Directs commissioners of education and health to adopt rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries

Summary of specific provisions

Section 1 establishes the concussion management and awareness act. Section 2 amends section 305 of the education law to require the commissioner of education, in conjunction with the commissioner of health, to promulgate rules and regulations relating to pupils who suffer mild traumatic brain injuries in school sponsored or related activities: requiring a course of instruction relating to recognizing the symptoms of mild traumatic brain injuries and the monitoring and seeking proper medical treatment for pupils who are injured; requiring information about traumatic brain injuries to be posted on websites of the State Education Department, the Department of Health and school districts as well as included on any parent permission or consent form; requiring the immediate removal from athletic activities of any pupil believed to have sustained a mild traumatic head injury and authorization from a licensed physician for return to athletic activity; and authorizing a school district, in its discretion, to establish a concussion management team. Section 3 amends Section 206 of the public health law to add a new subdivision 28 to direct the commissioner of health to assist the commissioner of education in developing rules and regulations required under this section. Section 4 is the effective date.

Justification

In every school district students participate in interscholastic sports, intramural sports and physical education classes Concussions can occur in any of these sports and classes. A concussion is considered a traumatic brain injury and can cause harmful, long-term effects to brain functions. It is therefore critical that New York establish guidelines to protect our students.

This legislation establishes the necessary guidelines. It requires coaches, teachers and other school personnel to be trained about the symptoms of mild traumatic brain injuries and the importance of

proper medical treatment. In addition, the State Education Department, the Department of Health and school districts will post on their internet websites information for parents and students about how brain injuries occur, the signs and symptoms of such injuries and guidelines about returning to school, physical education classes and sports after an injury. This information will also be included in permission and consent forms which parents or persons in parental relationship to a student must sign to allow their children to participate in sports. The State Education Department, in conjunction with the Department of Health will promulgate the necessary rules and regulations. In developing these regulations, the department will consider input from parents and students, teachers and school administrators, physical education teachers and sports trainers and coaches/ the Public Schools Athletic League (PSAL) in New York City and the New York State Public High Schools athletic association and medical and health professionals.

The legislation also requires the immediate removal of any student who has or who may have suffered a concussion. No student who has or who may have suffered a concussion may return to athletic activities unless the student has been symptom free for at least twenty-four hour and a licensed physician has authorized the student's return.

These policies will promote prevention of injury and assure that students receive the appropriate medical attention and treatment when they are injured. This will reduce the risk of long-term complications and will encourage parents, students and coaches to take preventative steps to avoid such significant injuries.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

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