Bill Text: NY S07161 | 2009-2010 | General Assembly | Introduced
Bill Title: Directs the commissioner of education to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries; such rules and regulations shall apply to school districts, boards of cooperative educational services and nonpublic schools; requires provisions of information pamphlet on mild traumatic brain injuries to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury; requires written consent of and acknowledgment of receipt of such pamphlet by pupil and parents prior to participation in interscholastic sports; limits liability of school districts and not-for-profit youth athletic programs for injuries and death from participation in sports program.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-03-18 - REFERRED TO EDUCATION [S07161 Detail]
Download: New_York-2009-S07161-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7161
I N S E N A T E
March 18, 2010
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to directing the commis-
sioner of education to establish rules and regulations for the treat-
ment and monitoring of students of school districts, boards of cooper-
ative educational services and nonpublic schools who suffer mild
traumatic brain injuries; and to amend the general obligations law, in
relation to liability for youth athletic activities and authorizing
youth athletic leagues to adopt such rules and regulations for the
treatment and monitoring of athletes who suffer mild traumatic brain
injuries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 305 of the education law is amended by adding a new
2 subdivision 42 to read as follows:
3 42. A. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE
4 ADVISORY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH B OF THIS SUBDIVI-
5 SION, SHALL:
6 (I) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
7 ESTABLISHING THE MINIMUM STANDARDS FOR ALL SCHOOL DISTRICTS, BOARDS OF
8 COOPERATIVE EDUCATIONAL SERVICES AND NONPUBLIC SCHOOLS RELATING TO THE
9 TREATMENT AND MONITORING OF PUPILS WHO SUFFER MILD TRAUMATIC BRAIN INJU-
10 RIES, ALSO REFERRED TO AS "CONCUSSIONS", WHILE RECEIVING INSTRUCTION OR
11 ENGAGING IN ANY SCHOOL SPONSORED OR RELATED ACTIVITY. SUCH RULES AND
12 REGULATIONS SHALL PROVIDE FOR THE APPROPRIATE LEVEL OF MONITORING THE
13 CONDITION, BOTH MENTAL AND PHYSICAL, OF EVERY PUPIL WHO HAS SUFFERED A
14 MILD TRAUMATIC BRAIN INJURY, AND PROVIDE APPROPRIATE RESTRICTIONS ON
15 PARTICIPATION IN ATHLETIC ACTIVITIES BY SUCH PUPILS, INCLUDING, BUT NOT
16 LIMITED TO, THE EXAMINATION BY AND WRITTEN APPROVAL OF THE CHIEF MEDICAL
17 OFFICER OF THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
18 SERVICES OR NONPUBLIC SCHOOL PRIOR TO THE RESUMPTION OF ATHLETIC ACTIV-
19 ITIES BY A PUPIL WHO HAS SUFFERED A MILD TRAUMATIC BRAIN INJURY. ALL
20 RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBPARAGRAPH SHALL,
21 AT A MINIMUM, BE CONSISTENT AND COMPLY WITH THE BASELINE GUIDELINES FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15680-02-0
