BILL ANALYSIS Ó
AB 588
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 588 (Fox) - As Introduced: February 20, 2013
SUBJECT : School Athletics: Concussions
SUMMARY : Applies existing law relating to students who
sustain, or are suspecting of sustaining, a concussion during a
school-sponsored athletic activity to private schools and
requires specified information be provided to athletes and the
athlete's parent or guardian regarding concussions.
Specifically, this bill :
1)Makes applicable to private schools existing law that requires
a school district that chooses to offer an athletic program to
immediately remove an athlete who is suspected of sustaining a
concussion or head injury from the activity for the remainder
of the day and prohibits the athlete from returning to the
activity until he or she is cleared by a licensed heath care
provider.
2)Makes applicable to private schools existing law that requires
a school district that chooses to offer an athletic program to
require each athlete and each athlete's parent/guardian to
sign and return a concussion and head injury information sheet
prior to the athlete participating in practice or competition.
3)Specifies that the concussion and head injury information
sheet contain, at minimum, information regarding concussions
and their symptoms.
4)Allows the concussion and head injury information sheet be
made available digitally (e.g. e-mail or on an Internet
Website).
EXISTING LAW
1)Requires each high school sports coach to complete a coaching
education program developed by his or her school district or
the California Interscholastic Federation (CIF) that meets the
guidelines set forth by the High School Coaching Education and
Training Program (HSCETP).
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2)Requires a school district that elects to offer an athletic
program to comply with all of the following:
a) An athlete who is suspected of sustaining a
concussion or head injury in an athletic activity
shall be immediately removed from the activity for the
remainder of the day.
b) An athlete who is suspected of sustaining a
concussion or head injury in an athletic activity
shall not be permitted to return to the activity until
he or she is evaluated by a licensed health care
provider, trained in the management of concussions,
acting within the scope of his or her practice. The
athlete shall not be permitted to return to the
activity until he or she receives written clearance to
return to the activity from that licensed health care
provider.
c) On a yearly basis, a concussion and head injury
information sheet shall be signed and returned by the
athlete and the athlete's parent or guardian prior to
the start of the athlete's season of practice or
competition.
3)Exempts an athlete engaging in an athletic activity during the
regular school day or as part of a physical education course
from these requirements.
FISCAL EFFECT : This bill is keyed as nonfiscal by Legislative
Counsel
COMMENTS : Concussions have serious immediate and long-term
effects. A concussion is a brain injury caused by a blow to the
head or body or from hitting a hard surface, and in only 10% of
cases is it evident from loss of consciousness.
Under existing law, the CIF is a voluntary organization
consisting of school and school-related personnel with
responsibility for administering interscholastic athletic
activities in secondary schools. CIF policy ensures
student-athletes do not return to practice or competition until
evaluated by a healthcare professional; however this only covers
about 1 million students between 14-18 years old. Existing law
already widened the students to whom this policy applies by
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including the 3 million students between 6-14 years old playing
non-CIF youth sports in public schools. This bill further
extends this policy to those students ages 6-18 participating in
non-CIF athletic programs in private schools.
The committee recommends amending this bill to add charter
schools to the entities to which this section applies, to ensure
that all California students are protected.
This bill also ensures that all K-12 athletes, whether attending
a private or public school, and their parents are aware of the
signs and symptoms of a concussion in order to prevent further
injury. According to the author, by specifying the content of
the information to be provided to athletes and their
parent/guardian, there will be an increased awareness of the
signs and symptoms of serious head injuries, especially for
young athletes who are more vulnerable to greater injury. This
increased understanding provides youth participating in
athletics with safeguards against long-term injuries that result
from concussion and head injury, helps parents advocate for
their children when these health issues arise, and assists
parents in managing head injury outside of school.
