Bill Text: NY S07161 | 2009-2010 | General Assembly | Introduced

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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

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                           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.