S. 7161 2
1 MILD TRAUMATIC BRAIN INJURIES ESTABLISHED BY THE CENTERS FOR DISEASE
2 CONTROL AND PREVENTION OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
3 SERVICES;
4 (II) PROMULGATE AND DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF
5 COOPERATIVE EDUCATIONAL SERVICES AND NONPUBLIC SCHOOLS AN INFORMATION
6 PAMPHLET TO EDUCATE COACHES, PUPILS PARTICIPATING IN INTERSCHOLASTIC
7 SPORTS, PUPILS WHO HAVE SUFFERED MILD TRAUMATIC BRAIN INJURIES AND
8 PERSONS IN PARENTAL RELATION TO A PUPIL ON THE NATURE AND RISKS OF MILD
9 TRAUMATIC BRAIN INJURIES. A COPY OF SUCH PAMPHLET SHALL BE PROVIDED TO
10 EVERY TEACHER OF PHYSICAL EDUCATION, COACH OF INTERSCHOLASTIC TEAMS,
11 EVERY INTERSCHOLASTIC STUDENT-ATHLETE, EVERY PUPIL WHO SUFFERS A MILD
12 TRAUMATIC BRAIN INJURY AND THE PERSON IN PARENTAL RELATION TO EACH PUPIL
13 WHO PARTICIPATES IN AN INTERSCHOLASTIC SPORT OR HAS SUFFERED A MILD
14 TRAUMATIC BRAIN INJURY; AND
15 (III) PROMULGATE AND DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF
16 COOPERATIVE EDUCATIONAL SERVICES AND NONPUBLIC SCHOOLS A FORM WHICH
17 ATTESTS TO RECEIPT OF THE PAMPHLET ESTABLISHED PURSUANT TO SUBPARAGRAPH
18 (II) OF THIS PARAGRAPH AND THAT THE SIGNATORS HAVE READ AND UNDERSTAND
19 THE NATURE AND RISKS OF MILD TRAUMATIC BRAIN INJURIES. NO PUPIL SHALL
20 PRACTICE FOR OR ENGAGE IN INTERSCHOLASTIC SPORTS UNTIL SUCH PUPIL AND
21 THE PERSON IN PARENTAL RELATION TO HIM OR HER HAVE SIGNED SUCH FORM.
22 B. THERE SHALL BE ESTABLISHED, WITHIN THIRTY DAYS OF THE EFFECTIVE
23 DATE OF THIS SUBDIVISION, AN ADVISORY COMMITTEE TO THE COMMISSIONER.
24 SUCH COMMITTEE SHALL BE COMPOSED OF THREE MEMBERS, WITH TWO MEMBERS
25 APPOINTED BY THE COMMISSIONER AND ONE MEMBER APPOINTED BY THE COMMIS-
26 SIONER OF HEALTH. ONE OF THE MEMBERS APPOINTED BY THE COMMISSIONER SHALL
27 BE AN ATHLETIC DIRECTOR OF A SCHOOL DISTRICT IN THIS STATE. ALL MEMBERS
28 OF THE COMMITTEE SHALL HAVE KNOWLEDGE OF THE NATURE AND RISKS OF MILD
29 TRAUMATIC BRAIN INJURY.
30 C. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION
31 SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
32 BY EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
33 NONPUBLIC SCHOOL RELATING TO MILD TRAUMATIC BRAIN INJURIES. NOTHING IN
34 THIS SUBDIVISION SHALL PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPER-
35 ATIVE EDUCATIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLE-
36 MENTING MORE STRINGENT STANDARDS.
37 S 2. Section 901 of the education law is amended by adding a new
38 subdivision 3 to read as follows:
39 3. THE HEAD HEALTH CARE PROFESSIONAL IN EACH SCHOOL DISTRICT SHALL
40 ENSURE IMPLEMENTATION OF THE RULES AND REGULATIONS RELATING TO MILD
41 TRAUMATIC BRAIN INJURIES ESTABLISHED PURSUANT TO SUBDIVISION FORTY-TWO
42 OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
43 S 3. Article 9 of the general obligations law is amended by adding a
44 new title 3 to read as follows:
45 TITLE 3
46 LIABILITY FOR YOUTH ATHLETIC
47 PROGRAMS
48 SECTION 9-301. LIABILITY OF SCHOOL DISTRICTS AND NOT-FOR-PROFIT YOUTH
49 SPORTS PROGRAMS FOR ATHLETICS.
50 S 9-301. LIABILITY OF SCHOOL DISTRICTS AND NOT-FOR-PROFIT YOUTH SPORTS
51 PROGRAMS FOR ATHLETICS. 1. A SCHOOL DISTRICT OR NOT-FOR-PROFIT YOUTH
52 SPORTS PROGRAM SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH OF A
53 PERSON DUE TO ACTION OR INACTION OF ANY OTHER PERSON EMPLOYED BY, VOLUN-
54 TEERING WITH OR UNDER CONTRACT WITH SUCH NOT-FOR-PROFIT YOUTH PROGRAM
55 IF:
S. 7161 3
1 A. THE ACTION OR INACTION TAKES PLACE ON SCHOOL DISTRICT PROPERTY
2 DURING THE DELIVERY OF SERVICE BY THE NOT-FOR-PROFIT YOUTH SPORTS
3 PROGRAM;
4 B. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES PROOF OF BEING
5 INSURED UNDER AN ACCIDENT AND LIABILITY POLICY FROM AN INSURER AUTHOR-
6 IZED TO DO BUSINESS IN THIS STATE, THAT COVERS ANY PERSONAL INJURY OR
7 DEATH ARISING FROM DELIVERY OF SERVICES. SUCH COVERAGE SHALL BE NOT LESS
8 THAN FIFTY THOUSAND DOLLARS DUE TO BODILY INJURY OR DEATH TO ANY SINGLE
9 PERSON, AND NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS DUE TO BODILY
10 INJURY OR DEATH TO TWO OR MORE PERSONS IN ANY SINGLE INCIDENT; AND
11 C. THE NOT-FOR-PROFIT YOUTH SPORTS PROGRAM PROVIDES SUCH PROOF OF
12 INSURANCE TO THE SCHOOL DISTRICT PRIOR TO USING THE FACILITIES OF SUCH
13 DISTRICT.
14 2. FOR THE PURPOSES OF THIS SECTION, "YOUTH SPORTS PROGRAM" MEANS ANY
15 PROGRAM ORGANIZED FOR RECREATIONAL ATHLETIC COMPETITION AND/OR INSTRUC-
16 TION AND THE PARTICIPANTS IN WHICH ARE (A) NINETEEN YEARS OLD OR YOUNG-
17 ER, OR (B) PHYSICALLY OR MENTALLY DISABLED, REGARDLESS OF AGE.
18 3. ANY NOT-FOR-PROFIT YOUTH SPORTS PROGRAM MAY ADOPT AND IMPLEMENT THE
19 STANDARDS AND REQUIREMENTS FOR MILD TRAUMATIC BRAIN INJURIES, ESTAB-
20 LISHED BY THE COMMISSIONER OF EDUCATION PURSUANT TO SUBDIVISION
21 FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW. NOTHING IN
22 THIS TITLE SHALL BE DEEMED TO PROHIBIT THE ADOPTION AND IMPLEMENTATION
23 OF STANDARDS WHICH ARE MORE STRINGENT.
24 S 4. This act shall take effect on the first of July next succeeding
25 the date on which it shall have become a law; provided, that, effective
26 immediately, any rules and regulations necessary to implement the
27 provisions of this act on its effective date are authorized and directed
28 to be completed on or before such date.
