BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2182


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          Date of Hearing:  April 6, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 2182  
          (Mullin) - As Amended March 29, 2016


          [Note: This bill is doubled referred to the Assembly Arts,  
          Entertainment, Sports, Tourism, and Internet Media Committee and  
          will be heard by that Committee as it relates to issues under  
          its jurisdiction.]


          SUBJECT:  School athletics: neurocognitive testing


          SUMMARY:  Adds neurocognitive testing to concussion and head  
          injury requirements applying to students playing interscholastic  
          sports.  Specifically, this bill:  


          1)Requires a school district, charter school or private school  
            with a high school interscholastic sports  program to pay for,  
            or provide in-house, neurocognitive testing conducted by a  
            licensed health care professional for pupils participating in  
            baseball, basketball, cheerleading field hockey, football, ice  
            hockey, lacrosse, rugby, soccer, softball, volleyball, or  
            wrestling. 

          2)Requires a baseline test for those athletes at the beginning  
            of an athletic season, before any competitions have taken  
            place, and requires additional baseline testing at intervals  
            not to exceed 24 months. 








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          3)Requires a school district, charter school or private school  
            to provide post-injury neurocognitive testing within 72 hours  
            of an athlete sustaining any head injury. Authorizes  
            subsequent testing after abnormal post-injury tests to be  
            conducted by a licensed health care professional.

          4)Requires a school district, charter school or private school  
            to collect and maintain data on traumatic brain injuries and  
            concussions sustained by athletes during athletic competition,  
            including baseline overviews by sport and an overview of  
            normal, abnormal and follow-up post-injury tests.

          5)Requires reporting of data, preserving pupil confidentiality,  
            to county offices of education (COEs) for compilation,  
            retention, summarization and analysis. Specifies that  
            summaries include overviews of baseline results for each sport  
            and an overview of baseline, abnormal and follow-up tests.

          6)Requires a school district, charter school or private school  
            to notify the parent or guardian of each athlete in writing  
            that the results from the baseline and post-injury  
            neurocognitive testing are available upon request.  Authorizes  
            the neurocognitive testing to be shared with the student's  
            physician upon the request of the student's parent or  
            guardian.

          7)Defines "neurocognitive testing" as a comprehensive evaluation  
            of a person's cognitive status by specified neurologic  
            domains, including, but not necessarily limited to, memory,  
            attention, problem solving, language visuospatial, processing  
            speed, motor and emotion.
          8)Finds and declares the benefits of neurocognitive testing as  
            establishing a baseline of normal neurocognitive function  
            before injury, which can be followed by post-injury tests to  
            assess the degree of injury.











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          EXISTING LAW: 

          1)Limits full-contact practices, as defined, for high school and  
            middle school football and urges the California  
            Interscholastic Federation (CIF) adoption of rules to  
            implement such guidelines. (Education Code 35179.5)

          2)Requires an athlete suspected of sustaining a concussion or  
            head injury during athletic activity to be removed from that  
            activity and not be permitted to return until evaluated and  
            cleared by a licensed health care provider; urges the CIF to  
            develop rules and protocols to implement this; requires  
            athletes and parents to receive, sign and return a head injury  
            information sheet annually before practice or competition; and  
            excludes athletic activities during the regular school day or  
            as part of a physical education course.  (Education Code  
            49475)

          3)Requires a high school sports coach to complete education  
            programs developed by his or her school district and the CIF  
            and meeting specific guidelines.  (Education Code 49032)
          


          FISCAL EFFECT:  Unknown.  The Legislative Counsel has keyed this  
          bill as a state-mandated local program.


          COMMENTS:  Need for this bill. The author states that the number  
          of reported sports-related concussions among student athletes  
          has risen dramatically, including a doubling between 2002 and  
          2012.  The author adds, "Athletes who sustain concussions are at  
          greater risk of chronic traumatic encephalopathy, depression,  
          early onset dementia, and long-term brain damage," and that,  
          "young athletes experiencing head injuries are at greater risk  
          of long-term brain damage if injured during the critical stages  
          of brain development."  The author hopes that broader  
          neurocognitive testing will assist in the evaluation of  
          individual injuries and identify the incidence of sport-related  








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          concussions among young athletes.


          Neurocognitive testing is used to evaluate brain processing in a  
          variety of neurological functions related to memory, attention,  
          language, emotion and other areas. Testing can be conducted with  
          pencil and paper, or with computerized testing.  Testing can be  
          used as a baseline to gauge an athlete's condition post-injury  
          relative to performance before injury. As such, it can be a  
          factor in making decisions as to whether and when an athlete  
          should return to activity and what kinds of activity may be safe  
          for that athlete. 

          What this bill does.  This bill requires testing before  
          participation in a season of competition for school-age athletes  
          and follow-up testing in the event of a concussion or head  
          injury.  The bill also requires the collection of concussion and  
          head injury data for compilation, retention and analysis.

          Background. The dangers of concussions and head injuries in  
          sport have been a growing concern, with frequent news reports of  
          athletes, primarily football players, sustaining traumatic and  
          lasting injuries.

          Among the dramatic news reports in March alone:

          1)A representative of the National Football League testified  
            that there is a connection between football and chronic  
            traumatic encephalopathy.

