Bill Text: NY A07885 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the commissioner of education to establish rules and regulations for the treatment and monitoring of students who suffer concussions or head injuries and requires that certain school employees who suspect a student of having suffered a concussion or head injury remove such student from physical activity or athletic competition until the student provides a written form from a licensed health care professional authorizing the student to participate in such activities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-23 - print number 7885a [A07885 Detail]

Download: New_York-2011-A07885-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7885--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 20, 2011
                                      ___________
       Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
         Committee on Education -- recommitted to the Committee on Education in
         accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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 who suffer concussions or  head  inju-
         ries
         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 43 to read as follows:
    3    43. A. THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH
    4  AND THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION, SHALL:
    5    (1) PROMULGATE AND REGULARLY UPDATE RULES AND REGULATIONS TO ESTABLISH
    6  MINIMUM STANDARDS FOR ALL SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCA-
    7  TIONAL SERVICES AND NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS  RELATING
    8  TO THE TREATMENT AND MONITORING OF PUPILS WHO SUFFER OR ARE SUSPECTED OF
    9  SUFFERING  CONCUSSIONS  AND HEAD INJURIES WHILE RECEIVING INSTRUCTION OR
   10  ENGAGING IN SCHOOL SPONSORED OR RELATED PHYSICAL OR ATHLETIC ACTIVITIES.
   11  SUCH RULES AND REGULATIONS SHALL PROVIDE FOR  AN  APPROPRIATE  LEVEL  OF
   12  MONITORING  THE  CONDITION, BOTH MENTAL AND PHYSICAL, OF EVERY PUPIL WHO
   13  HAS SUFFERED OR IS SUSPECTED OF SUFFERING A CONCUSSION OR  HEAD  INJURY,
   14  AND  PROVIDE  APPROPRIATE  RESTRICTIONS  ON PARTICIPATION IN PHYSICAL OR
   15  ATHLETIC ACTIVITIES BY SUCH PUPILS. IN ADDITION, A WRITTEN RELEASE  FORM
   16  FROM  A  LICENSED  HEALTH  CARE  PROVIDER  TRAINED IN THE EVALUATION AND
   17  MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES SHALL  BE  FILED  WITH  SUCH
   18  PUPIL'S  SCHOOL  PRIOR  TO THE RESUMPTION OF PHYSICAL OR ATHLETIC ACTIV-
   19  ITIES;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11028-03-2
       A. 7885--A                          2
    1    (2) DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF  COOPERATIVE  EDUCA-
    2  TIONAL SERVICES AND NONPUBLIC SCHOOLS AN INFORMATION PAMPHLET TO EDUCATE
    3  COACHES, PUPILS PARTICIPATING IN INTERSCHOLASTIC SPORTS, PUPILS WHO HAVE
    4  SUFFERED  OR ARE SUSPECTED OF SUFFERING CONCUSSIONS OR HEAD INJURIES AND
    5  PERSONS IN PARENTAL RELATION TO A PUPIL ON THE NATURE, INCIDENCE, TREAT-
    6  MENT,  WARNING  SIGNS AND RISKS OF CONCUSSIONS AND HEAD INJURIES. A COPY
    7  OF SUCH PAMPHLET SHALL BE PROVIDED ANNUALLY TO EVERY TEACHER OF PHYSICAL
    8  EDUCATION, EVERY COACH OF INTERSCHOLASTIC TEAMS, EVERY PUPIL WHO SUFFERS
    9  OR IS SUSPECTED OF SUFFERING A CONCUSSION OR HEAD INJURY AND THE  PERSON
   10  IN  PARENTAL RELATION TO EACH PUPIL WHO PARTICIPATES IN AN INTERSCHOLAS-
   11  TIC SPORT OR HAS SUFFERED OR IS SUSPECTED OF SUFFERING A  CONCUSSION  OR
   12  HEAD INJURY; AND
   13    (3)  DISTRIBUTE  TO ALL SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCA-
   14  TIONAL SERVICES AND NONPUBLIC SCHOOLS A FORM WHICH ATTESTS TO RECEIPT OF
   15  THE PAMPHLET ESTABLISHED PURSUANT TO SUBPARAGRAPH TWO OF THIS  PARAGRAPH
   16  AND  THAT THE SIGNATORS HAVE READ AND UNDERSTAND THE NATURE AND RISKS OF
   17  CONCUSSIONS AND HEAD INJURIES. NO PUPIL SHALL PRACTICE FOR OR ENGAGE  IN
   18  INTERSCHOLASTIC  SPORTS  UNTIL  SUCH  PUPIL  AND  THE PERSON IN PARENTAL
   19  RELATION TO HIM OR HER HAVE SIGNED SUCH FORM. A NEW FORM SHALL BE SIGNED
   20  BY THE PUPIL AND THE PERSON IN PARENTAL RELATION TO HIM OR HER IN  EVERY
   21  YEAR  IN  WHICH  SUCH  PUPIL PRACTICES FOR OR ENGAGES IN INTERSCHOLASTIC
   22  SPORTS.
   23    B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS  SUBDIVISION
   24  SHALL  BE  DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
   25  BY EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES  AND
   26  NONPUBLIC  SCHOOL  RELATING TO CONCUSSIONS AND HEAD INJURIES. NOTHING IN
   27  THIS SUBDIVISION SHALL PROHIBIT ANY SCHOOL DISTRICT,  BOARD  OF  COOPER-
   28  ATIVE  EDUCATIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLE-
   29  MENTING MORE STRINGENT STANDARDS.
   30    S 2. The education law is amended by adding a new  section  3001-e  to
   31  read as follows:
   32    S 3001-E. STUDENTS SUSPECTED OF SUFFERING A CONCUSSION OR HEAD INJURY.
   33  1.  ANY TEACHER, COACH, SCHOOL ADMINISTRATOR, SCHOOL GUIDANCE COUNSELOR,
   34  SCHOOL PSYCHOLOGIST, SCHOOL DRUG COUNSELOR, SCHOOL NURSE, SUPERVISOR  OF
   35  ATTENDANCE,  ATTENDANCE  TEACHER OR ATTENDANCE OFFICER HAVING REASONABLE
   36  CAUSE TO SUSPECT THAT A SECONDARY OR ELEMENTARY STUDENT HAS  SUFFERED  A
   37  CONCUSSION OR HEAD INJURY SHALL IMMEDIATELY REMOVE SUCH STUDENT FROM ANY
   38  PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
   39    2.  ANY  STUDENT  WHO  HAS  BEEN REMOVED FROM ANY PHYSICAL ACTIVITY OR
   40  ATHLETIC COMPETITION DUE TO SUSPICION OF SUCH STUDENT HAVING SUFFERED  A
   41  CONCUSSION  OR  HEAD INJURY SHALL NOT RETURN TO ANY PHYSICAL ACTIVITY OR
   42  ATHLETIC COMPETITION UNTIL SUCH STUDENT HAS PROVIDED A  WRITTEN  RELEASE
   43  FORM  FROM A LICENSED HEALTH CARE PROVIDER TRAINED IN THE EVALUATION AND
   44  MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES STATING THAT THE STUDENT MAY
   45  RETURN TO PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
   46    S 3. This act shall take effect on the first of July  next  succeeding
   47  the  date on which it shall have become a law; provided, that, effective
   48  immediately, any  rules  and  regulations  necessary  to  implement  the
   49  provisions of this act on its effective date are authorized and directed
   50  to be completed on or before such date.