Awareness of concussions is an important first step in curbing
the alarming number of these injuries that are suffered each
year. In a 2012 study by Dr. Mallika Marar, published in the
American Journal of Sports Medicine, among high school
student-athletes across the United States "over the course of
the 2008-2010 school years, 14,635 injuries were reported, 1936
(13.2%) of which were concussions. This included 1289
concussions (66.6%) that occurred in competition and 647 (33.4%)
that occurred during practice." While awareness is not
prevention, it is critical in preventing student-athletes from
suffering further injuries by returning to play too soon.
According to the CIF's website:
Continuing to play with the signs and
symptoms of a concussion leaves the young
athlete especially vulnerable to greater
injury. There is an increased risk of
significant damage from a concussion for a
period of time after that concussion occurs,
particularly if the athlete suffers another
concussion before completely recovering from
the first one. This can lead to prolonged
recovery, or even to severe brain swelling
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(second impact syndrome) with devastating
and even fatal consequences. It is well
known that an adolescent or teenage athlete
will often under report symptoms of
injuries, and concussions are no different.
As a result, education of administrators,
coaches, parents, and students is the key
for the student-athlete's safety.
Working together, athletes, coaches, and parents can increase
awareness and treatment. Additionally, this bill promotes easy
access to these materials by specifying that a school may
provide these materials to athletes and their parents via email
and post the information on the school's website.
The author has committed to work with the California Medical
Association to address the following two concerns raised in
their letter of conditional support:
1) Specifying the appropriate training necessary to provide
the health assessment called for in this section; and
2) Examining the broad exclusion of all athletic activities
that occur during the regular school day.
Previous Legislation : AB 1451 (Hayashi), Chapter 173, Statutes
of 2012, includes a basic understanding of the signs and
symptoms of concussions and the appropriate response to
concussions within the HSCET, administered by school districts.
AB 25 (Hayashi), Chapter 465, Statutes of 2011, requires a
school district that elects to offer athletic programs to
immediately remove from a school-sponsored athletic activity for
the remainder of the day an athlete who is suspected of
sustaining a concussion or head injury during that activity;
prohibits the return of the athlete to that activity until he or
she is evaluated by, and receives written clearance from, a
licensed health care provider; requires, on a yearly basis, a
concussion and head injury information sheet to be signed and
returned by the athlete and the athlete's parent or guardian
before the athlete's initiating practice or competition. This
measure was passed out of this committee by a vote of 9-0.
AB 1449 (Hayashi) (2012), requires the SPI to develop and make
available a concussion and head injury information sheet that a
school district could use to satisfy the requirements of
Education Code section 49475.
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AB 1646 (Hayashi) (2010), held in the Assembly Appropriations
Committee suspense file, requires training for coaches to be
able to identify symptoms of head and neck injury. This measure
was passed out of this committee by a vote of 6-2.
AB 1647 (Hayashi) (2010), establishes certification and training
requirements for athletic trainers. The bill also prohibits
individuals from calling themselves athletic trainers unless
they met those requirements.
Governor Schwarzenegger vetoed this bill with the following
message:
This bill is similar to legislation I have vetoed twice
before in the past because there is no evidence that
regulating the use of the term "certified athletic trainer"
poses any threat to the public health and safety.
AB 1893 (Hayashi) (2010), held in the Assembly Education
Committee, requires all high school spirit activities coaches to
have valid certification in CPR and first aid, including an
understanding of signs, symptoms, and appropriate emergency
action steps regarding potentially catastrophic injury,
including but not limited to, head and neck injury and
concussion. Pupils participating in this activity who
experience or show signs of trauma or other injury must obtain a
release from the treating provider before resuming these
activities.
AB 533 (Hayashi) (2009), held in the Assembly Appropriations
Committee suspense file, requires training for coaches to be
able to identify symptoms of head and neck injury. This measure
was passed out of this committee by a vote of 8-1.
REGISTERED SUPPORT / OPPOSITION :
Support
California Medical Association (support if amended)
Emergency Nurses Association
Opposition
None on file
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Analysis Prepared by : Jill Rice / ED. / (916) 319-2087