-athlete and cheerleader enrolled in grades six through 12.

(cf: P.L.2011, c.168, s.2)

3. Section 4 of P.L.2010, c.94 (C.18A:40-41.4) is amended to read as follows:

4. A student who participates in an interscholastic sports program, intramural sports program, or cheerleading program and who sustains or is suspected of having sustained a concussion or other head injury while engaged in a competition or practice shall be immediately removed from the competition or practice. A student-athlete or cheerleader who is removed from competition or practice shall not participate in further sports or cheerleading activity until he is evaluated by a physician or other licensed healthcare provider trained in the evaluation and management of concussions, and receives written clearance from a physician trained in the evaluation and management of concussions to return to competition or practice. When evaluating a student-athlete or cheerleader enrolled in grades six through 12, the physician or other licensed healthcare provider shall consider the results of the most recent baseline concussion test completed by the student-athlete or cheerleader.

(cf: P.L.2017, c.105, s.2)

4. Section 6 of P.L.2010, c.94 (C.45:9-37.48a) is amended to read as follows:

6. a. The State Board of Medical Examiners shall require each person licensed as an athletic trainer, as a condition for biennial license renewal pursuant to section 14 of P.L.1984, c.203 (C.45:9-37.48), to complete 24 credits of continuing athletic trainer education, which shall include a specific number of credits of instruction on topics related to concussions and head injuries, including but not limited to the use of baseline concussion testing, as determined by the State Board of Medical Examiners.

b. The board shall:

(1) establish standards for continuing athletic trainer education, including the subject matter and content of courses of study; and

(2) accredit education programs offering credit toward continuing athletic trainer education requirements or recognize national or State organizations that may accredit education programs.

c. Each hour of an educational course or program shall be equivalent to one credit of continuing athletic trainer education.

d. The board may, in its discretion, waive requirements for continuing athletic trainer education on an individual basis for reasons of hardship such as illness or disability, retirement of license, or other good cause. A waiver shall apply only to the current biennial renewal period at the time of board issuance.

e. The board shall not require completion of continuing athletic trainer education credits for any licensure period commencing within 12 months of the effective date of this section.

f. The board shall require completion of athletic trainer education credits on a pro-rated basis for any registration period commencing more than 12 months but less than 24 months from the effective date of this section.

g. Prior to license renewal, each licensee shall submit to the board proof of completion of the required number of hours of continuing athletic trainer education.

(cf: P.L.2010, c.94, s.6)

5. This act shall take effect immediately.

STATEMENT

This bill requires the use of annual baseline concussion testing for student-athletes and cheerleaders who are enrolled in grades six through 12 and participate in a school organized athletic program.

In December 2010, the State enacted P.L.2010, c.94 (C.18A:40-41.1 et al.) to address the issue of sports-related concussions among student-athletes in grades kindergarten through 12. Under this law, each school district is required to develop a written policy concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes and cheerleaders. The law also requires the Department of Education (DOE) to develop: (1) an athletic head injury safety training program for school physicians, athletic coaches, and athletic trainers; and (2) a model policy, applicable to grades kindergarten through 12, on which a school district can base its written concussion policy.

This bill amends P.L.2010, c.94 (C.18A:40-41.1 et al.) to require the use of annual baseline concussion testing for student-athletes and cheerleaders enrolled in grades six through 12. Specifically, the bill requires each school district to revise its written concussion policy, on or before July 1 of the first full school year following the date of enactment, to incorporate the use of annual baseline concussion testing for these student-athletes and cheerleaders. Under the bill, the DOE would also be required to update the athletic head injury safety training program and the model policy, respectively, to incorporate the use of annual baseline concussion testing.

As defined in the bill, "baseline concussion testing" means the use of a neurocognitive exam, conducted by an athletic trainer or school physician before the beginning of an athletic season, to assess the pre-symptomatic brain functions of a student-athlete or cheerleader, the results of which are used to diagnose the concussion-related symptoms of the student-athlete or cheerleader.

The bill also requires the results of a baseline concussion test to be considered before the student-athlete or cheerleader receives clearance to return to competition or practice. Currently, if a student-athlete or cheerleader is suspected of having sustained a concussion while engaged in a competition or practice, then the student may only resume athletic participation after being evaluated by a physician or other licensed healthcare provider who is trained in the evaluation and management of concussions and receiving written clearance from a physician with this training. Under the bill, the physician or healthcare provider would be required to consider the results of the student-athlete or cheerleader's most recent baseline concussion test when conducting this evaluation.

Additionally, the bill requires the existing continuing education requirements for licensed athletic trainers to include instructions concerning the use of baseline concussion testing. Under current law, licensed athletic trainers are required to complete 24 hours of continuing athletic trainer education as a condition for biennial license renewal.