NY State Senate Bill 2019-S8550

Senate Bill S8550

2019-2020 Legislative Session

Updates school concussion management and response protocols and increases concussion data collection and reporting

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2020	referred to rules

2019-S8550 (ACTIVE) - Details

See Assembly Version of this Bill:: A10648
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1074, A2564
2023-2024: S3184, A1977

2019-S8550 (ACTIVE) - Summary

Relates to updating school concussion management and response protocols; increases concussion data collection and reporting.

2019-S8550 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8550

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the education law, in relation to updating school
concussion management and response protocols and increasing concussion
data collection and reporting

 
SUMMARY OF PROVISIONS:

This bill is entitled the "Concussion Management and Awareness Improve-
ment Act of 2020."

The bill amends subdivision 42 of section 305 of the Education Law,
constituting the Concussion Management and Awareness Act of 2011, to
require that all all medical directors, physicians, nurse practitioners,
and physician assistants employed by a school or school district
complete an annual course of instruction or equivalent continuing
medical education relating to recognizing symptoms and providing treat-
ment for pupils who suffer concussions.  The bill also provides that no
pupil presumed to have suffered a concussion shall resume athletic

activity until he or she has returned to a full class schedule without
academic adjustments or accommodations, in addition to the current
requirement of being symptom-free for at least 24 hours. It would also
require SED's rules and regulations on concussions to provide guidance
for limitations and restrictions on athletic attendance and activities.

The bill also requires all schools or school districts, whether public
or nonpublic, to establish concussion management teams, and expand the
school personnel committed to serve on such teams. Current law author-
izes, but does not require, schools to establish such teams.  The bill
would also require teams to annually report specific information on
concussions sustained by pupils.

The bill would also require SED's rules and regulations to recommend
that schools retain access to an athletic trainer.  Finally, the bill
would extend the duty to comply with SED's rules and regulations to
nonpublic schools and competitive/travel youth sports teams. Current law
allows nonpublic schools to implement the rules and regulations if they
choose, but does not require them to do so.

 
JUSTIFICATION:

According to the Brain Injury Association of New York State, more than
30,000 children between the ages of 5 and 19 are seen yearly in emergen-
cy departments for possible "mild traumatic brain injuries," more
commonly known as concussions. In 2014, 4,000 of these children were
seen for sports-related TBIs. Sadly, the true numbers are likely higher,
as those estimates don't include those made outside of emergency depart-
ments, such as those made by primary care physicians, and BIANYS esti-
mates that half of all brain injuries in New York State are not
reported.

Concussions can cause headaches, nausea, vomiting, dizziness, blurred
vision, sensitivity to noise and light, concentration and memory issues,
and confusion or grogginess. In children, concussions can, be partic-
ularly serious and can create learning difficulties for an extended
period of time, depending on the severity of the concussion.  The
Concussion Management Awareness Act of 2011 (CMAA) created important
safeguards and guidance for New York's public schools to protect student
who suffer concussions, ensuring that they do not return to athletics or
other high-risk activities too soon and risk suffering an additional
traumatic brain injury. The CMAA required public school coaches, P.E.
teachers, nurses, and athletic trainers to complete a course of instruc-
tion on concussion recognition and prevention. It also required the
immediate removal from athletic activities of any student believed to
have sustained a concussion and created guidelines for their return to
athletics, and authorized the creation of concussion management teams
for each school or school district.

However, although the CMAA was an important first step towards protect-
ing students from concussions, there are actions New York should take to
increase protections for students.  This bill would expand the CMAA to
cover nonpublic schools and travel youth sports teams, and require
schools to establish concussion management teams, rather than simply
authorizing them to do so. It would also update the CMAA to codify SED
guidance that students should return to the classroom with no limita-
tions before they resume athletic activities. Additionally, it would
require concussion management teams to report more specific information
about concussions to ensure that our approach to treating and preventing
concussions is informed by comprehensive data.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law.

2019-S8550 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8550
 
                             I N  S E N A T E
 
                               June 12, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  education  law,  in  relation  to  updating  school
   concussion management and response protocols and increasing concussion
   data collection and reporting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "concussion
 management and awareness improvement act of 2020".
   § 2. Subdivision 42 of section 305 of the education law, as  added  by
 chapter 496 of the laws of 2011, is amended to read as follows:
   42.  a.  The  commissioner,  in  conjunction  with the commissioner of
 health, shall promulgate and review as necessary rules  and  regulations
 relating  to  pupils  who  suffer  mild  traumatic  brain injuries, also
 referred to as a "concussion," while receiving instruction  or  engaging
 in  any  school  sponsored or related activity. In developing such rules
 and regulations, the commissioner shall consider  comments  from  stake-
 holders  and  other  interested  parties  including  but  not limited to
 parents, teachers,  students,  school  administrators,  school  athletic
 trainers,  sport  coaches,  medical and health professionals, the public
 schools athletic league (PSAL), the New York state  public  high  school
 athletic  association  (NYSPHSAA), and other athletic associations. Such
 regulations shall include, but not be limited to:
   (i) requiring a course of  instruction  relating  to  recognizing  the
 symptoms  of  mild  traumatic  brain injuries and monitoring and seeking
 proper medical treatment for pupils  who  suffer  mild  traumatic  brain
 injuries.  Such  course of instruction shall be required to be completed
 on a biennial basis by all school coaches, physical education  teachers,
 nurses  and  athletic  trainers. SUCH COURSE OF INSTRUCTION OR AN EQUIV-
 ALENT HOUR OF CONTINUING MEDICAL EDUCATION SHALL ALSO BE REQUIRED TO  BE
 COMPLETED ON AN ANNUAL BASIS BY ALL MEDICAL DIRECTORS, PHYSICIANS, NURSE
 PRACTITIONERS,  AND  PHYSICIAN ASSISTANTS EMPLOYED BY A SCHOOL OR SCHOOL
 DISTRICT. The course of instruction required by this subparagraph  shall
 include,  but not be limited to, the definition of a "concussion," signs
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15750-01-0

