Bill Text: NY A01747 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires neurocognitive 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: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A01747 Detail]

Download: New_York-2013-A01747-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1747--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. ZEBROWSKI, COLTON, JAFFEE, LAVINE, WEPRIN, MILL-
         MAN, BRAUNSTEIN -- Multi-Sponsored by -- M. of A. TITONE -- read  once
         and  referred  to  the Committee on Education -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       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
         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 a new section 3001-e to
    4  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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00452-02-3
       A. 1747--A                          2
    1    2. EACH SCHOOL  DISTRICT  SHALL  IMPLEMENT  A  NEUROCOGNITIVE  TESTING
    2  PROGRAM  FOR  ALL  ATHLETES  PARTICIPATING  IN A CONTACT SPORT AND SHALL
    3  INCLUDE:
    4    A.  A  VALID  BASELINE  NEUROCOGNITIVE  ASSESSMENT  CONDUCTED PRIOR TO
    5  PARTICIPATION IN THE SPORT.  THE  BASELINE  TESTING  WILL  BE  PERFORMED
    6  EITHER  THROUGH  A  CONCUSSION MANAGEMENT PROFESSIONAL OR NEUROCOGNITIVE
    7  ASSESSMENT TOOL. A BASELINE TESTING ASSESSMENT FOR AN ATHLETE  SHALL  BE
    8  VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE OF THE ASSESSMENT; AND
    9    B.  A  POST-INJURY  NEUROCOGNITIVE  TESTING CONDUCTED AFTER AN ATHLETE
   10  SUFFERS ANY CONCUSSION OR TRAUMATIC HEAD INJURY.
   11    3. A. ANY HIGH SCHOOL ATHLETE WHO IS SUSPECTED OF SUSTAINING A CONCUS-
   12  SION OR TRAUMATIC HEAD INJURY DURING PRACTICE  OR  COMPETITION  MUST  BE
   13  REMOVED FROM THE PRACTICE OR GAME IMMEDIATELY FOLLOWING THE INJURY.
   14    B.  AN ATHLETE WHO HAS BEEN REMOVED FROM A COMPETITION OR PRACTICE DUE
   15  TO A SUSPECTED HEAD INJURY SHALL NOT RETURN TO PLAY:
   16    (1) UNLESS THE ATHLETE HAS  UNDERGONE  AND  SUCCESSFULLY  COMPLETED  A
   17  POST-INJURY  NEUROCOGNITIVE TEST AS DESCRIBED IN SUBDIVISION TWO OF THIS
   18  SECTION; AND
   19    (2) AFTER THE ATHLETE  HAS  SUCCESSFULLY  COMPLETED  A  NEUROCOGNITIVE
   20  TEST,  A LICENSED HEALTH CARE PROFESSIONAL HAS EVALUATED THE ATHLETE AND
   21  HAS GIVEN WRITTEN PERMISSION TO RESUME SPORTS ACTIVITY.
   22    C. A RECORD OF ALL CONCUSSIONS OR TRAUMATIC HEAD INJURIES SUFFERED  BY
   23  A HIGH SCHOOL ATHLETE SHALL BE KEPT WITH THE SCHOOL'S NURSE.
   24    S  3.  This  act shall take effect July 1, 2014 and shall apply to all
   25  school years commencing on or after such date; provided  that  effective
   26  immediately, the commissioner of education is authorized and directed to
   27  promulgate  all  rules and regulations and take all actions necessary to
   28  implement the provisions of this act on or before its effective date.