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 > Little League Online > Learn More > Programs > Child Protection Program > Concussions in Youth Athletes > Concussions in Youth Athletes - New York

Concussions in Youth Athletes - New York

New York

Governor Cuomo signed SB 3953–A into law on September 17, 2011. The pertinent part of this law can be found at section 305 of the education law, subsection 42. a. (N.Y. Educ. Law. § 305).

This law requires that the Commissioner of Education promulgate rules relating to concussions for any school sponsored activity, requiring: coaches to undergo concussion training on a biennial basis; the Department of Health to post concussion information on its website; the immediate removal of any student from an athletic activity if they are suspected of sustaining a concussion; and not permitting any student to return to play until evaluated by a licensed physician and is authorized in writing to return. A school district is permitted by this law to establish concussion management teams to oversee the implementation of these rules.

The law also provides that any not-for-profit youth sports organization may adopt these rules and regulations. Not-for-profit youth sports organizations utilizing school owned facilities may be required to show proof of insurance. Pursuant to §206, subsection 28 of Chapter 45 of the New State Public Health Law, the Public Health Commissioner is required to assist the Commissioner of Education to develop rules and regulations regarding students who suffer mild traumatic brain injuries in accordance with §305 of the education law, subsection 42 and post such information on its website.

The official versions of sections 305, subsection 42 and 206, subsection 28 are currently available online at:

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$EDN305$$@TXEDN0305+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=24591253+&TARGET=VIEW

and

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PBH206$$@TXPBH0206+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=34416429+&TARGET=VIEW

SB 185 was introduced on January 9, 2013 and was immediately referred to committee. As proposed, the bill would seek to amend the existing law through the creation of a concussion management advisory board to advise the department of education with regard to best practices for an interscholastic sports injury awareness concussion management program. There has been no further action on this proposed legislation since January 9, 2013.

The text of SB 185 can be viewed online at:

http://assembly.state.ny.us/leg/?default_fld=&bn=S00185&term=2013&Summary=Y&Actions=Y&Text=Y

A.B. 1747 was also introduced on January 9, 2013 and referred to committee as well. As proposed, this bill would enact the Concussion and Head Injury Management Act. The law would apply to an athlete who is enrolled in a public school and who engages in competitive sports at a high school and provides a definition of contact sport. The proposed law would require baseline and post injury neurocognitive testing. An athlete suspected of sustaining a concussion or traumatic head injury must be removed from play immediately and may not return until successfully undergoing and completing neurocognitive testing, receiving an evaluation by a licensed health care professional and receiving written permission to return to sports activity. Coaches who coach a contact sport shall be required to undergo an approved training course and complete additional training no longer than 5 years after the initial training. On November 20, 2013, the proposed legislation was amended and recommitted to committee. The text of A. 1747 can be viewed online at:

http://assembly.state.ny.us/leg/?default_fld=&bn=A01747&term=2013&Summary=Y&Text=Y

S 235 was pre-filed bill previously referred to the Education Committee on January 9, 2013 and once again referred to Education Committee on January 8, 2014. As proposed, this legislation add section 3001-E to existing law which would require coaches undergo head injury recognition training, would preclude a coach from allow an athlete to return to play or practice the same day that a concussion had been sustained or suspected and may only allow return to play after evaluation by a licensed health care provider.

S 235 can be viewed online at:

http://assembly.state.ny.us/leg/?default_fld=&bn=S00235&term=2013&Summary=Y&Actions=Y&Text=Y