BILL NUMBER: AB 2182 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Assembly Member Mullin
FEBRUARY 18, 2016
An act to amend Section 49475 of add
Section 49475.6 to, and to add and repeal Section 49475.5 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 establish
the Neurocognitive Testing Pilot Grant Program to commence in the
2017-18 school year. The bill would require the State Department of
Education to develop an application for school districts interested
in participating in the pilot program. A participating school
district would be required to commit to participating in the pilot
program for 4 school years in order to track pupils tested in grade 9
through completion of high school. The bill would provide that grant
funds, based on an appropriation in the annual Budget Act or another
statute, would be used for baseline neurocognitive testing, as
defined, for pupils who participate in interscholastic 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, 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 also provide
that grant funds could be used for training of personnel and
consultation with experts, as specified. The bill would further
provide that, under the pilot program, the parent or guardian
of each athlete participating in any of the 12 interscholastic sports
listed in the bill would be notified, in writing, that
the results of baseline and postinjury neurocognitive testing
conducted on his or her child is are
available to the child's parent or guardian, or could be shared with
the athlete's physician, upon request.
The bill would also provide that grant funds could be used for
reporting specified data relating to the baseline neurocognitive
testing to the appropriate county office of education. The bill would
require the State Department of Education to submit a report
containing specified information to the appropriate policy committees
of the Legislature on or before December 31, 2021.
These provisions would be repealed on January 1, 2022.
(2) Existing law provides that, if a licensed health care provider
determines that an athlete sustained a concussion or a head injury
while engaging in an athletic activity, 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.
The
This bill would require a school district, charter
school, or private school that offers an inter
scholastic athletic program to collect and maintain data on
traumatic brain injuries and concussions sustained by any of its
pupils during an interscholastic athletic
competition. The bill would require postinjury neurocognitive testing
to be conducted within 72 hours of the occurrence of the injury.
activity. The bill would require that this data
be reported periodically to the appropriate county office of
education, and would require the county office of education to
compile and retain the data for summary and analysis as it deems
necessary. By imposing new duties on county offices of education, the
bill would impose a state-mandated local program.
(2)
(3) 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, if it is
suspected that a pupil has sustained a concussion or traumatic brain
injury in an athletic competition, the pupil must be removed from
competition immediately and required to receive written clearance
from a physician licensed health care
provider 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. licensed health care provider.
(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 pay for neurocognitive
testing, or provide in-house neurocognitive testing, for pupils who
participate in interscholastic 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 with, 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, and shall be repeated at intervals not exceeding 24
months for as long as the athlete is enrolled at the school.
(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. 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. 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 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 followup 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 as it deems necessary.
(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, 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. 2. Section 49475.5 is added to the
Education Code , to read:
49475.5. (a) The Neurocognitive Testing Pilot Grant Program is
hereby established, commencing with the 2017-18 school year. The
department shall develop an application for school districts
interested in participating in the pilot program. A participating
school district shall commit to participating in the pilot program
for four school years in order to track pupils tested in grade 9
through completion of high school.
(b) Grant funds, based on an appropriation in the annual Budget
Act or another statute, shall be used for the following:
(1) (A) Baseline neurocognitive testing of pupils attending grades
9 to 12, inclusive, participating in interscholastic athletics in
any of the following sports:
(i) Baseball.
(ii) Basketball.
(iii) Cheerleading.
(iv) Field hockey.
(v) Football.
(vi) Ice hockey.
(vii) Lacrosse.
(viii) Rugby.
(ix) Soccer.
(x) Softball.
(xi) Volleyball.
(xii) Wrestling.
(B) The baseline neurocognitive testing conducted pursuant to this
subdivision shall take place at the beginning of an athletic season
before any competitions have taken place and after any head injury,
and shall be repeated at intervals not exceeding 24 months for as
long as the athlete is enrolled at the school.
(2) Postinjury neurocognitive testing of an athlete who is
suspected of sustaining a concussion or head injury in an
interscholastic athletic activity. Postinjury neurocognitive tests
shall be conducted within 72 hours of the occurrence of the injury.
(3) Training of personnel or to consult with experts on the
interpretation of postinjury test results. 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
are 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.
(4) Reporting to the county office of education data that includes
an overview of the baseline neurocognitive testing conducted for
each of the sports listed in paragraph (1), and an overview of
normal, abnormal, and followup postinjury neurocognitive tests. The
data shall also include the number of athletes who discontinue
participation in the sport following a concussion and postinjury
testing.
(c) For purposes of this section, "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, visuospatial,
processing speed, motor, and emotion.
(d) (1) The department shall, based on the data collected by the
county offices of education located in the area of participating
school districts, prepare a report including, but not necessarily
limited to, all of the following information:
(A) The number of athletes who received the baseline tests.
(B) The number of athletes who received the postinjury tests.
(C) The number of athletes who had taken the tests and
discontinued participation in any of the sports set forth in
subdivision (b) due to concussion injuries.
(2) The report prepared pursuant to this subdivision shall be
submitted to the appropriate policy committees of the Legislature on
or before December 31, 2021, and shall comply with Section 9795 of
the Government Code.
(e) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 3. Section 49475.6 is added to the
Education Code , to read:
49475.6. A school district, charter school, or private school
that elects to offer an interscholastic athletic program shall
collect and maintain data on traumatic brain injuries and concussions
sustained by any of its pupils during an interscholastic athletic
activity. 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 as it deems
necessary.
SEC. 3. SEC. 4. 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.