 S. 8550                             2
 
 and symptoms of mild traumatic brain injuries,  how  such  injuries  may
 occur, practices regarding prevention, and the guidelines for the return
 to  school and to certain school activities after a pupil has suffered a
 mild  traumatic  brain injury regardless of whether such injury occurred
 outside of school. Such training may be completed by means of courses of
 instruction, including but not limited to, courses provided  online  and
 by teleconference approved by the department;
   (ii)  providing that the department and the department of health shall
 post on their internet websites information relating to  mild  traumatic
 brain  injuries,  which  shall  include but not be limited to, the defi-
 nition of a "concussion," signs and symptoms  of  mild  traumatic  brain
 injuries, how such injuries may occur, and the guidelines for the return
 to  school and to certain school activities after a pupil has suffered a
 mild traumatic brain injury regardless of whether such  injury  occurred
 outside of school. Schools shall be required to include such information
 in  any permission form or parent or person in parental relation consent
 form or similar document that may be  required  for  a  pupil's  partic-
 ipation  in  interscholastic sports and shall also include such informa-
 tion, or reference how to obtain such information  from  the  department
 and the department of health internet websites, on the school's internet
 website, if one exists;
   (iii)  requiring the immediate removal from athletic activities of any
 pupil believed to have sustained or who has sustained a  mild  traumatic
 brain injury. In the event that there is any doubt as to whether a pupil
 has sustained a concussion, it shall be presumed that he or she has been
 so  injured  until proven otherwise. No such pupil shall resume athletic
 activity until he or she shall have been symptom free for not less  than
 twenty-four hours, HAS RETURNED TO A FULL CLASS SCHEDULE WITHOUT ACADEM-
 IC  ADJUSTMENTS  OR  ACCOMMODATIONS MADE DUE TO THE MILD TRAUMATIC BRAIN
 INJURY, and has been  evaluated  by  and  received  written  and  signed
 authorization  from  a  licensed  physician. Such authorization shall be
 kept on file in the pupil's permanent health record.  Furthermore,  such
 rules  and  regulations  shall  provide  guidelines  for limitations and
 restrictions on school attendance and activities, AS  WELL  AS  ATHLETIC
 ATTENDANCE  AND ACTIVITIES, for pupils who have sustained mild traumatic
 brain injuries, consistent with the directives of the  pupil's  treating
 physician.
   (iv)  [authorizing]  REQUIRING each school or school district[, in its
 discretion,] to establish a concussion  management  team  which  may  be
 composed  of  the athletic director (if any), a school nurse, THE SCHOOL
 PRINCIPAL, A SCHOOL GUIDANCE COUNSELOR, A  SCHOOL  TEACHER,  the  school
 physician,  a  coach  of an interscholastic team, an athletic trainer or
 such other appropriate personnel as designated by the school  or  school
 district.   The concussion management team shall oversee the implementa-
 tion of the rules and regulations promulgated pursuant to this  subdivi-
 sion as it pertains to their associated school including the requirement
 that all school coaches, physical education teachers, nurses and athlet-
 ic  trainers that work with and provide instruction to pupils engaged in
 school sponsored athletic activities complete training relating to  mild
 traumatic  brain injuries. Furthermore, every concussion management team
 may establish and implement a program which provides information on mild
 traumatic brain injuries to parents and  persons  in  parental  relation
 throughout  each  school  year.   EVERY CONCUSSION MANAGEMENT TEAM SHALL
 REPORT ANNUALLY TO THEIR APPLICABLE  DISTRICT  SUPERINTENDENT  OR  CHIEF
 SCHOOL OFFICER, BOARD OF EDUCATION OR GOVERNING BODY, AND TO THE DEPART-
 MENT  THE  FOLLOWING INFORMATION: (A) THE NUMBER OF PUPILS WHO SUSTAIN A

 S. 8550                             3
 
 MILD TRAUMATIC BRAIN INJURY EACH YEAR,  REGARDLESS  OF  THE  SETTING  IN
 WHICH  SUCH INJURY IS SUSTAINED; (B) THE CAUSE OF SUCH INJURIES; (C) THE
 DURATION OF SYMPTOMS OF SUCH INJURIES;  AND  (D)  ANY  MODIFICATIONS  OR
 ACCOMMODATIONS MADE FOR PUPILS THAT HAVE SUSTAINED SUCH INJURIES.
   (V)  RECOMMENDING THAT SCHOOLS RETAIN ACCESS TO AN ATHLETIC TRAINER TO
 PROVIDE SERVICES TO STUDENTS.
   b. The rules and regulations established pursuant to this  subdivision
 shall  be  deemed to be the minimum standards that must be complied with
 by every public AND NONPUBLIC school AND EVERY COMPETITIVE/TRAVEL  YOUTH
 SPORTS  TEAM  relating to mild traumatic brain injuries. [Such rules and
 regulations may also be implemented by  nonpublic  schools  if  they  so
 authorize.] Nothing in this subdivision shall prohibit any public school
 or nonpublic school from adopting and implementing more stringent stand-
 ards.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment, and/or repeal of any rule or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

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