Bill Text: CA AB2182 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School athletics: neurocognitive testing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB2182 Detail]

Download: California-2015-AB2182-Introduced.html
BILL NUMBER: AB 2182	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 18, 2016

   An act to amend Section 49475 of the Education Code, relating to
school athletics.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2182, as introduced, Mullin. School athletics: neurocognitive
testing.
   (1) Existing law requires a school district, charter school, or
private school, if it offers an athletic program, to immediately
remove an athlete from an athletic activity for the remainder of the
day if the athlete is suspected of sustaining a concussion or head
injury, and prohibits the athlete from returning to the athletic
activity until the athlete is evaluated by a licensed health care
provider, trained in the management of concussions and acting within
the scope of his or her practice, and the athlete receives written
clearance from the licensed health care provider to return to the
athletic activity. Existing law also requires, on a yearly basis, a
concussion and head injury information sheet to be signed and
returned by the athlete and athlete's parent or guardian before the
athlete initiates practice or competition.
   Existing law further provides that, if a licensed health care
provider determines that the athlete sustained a concussion or a head
injury, the athlete is required to complete a graduated
return-to-play protocol of no less than 7 days in duration under the
supervision of a licensed health care provider.
   This bill would express legislative findings and declarations
relating to concussions or traumatic injuries sustained by pupils
participating in high school interscholastic athletics and the value
of neurocognitive testing.
   The bill would require a school district, charter school, or
private school that offers an athletic program to provide
neurocognitive testing, as defined, for pupils who participate in
interscholastic athletics. The bill would require this testing to
take place at the beginning of an athletic season before any
competitions have taken place and after any head injury.
   The bill would require a school district, charter school, or
private school that offers an athletic program to collect and
maintain data on traumatic brain injuries and concussions sustained
by any of its pupils during an athletic competition. The bill would
require that this data be reported periodically to the appropriate
county office of education and would require the county office of
education to compile and retain the data for summary and analysis. By
imposing new duties on county offices of education, the bill would
impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The California Interscholastic Federation (CIF), California's
governing body for high school sports, requires that if it is
suspected that a pupil has sustained a concussion or traumatic brain
injury in an athletic competition the pupil must be removed from
competition immediately and required to receive written clearance
from a physician before returning to competition.
   (b) Section 49475 of the Education Code, as it was amended by
Assembly Bill 2127 of the 2013-14 Regular Session of the Legislature
effective January 1, 2015, provides that a pupil athlete who has been
diagnosed with a concussion cannot return to play sooner than seven
days after having been evaluated and diagnosed by a physician.
   (c) The value of neurocognitive testing is that it establishes a
baseline of each athlete's normal neurocognitive functioning before
beginning athletic activity. By establishing this baseline, an
athlete with a suspected head injury can then be retested to help
assess the degree of injury.
   (d) Following any kind of head injury, athletes retake the test
and have the results judged against the baseline test. This is
especially important when an athlete experiences numerous hits to the
head.
  SEC. 2.  Section 49475 of the Education Code is amended to read:
   49475.  (a) If a school district, charter school, or private
school elects to offer an athletic program, the school district,
charter school, or private school shall comply with  both
  all  of the following: 
   (1) The school district, charter school, or private school to
which this section is applicable shall provide neurocognitive testing
for pupils who participate in interscholastic athletics. This
testing shall take place at the beginning of an athletic season
before any competitions have taken place and after any head injury.
 
   (1) 
    (   2)   (A)    An athlete
who is suspected of sustaining a concussion or head injury in an
athletic activity shall be immediately removed from the athletic
activity for the remainder of the day, and shall not be permitted to
return to the athletic activity until he or she is evaluated by a
licensed health care provider. The athlete shall not be permitted to
return to the athletic activity until he or she receives written
clearance to return to the athletic activity from a licensed health
care provider. If the licensed health care provider determines that
the athlete sustained a concussion or a head injury, the athlete
shall also complete a graduated return-to-play protocol of no less
than seven days in duration under the supervision of a licensed
health care provider. The California Interscholastic Federation is
urged to work in consultation with the American Academy of Pediatrics
and the American Medical Society for Sports Medicine to develop and
adopt rules and protocols to implement this paragraph. 
   (B) A school district, charter school, or private school to which
this section is applicable shall collect and maintain data on
traumatic brain injuries and concussions sustained by any of its
pupils during an athletic competition. This data shall be reported
periodically to the appropriate county office of education, but the
names of the injured pupils shall be kept confidential. The county
office of education shall compile and retain the data for summary and
analysis.  
   (2) 
    (   3)  On a yearly basis, a concussion and
head injury information sheet shall be signed and returned by the
athlete and the athlete's parent or guardian before the athlete
initiates practice or competition.
   (b) As used in this  section, "licensed  
section, the following terms have the following meanings: 
    (1)     "   Licensed  health
care provider" means a licensed health care provider who is trained
in the management of concussions and is acting within the scope of
his or her practice. 
   (2) "Neurocognitive testing" means a comprehensive evaluation of a
person's cognitive status by specific neurologic domains, including,
but not necessarily limited to, memory, attention, problem solving,
language, visuospacial, processing speed, motor, and emotion. 
   (c) This section does not apply to an athlete engaging in an
athletic activity during the regular schoolday or as part of a
physical education course required pursuant to subdivision (d) of
Section 51220.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
                           
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