BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 12, 2016


           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND  
                                   INTERNET MEDIA


                                  Kansen Chu, Chair


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


                       AS PROPOSED TO BE AMENDED IN COMMITTEE


          SUBJECT:  School athletics:  neurocognitive testing.


          SUMMARY:  Creates a baseline neurocognitive testing pilot  
          program for concussion and head injury, as defined, applying to  
          students playing interscholastic sports, as provided, and  
          requires specified schools to collect, maintain and report on  
          traumatic brain injuries sustained by any pupil during athletic  
          competition.


          Specifically, this bill:  


          1)Creates a Neurocognitive Testing Pilot Grant Program, which  
            would provide grants to schools, subject to appropriation, in  
            order to do the following:



             a)   Establish baseline neurocognitive testing of pupils  
               attending grades 9 through 12, as specified.








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          Further requires that this testing must 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.





             b)   Provide post injury neurocognitive testing of an athlete  
               who is suspected of sustaining a concussion or head injury  
               in an athletic activity.



          Mandates post injury neurocognitive tests be conducted within 72  
          hours of the occurrence of the injury.





             c)   Train personnel or to consult with experts on the  
               interpretation of post injury test results.



             d)   Report to the county office of education data that  
               includes an overview of the baseline neurocognitive testing  
               conducted for each of the sports covered under the program,  
               and an overview of normal, abnormal, and follow-up post  
               injury neurocognitive tests. The data shall also include  
               the number of athletes who discontinue participation in the  
               sport following a concussion and post injury testing.









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          2)States that the grant funds shall be used for testing of  
            pupils participating 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.


             aa)  Volleyball.


             bb)  Wrestling.










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          3)Declares that the department shall develop an application for  
            school districts interested in participating in the pilot  
            program.  



          4)Requires that school districts interested in participation  
            must commit to participating in the pilot for four years in  
            order to track students tested in grade 9 through high school.  
             



          5)Defines "Neurocognitive testing" to mean: 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.



          6)Requires the department to submit a report, as specified,  
            within six months after the conclusion of the grant program to  
            the appropriate policy committees of the Legislature with the  
            following information:



             a)   The number of athletes who received the baseline tests.



             b)   The number of athletes who received the post injury  
               tests.










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             c)   The number of athletes who had taken the tests and  
               discontinued participation in any of the sports covered  
               under the program due to concussion injuries.



          7)Requires school districts, charter schools, or private schools  
            to collect and maintain data on traumatic brain injuries and  
            concussions sustained by any of its pupils during an athletic  
            competition. 



          8)Provides that 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.



          9)Declares the bill's provisions will sunset January 1, 2022.



          10)Makes related findings and declarations.
          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  








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            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


          COMMENTS:  


          1)Author's statement in support and need for legislation.  
            According to the author, "A concussion is a traumatic brain  
            injury (TBI) caused by a bump, blow, or jolt to the head.  
            Although concussions are generally considered mild TBIs, they  
            can have serious consequences if not properly diagnosed and  
            managed. Athletes who sustain concussions are at greater risk  
            of chronic traumatic encephalopathy, depression, early onset  
            dementia, and long-term brain damage.


            "Research shows that the human brain does not fully develop  
            until a person's mid-20s. Therefore, young athletes  
            experiencing head injuries are at greater risk of long-term  
            brain damage if injured during the critical stages of brain  
            development. From 2002 to 2012 the number of reported  
            sports-related concussions among student athletes doubled.  
            This increase in reported concussions is attributed to various  
            factors, including greater awareness and recognition of TBIs.  
            However, research shows that it is likely that self-reported  
            concussion symptoms are under diagnosed, which may lead  
            athletes to return to play prematurely."










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            This bill stems in part from events in the author's district,  
            where some 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.


          2)Background: Concussions and Chronic Traumatic Encephalopathy  
            (CTE) making recent news. 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. On March  1, 2016,  
            this committee participated in a screening of the movie  
            "Concussion" featuring Dr. Bennett Omalu who discussed his  
            ground breaking research into CTE which was the focus of the  
            film, in conjunction with a discussion of the topic of sports  
            safety and concussion prevention by the California Athletic  
            Trainers' Association (CATA). In addition to a major motion  
            picture on the issue, other dramatic news reports in March  
            alone include:

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

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

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








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            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 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 (See comment 5 below).

