BILL ANALYSIS Ó AB 2182 Page 1 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. AB 2182 Page 2 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. AB 2182 Page 3 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 AB 2182 Page 4 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 AB 2182 Page 5 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 AB 2182 Page 6 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 AB 2182 Page 7 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 AB 2182 Page 8 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