BILL NUMBER: AB 2182 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Assembly Member Mullin
FEBRUARY 18, 2016
An act to amend Section 49475 of the Education Code, relating to
school athletics.
LEGISLATIVE COUNSEL'S DIGEST
AB 2182, as amended, Mullin. School athletics: neurocognitive
testing.
(1) Existing law requires a school district, charter school, or
private school, if it offers an athletic program, to immediately
remove an athlete from an athletic activity for the remainder of the
day if the athlete is suspected of sustaining a concussion or head
injury, and prohibits the athlete from returning to the athletic
activity until the athlete is evaluated by a licensed health care
provider, trained in the management of concussions and acting within
the scope of his or her practice, and the athlete receives written
clearance from the licensed health care provider to return to the
athletic activity. Existing law also requires, on a yearly basis, a
concussion and head injury information sheet to be signed and
returned by the athlete and athlete's parent or guardian before the
athlete initiates practice or competition.
Existing law further provides that, if a licensed health care
provider determines that the athlete sustained a concussion or a head
injury, the athlete is required to complete a graduated
return-to-play protocol of no less than 7 days in duration under the
supervision of a licensed health care provider.
This bill would express legislative findings and declarations
relating to concussions or traumatic injuries sustained by pupils
participating in high school interscholastic athletics and the value
of neurocognitive testing.
The bill would require a school district, charter school, or
private school that offers an athletic program to pay for
neurocognitive testing, or provide in-house
neurocognitive testing, as defined, for pupils who participate in
interscholastic athletics. athletics in any
of 12 designated sports. The bill would require this neurocognitive
testing to be conducted by a licensed health care provider, as
specified. The bill would require this testing to take place at
the beginning of an athletic season before any competitions have
taken place and after any head injury.
injury, and would require that this baseline neurocognitive testing
be repeated at intervals not exceeding 24 months for as long as the
athlete is enrolled at the school.
The bill would require that the parent or guardian of each athlete
participating in any of the 12 interscholastic sports listed in the
bill be notified, in writing, that the results of baseline and
postinjury neurocognitive testing conducted on his or her child is
available to the child's parent or guardian, or could be shared with
the athlete's physician, upon request.
The bill would require a school district, charter school, or
private school that offers an athletic program to collect and
maintain data on traumatic brain injuries and concussions sustained
by any of its pupils during an athletic competition. The bill
would require postinjury neurocognitive testing to be conducted
within 72 hours of the occurrence of the injury. The bill would
require that this data be reported periodically to the appropriate
county office of education education,
and would require the county office of education to compile and
retain the data for summary and analysis.
analysis as it deems necessary. By imposing new duties on
county offices of education, the bill would impose a state-mandated
local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The California Interscholastic Federation (CIF), California's
governing body for high school sports, requires that
that, if it is suspected that a pupil has
sustained a concussion or traumatic brain injury in an athletic
competition competition, the pupil must
be removed from competition immediately and required to receive
written clearance from a physician before returning to competition.
(b) Section 49475 of the Education Code, as it was amended by
Assembly Bill 2127 of the 2013-14 Regular Session of the Legislature
effective January 1, 2015, provides that a pupil athlete who has been
diagnosed with a concussion cannot return to play sooner than seven
days after having been evaluated and diagnosed by a physician.
(c) The value of neurocognitive testing is that it establishes a
baseline of each athlete's normal neurocognitive functioning before
beginning athletic activity. By establishing this baseline, an
athlete with a suspected head injury can then be retested to help
assess the degree of injury.
(d) Following any kind of head injury, athletes retake the test
and have the results judged against the baseline test. This is
especially important when an athlete experiences numerous hits to the
head.
SEC. 2. Section 49475 of the Education Code is amended to read:
49475. (a) If a school district, charter school, or private
school elects to offer an athletic program, the school district,
charter school, or private school shall comply with all of the
following:
(1) The school district, charter school, or private school to
which this section is applicable shall provide
pay for neurocognitive testing
testing, or provide in-house neurocognitive testing,
for pupils who participate in interscholastic athletics.
This testing athletics in any of the following sports:
(A) Baseball.
(B) Basketball.
(C) Cheerleading.
(D) Field hockey.
(E) Football.
(F) Ice hockey.
(G) Lacrosse.
(H) Rugby.
(I) Soccer.
(J) Softball.
(K) Volleyball.
(L) Wrestling.
(2) The neurocognitive testing required
by this section shall be conducted by a licensed health care
provider with proper training in, or experience wi th,
neurocognitive testing, or both, who is able to interpret the results
of the required testing. The baseline neurocognitive testing
shall take place at the beginning of an athletic season before any
competitions have taken place and after any head injury.
injury, and shall be repeated at intervals not
exceeding 24 months for as long as the athlete is enrolled at the
school.
(2) (A) An
(3) (A) (i)
An athlete who is suspected of sustaining a
concussion or head injury in an athletic activity shall be
immediately removed from the athletic activity for the remainder of
the day, and shall not be permitted to return to the athletic
activity until he or she is evaluated by a licensed health care
provider. The athlete shall not be permitted to return to the
athletic activity until he or she receives written clearance to
return to the athletic activity from a licensed health care provider.
If Postinjury neurocognitive tests shall be
conducted within 72 hours of the occurrence of the injury.
(ii) If the licensed health care
provider determines that the athlete sustained a concussion or a head
injury, the athlete shall also complete a graduated return-to-play
protocol of no less than seven days in duration under the supervision
of a licensed health care provider. The In
the event of an abnormal postinjury neurocognitive test result,
follow-up neurocognitive testing may be conducted as the discretion
of a licensed health care provider.
(iii) The California
Interscholastic Federation is urged to work in consultation with the
American Academy of Pediatrics and the American Medical Society for
Sports Medicine to develop and adopt rules and protocols to implement
this paragraph. subparagraph.
(B) A school district, charter school, or private school to which
this section is applicable shall collect and maintain data on
traumatic brain injuries and concussions sustained by any of its
pupils during an athletic competition. This data shall include
an overview of the baseline neurocognitive testing conducted for each
of the sports listed in paragraph (1), and an overview of normal,
abnormal, and follow up postinjury neurocognitive tests.
This data shall be reported periodically to the appropriate
county office of education, but the names of the injured pupils shall
be kept confidential. The county office of education shall compile
and retain the data for summary and analysis.
analysis as it deems necessary.
(3)
(4) 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 before the athlete initiates practice
or competition. The parent or guardian of each athlete
participating in any of the sports listed in paragraph (1) shall also
be notified, in writing, that the results of baseline and postinjury
neurocognitive testing conducted on his or her child is available to
the child's parent or guardian upon request. These
neurocognitive testing results may also be shared with the athlete's
physician upon the request of the athlete's parent or guardian.
(b) As used in this section, the following terms have the
following meanings:
(1) "Licensed health care provider" means a licensed health care
provider who is trained in the management of concussions or
other head injuries and is acting within the scope of his or her
practice.
(2) "Neurocognitive testing" means a comprehensive evaluation of a
person's cognitive status by specific neurologic domains, including,
but not necessarily limited to, memory, attention, problem solving,
language, visuospacial, visuospatial,
processing speed, motor, and emotion.
(c) This section does not apply to an athlete engaging in an
athletic activity during the regular schoolday or as part of a
physical education course required pursuant to subdivision (d) of
Section 51220.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.