          3)What is CTE and how is it related to concussions? According to  
            information on the website of the Bennett Omalu Foundation,  
            "Chronic Traumatic Encephalopathy (CTE) is a progressive  
            degenerative disease that afflicts the brain of people who  
            have suffered repeated concussions and traumatic brain  
            injuries (TBI). Though Bennet Omalu first discovered CTE in  
            the brain of NFL Hall of Famer Mike Webster in 2002, it was  
            previously thought to have existed in boxers, and was referred  
            to as dementia pugilistica. It has since been found in the  
            brains of more than ninety NFL players, and other athletes,  
            including wrestlers and hockey players. It has also been  
            identified in the brains of deceased military veterans,  
            domestic abuse victims, and others.

            "The brain of an individual who suffers from CTE gradually  
            deteriorates and begins to lose mass. Brain trauma can also  
            cause the accumulation of a type of protein called tau, which  
            significantly interferes with brain function. As CTE  
            progresses, it can cause memory loss, impulsive and erratic  
            behavior, difficulty with balance, impaired judgment, and  
            behavioral disturbances including aggression, depression, and  
            increased suicidality. Ultimately, CTE progresses to the onset  
            of dementia. A similar accumulation of tau protein is also  
            seen in the brains of Alzheimer's patients. CTE symptoms can  








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            manifest months or years after brain trauma, and a definitive  
            diagnosis of CTE can only be made after death by analyzing  
            brain tissue at autopsy.

            "The CDC estimates that up to 3.8 million concussions occur  
            each year, with up to ten percent of high school athletes  
            suffering from post-concussion syndrome. Trauma is also often  
            repeated: an athlete who sustains a concussion is four to six  
            times more likely to sustain a second concussion. It's not  
            well understood how these incidents of trauma progress to CTE  
            and currently there is no cure."

          4)Education Committee amendments will be taken in this  
            committee. This measure was heard in the Committee on  
            Education April 6, 2016, and in that hearing the author  
            accepted substantial amendments. Due to the approaching  
            deadline for hearing of fiscal bills and committee schedules  
            these amendments could not be put in print within the time  
            allowed by the Joint Rules, and therefore they will be adopted  
            and put into the measure in this committee. The following  
            describes the amendments:


             a)   The bill now creates a pilot project. Committee staff  
               expressed concern that requiring all school districts to  
               implement neurocognitive testing of all athletes  
               participating in the specified sports will create a  
               significant mandate, noting that there are 1.8 million  
               students participating in California Interscholastic  
               Federation sports alone. The amendments strike that  
               requirement and establish a four-year grant program in  
               three districts (one in northern, one in central and one in  
               southern California) based on the parameters of the bill.  

          According to the Education Committee analysis, 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  








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          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 county office of education (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.     
                              

             b)   Other amendments:
          
               i)     Amend the findings and declarations section to  
                 replace "physicians" with "licensed health care  
                 providers." 

               ii)    Revise 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.  

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

          5)Committee conforming language amendment suggested.









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            The pilot program language and reporting requirements  
            contained in Section 1 of the bill refer to injuries sustained  
            during "athletic activities," which would include injuries  
            which were suffered during both competition and practices.  
            However, the injury report language contained in section 2 of  
            the bill refers only to injuries sustained during "athletic  
            competition." The author has agreed to amend the bill in order  
            to conform the language of these two sections, and will amend  
            page 5, line 6, to strike the word "competition" and replace  
            it with "activity."


          6)Prior and related legislation. 

             a)   AB 2007 (McCarty), Legislation of 2016, would protect  
               youth sports participants from severe injury by requiring  
               the same protocols to be in place as those in place for  
               high school athletes. AB 2007 is currently pending before  
               this committee.

             b)   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.

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

             d)   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  








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               athlete's parent or guardian.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Psychological Association





          Consumer Attorneys of California




          Opposition


          There is no opposition on file.




          Analysis Prepared by:Dana Mitchell / A.,E.,S.,T., & I.M. / (916)  
          319-3450














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