NY State Senate Bill 2023-S3184

Senate Bill S3184

2023-2024 Legislative Session

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

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Current Bill Status - In Senate Committee Education 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 03, 2024	referred to education
Jan 30, 2023	referred to education

co-Sponsors

2023-S3184 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8550
2021-2022: S1074

2023-S3184 (ACTIVE) - Summary

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

2023-S3184 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3184

SPONSOR: HOYLMAN-SIGAL
 
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 concus-

sion 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 concus-
sions 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:

S.1074-A of 2021-2022 (Hoylman): Died in Education

A.2564-A of 2021-2022 (Fall): Died in Education

S.8550 of 2020 (Hoylman): Died in Rules

A.10648 of 2020 (Fall): Died in Education

 
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.

2023-S3184 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3184
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, MAY -- read twice and ordered print-
   ed, and when printed to be committed 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 2023".
   § 2. Subdivision 42 of section 305 of the education law, as  added  by
 chapter  496  of  the laws of 2011 and paragraph b as amended by chapter
 617 of the laws of 2022, 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
 on a biennial basis by all school coaches, physical education  teachers,
 nurses  [and],  athletic  trainers, MEDICAL DIRECTORS, PHYSICIANS, NURSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06503-01-3

 S. 3184                             2
 
 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.
 Furthermore,  every  concussion management team may establish and imple-
 ment a program which provides information on mild traumatic brain  inju-
 S. 3184                             3
 
 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 school and nonpublic school AND EVERY GROUP OR ORGANIZA-
 TION THAT USES PROPERTY OR FACILITIES OWNED BY  A  SCHOOL  DISTRICT  FOR
 COMPETITIVE, TRAVEL YOUTH SPORTS, relating to mild traumatic brain inju-
 ries.  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; provided, however, that if
 chapter 617 of the laws of 2022 shall not have taken effect on or before
 such date then section two of this act shall take  effect  on  the  same
 date  and  in  the same manner as such chapter of the laws of 2022 takes
 effect. 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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Senate Bill S3184

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Sponsored By

Brad Hoylman-Sigal