          2)Women's soccer standout Brandi Chastain announced she would  
            donate her brain to science for research into head injuries.

          3)Ivy League schools announced they would eliminate full-contact  
            practices for football.

          A Purdue University study in 2015 indicated lasting brain  
          changes among high school football players, even without  
          concussions, and that changes were not completely healed at the  








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          end of an off-season. The study used brain scans and changes in  
          brain chemistry to track players more extensively than  
          neurocognitive testing.

          The growing awareness of concussion dangers has led California  
          to enact a series of bills to protect students by limiting  
          full-contact practices; requiring education and information for  
          coaches, pupils and their parents; and protocols for removing  
          students from activity after injury and for returning them to  
          play.

          This bill stems in part from actions in the author's district.   
          A few school districts in San Mateo County have sought stronger  
          protections for student athletes and have, in some cases, paid  
          for neurocognitive testing.  Following on this, the San Mateo  
          County Civil Grand Jury studied the issue and recommended, among  
          other things, that all districts in the county serving high  
          school students provide neurocognitive testing for all student  
          athletes, and recommended that the districts seek funding and  
          collect data.  The grand jury report noted that a leading  
          purveyor of the tests charges school districts $1,200 for 800  
          baseline tests.  These tests are computerized, with results  
          received automatically by the testing company.

          The California Psychological Association has a "support if  
          amended" position and states that it is seeking a technical  
          amendment in the Findings and Declarations section of the bill.   
          The Association notes that references to existing law, Education  
          Code Section 49475, are incorrectly paraphrased, and requests  
          that the term "physician" be replaced with "licensed health care  
          provider" to accurately reflect the referenced statute.
          
          Pilot project?  Requiring all school districts to implement  
          neurocognitive testing of all athletes participating in the  
          specified sports will create a significant mandate.  There are  
          1.8 million students alone participating in California  
          Interscholastic Federation sports.  Staff recommends striking  
          the requirement and establishing a four-year grant program in  
          three districts (one in northern, one in central and one in  








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          southern California) based on the parameters of the bill.   
          Operating the pilot for four years would allow districts to  
          track first year high school students through potentially four  
          years of sports activities.  Districts interested in  
          participating in the pilot shall receive funds for administering  
          baseline and post-injury neurocognitive tests to high school  
          students participating in the specified sports identified in the  
          bill and to pay for training of personnel or to consult with  
          experts on the  interpretation of post-injury test results.   
          Selection shall be based on a district's commitment to  
          participate in the pilot for four years, a commitment to submit  
          specified data to the COE and other criteria established by the  
          California Department of Education (CDE).  Within six months  
          after the conclusion of the pilot, the CDE shall, based on data  
          provided by COEs located in the districts participating in the  
          pilot program, submit a report to the appropriate policy  
          committees of the Legislature on the number of athletes that  
          received the baseline tests and the post-injury tests, and the  
          number of athletes who had taken the tests and stopped playing a  
          sport due to concussion injuries.                        

          Other amendments:

          1)Staff recommends amending the findings and declarations  
            section to replace "physicians" with "licensed health care  
            providers." 

          2)Staff recommends revising various parameters of the bill for  
            implementation through a pilot program, such as deleting  
            charter schools and private schools from the bill, deleting  
            the requirement that school districts pay for the tests, and  
            deleting specific requirements as to who administers and  
            interprets the tests.  



          3)Staff recommends revising the provision requiring submission  
            of neurocognitive testing data to the COE to instead require  
            all school districts and charter schools to submit data on the  








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            number of athletes sustaining brain injuries and concussions  
            to the COE. 

          Related legislation: AB 1639 (Maienschein), passed by this  
          Committee and pending in the Assembly Judiciary Committee,  
          requires the CDE to make available specified guidelines and  
          materials on sudden cardiac arrest, requires pupils and parents  
          to sign informational materials before athletic participation,  
          requires training of coaches, and sets requirements for action  
          in the event a pupil experiences specified symptoms.

          Previous related legislation.  AB 2127 (Cooley), Chapter 165,  
          Statutes of 2014, among other things, limits full-contact  
          practices for high school and middle school football teams for  
          concussion and head injury prevention, and requires that a  
          return-to-play protocol after concussion or head injury be no  
          less than seven days in duration.

          AB 588 (Fox), Chapter 423, Statutes of 2013, extends  
          requirements relating to students who sustain, or are suspecting  
          of sustaining, a concussion during a school-sponsored athletic  
          activity to charter schools and private schools.

          AB 25 (Hayashi), Chapter 456, Statues of 2011, among other  
          things, requires an athlete suspected of sustaining a concussion  
          or head injury to be removed from activity immediately, requires  
          written clearance from a medical health care provider for the  
          athlete's return and requires a yearly information sheet be  
          signed by an athlete and the athlete's parent or guardian.


          REGISTERED SUPPORT / OPPOSITION:




          Support










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          California Psychological Association (if amended)


          Consumer Attorneys of California




          Opposition


          None on file




          Analysis Prepared by:Carlos Alcala and Sophia Kwong Kim / ED. /  
          (916) 319-2087