NY State Assembly Bill 2021-A2564A

Assembly Bill A2564A

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2022	print number 2564a
Jan 07, 2022	amend and recommit to education
Jan 05, 2022	referred to education
Jan 19, 2021	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-A2564 - Details

See Senate Version of this Bill:: S1074
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10648, S8550
2023-2024: A1977, S3184

2021-A2564 - Summary

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

2021-A2564 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2564
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of A. FALL, SIMON, O'DONNELL, TAYLOR, ENGLEBRIGHT --
   read once and referred to the Committee on Education
 
 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 2021".
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02372-01-1

 A. 2564                             2
 
 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
 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

 A. 2564                             3
 
 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
 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 on or before such date.

co-Sponsors

View additional co-sponsors

2021-A2564A (ACTIVE) - Details

See Senate Version of this Bill:: S1074
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10648, S8550
2023-2024: A1977, S3184

2021-A2564A (ACTIVE) - Summary

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

2021-A2564A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2564--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FALL, SIMON, O'DONNELL, TAYLOR, ENGLEBRIGHT,
   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 committee

 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 2022".
   §  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], SCHOOL related activity,  OR  COMPETITIVE,
 TRAVEL  YOUTH  SPORT  ON  SCHOOL DISTRICT PROPERTY.   In developing such
 rules and regulations, the commissioner  shall  consider  comments  from
 stakeholders  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02372-03-1

 A. 2564--A                          2
 
 on a biennial basis by all school coaches, physical education  teachers,
 nurses  [and],  athletic  trainers, MEDICAL DIRECTORS, PHYSICIANS, NURSE
 PRACTITIONERS, AND PHYSICIAN ASSISTANTS EMPLOYED BY OR UNDER CONTRACT TO
 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 and symptoms of mild traumatic brain  injuries,  how
 such  injuries may occur, practices regarding prevention, and the guide-
 lines 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, cours-
 es 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 A COLLECTIVE  BARGAIN-
 ING  ORGANIZATION OF THE EMPLOYEE OR the school or school district IF NO
 SUCH COLLECTIVE BARGAINING ORGANIZATION EXISTS.  The concussion  manage-
 ment  team shall oversee the implementation of the rules and regulations
 promulgated pursuant to this subdivision as it pertains to their associ-
 ated school including the requirement that all school coaches,  physical
 education  teachers,  nurses  and  athletic  trainers that work with and
 provide instruction to  pupils  engaged  in  school  sponsored  athletic
 activities  complete training relating to mild traumatic brain injuries.
 A. 2564--A                          3
 
 Furthermore, every concussion management team may establish  and  imple-
 ment  a program which provides information on mild traumatic brain inju-
 ries 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 DEPARTMENT THE FOLLOWING INFOR-
 MATION: (A) THE NUMBER, SEX, AGE AND GRADE OF PUPILS WHO SUSTAIN A  MILD
 TRAUMATIC  BRAIN  INJURY  EACH  YEAR, REGARDLESS OF THE SETTING IN WHICH
 SUCH INJURY IS SUSTAINED; (B) THE CAUSE OF SUCH INJURIES; (C) THE  DURA-
 TION OF SYMPTOMS OF SUCH INJURIES; AND (D) ANY MODIFICATIONS OR ACCOMMO-
 DATIONS 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  GROUP  OR  ORGANIZATION
 THAT  USES PROPERTY OR FACILITIES OWNED BY A SCHOOL DISTRICT FOR COMPET-
 ITIVE, TRAVEL YOUTH SPORTS 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 standards.
   §  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 on or before such date.

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Assembly Bill A2564A

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Sponsored By

FALL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Jo Anne Simon

Daniel O'Donnell

Al Taylor

Steven Englebright

2021-A2564 - Details

2021-A2564 - Summary

2021-A2564 - Bill Text download pdf

co-Sponsors

Jo Anne Simon

Daniel O'Donnell

Al Taylor

Steven Englebright

2021-A2564A (ACTIVE) - Details

2021-A2564A (ACTIVE) - Summary

2021-A2564A (ACTIVE) - Bill Text download pdf

Comments