Concussion Legislation: Best Practices Vicky Graham, M.S., ATC 2011 BOC Athletic Trainer Regulatory Conference

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CONCUSSION POLICIES NFHSA NCAA NFL MLB NHL, etc 2011 BOC Athletic Trainer Regulatory Conference

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Concussion Legislation Opportunity to promote & advance the profession Educate legislators about the profession in the context of an important public health issue 2011 BOC Athletic Trainer Regulatory Conference

Concussion Legislation Identifies ATs as experts on sports-related concussion Athlete safety is a white hat issue Brings the issue of ATs in secondary schools to the table 2011 BOC Athletic Trainer Regulatory Conference

Concussion Laws 28 states have concussion laws CA, OH, others- bills pending 2009: Zachery Lystedt Law (WA) Oregon 2009 Connecticut; MA, NJ, OK, RI passed in 2011; NC, TX 2011 BOC Athletic Trainer Regulatory Conference

Other related legislation AR - Addressed in legislation not specific to concussion VA – Board of Education is required to develop guidelines re: concussion mgmt BOC Athletic Trainer Regulatory Conference

Zachery Lystedt Law: WA Applies to school districts and athletic leagues who utilize publicly owned fields/facilities (youth sports) Requires any athlete (under age 18) suspected of having a concussion be removed from activity 2011 BOC Athletic Trainer Regulatory Conference

Lystedt cont’d RTP requires written clearance from a licensed HCP trained in the evaluation and management of concussion Must educate athletes, coaches, parents/guardians Requires parental consent yearly (concussion information form) 2011 BOC Athletic Trainer Regulatory Conference

A note about state legislation… Every state is different Lots of legislative quirks Best practices vs. “model” language 2011 BOC Athletic Trainer Regulatory Conference

Best Practices: Concussion Legislation 1)Youth & school-based sports 2)Education for coaches 3)Education for athletes & parents 4)Remove athlete from activity 5)Clearance by HCP prior to RTP 2011 BOC Athletic Trainer Regulatory Conference

Best Practices: Applies to youth & school sports Youth sport leagues Pay for play or sponsored by non-profit or business entity Interscholastic & intramural sports Public vs. private schools? WA (Lystedt), Nebraska languageNebraska language 2011 BOC Athletic Trainer Regulatory Conference

Best Practices: Concussion Education for Coaches Mandatory training for all coaches CE requirement Mechanism for oversight of education process 2011 BOC Athletic Trainer Regulatory Conference

Best Practices: Education for athletes & parents Educate yearly Informed consent signed yearly by parents (re: concussion) Mechanism for insuring that education takes place 2011 BOC Athletic Trainer Regulatory Conference

Best Practices: Removal from activity REMOVE any athlete exhibiting S & S of a possible concussion from activity immediately NO SAME DAY RTP Refer to AT or other HCP 2011 BOC Athletic Trainer Regulatory Conference

Best Practices: Medical Clearance Athlete must be cleared by a licensed health care professional prior to RTP HCPs able to clear should include athletic trainers Written clearance 2011 BOC Athletic Trainer Regulatory Conference

Problem: Who is a “licensed health care professional” for the purposes of the bill? Which HCPs can make a RTP determination? 2011 BOC Athletic Trainer Regulatory Conference

Solution: Define “HCP” CT Public Act HCP is defined by statute and includes MD/DO, PA, APRN, AT Provides statutory recognition 2011 BOC Athletic Trainer Regulatory Conference

ATs & RTP CT, IA, MA, NE, NM, NV – ATs have the ability to make RTP decisions AZ; CO: ATs involved w/graduated RTP after clearance by MD, DO, PA, APRN, or neuropsychologist 2011 BOC Athletic Trainer Regulatory Conference

RTP AK, MD, MN, OK, OR, SD, WA, UT – allow RTP to be made by “licensed HCP” or “licensed HCP trained in the evaluation and management of concussion” ND, NJ, RI – Require MD clearance 2011 BOC Athletic Trainer Regulatory Conference

Problem phrase? “…licensed health care professional trained in the evaluation and management of concussion…” 2011 BOC Athletic Trainer Regulatory Conference

Best Practices: How to be successful Be prepared Lobbyist in place Position AT assoc. as the authority Lead the way & drive the process Work w/ strategic partners Develop coalition of supporters 2011 BOC Athletic Trainer Regulatory Conference

CATA Strategic Partners Brain Injury Assoc. of CT CT Interscholastic Athletic Conf. CT Assoc. of ADs CT Coaches Assoc. CT State Medical Society CT Concussion Task Force 2011 BOC Athletic Trainer Regulatory Conference

Coalition of Supporters (Paper Tigers) Brain Injury Association of America CT Chapter of the American Academy of Pediatrics CT Traumatic Brain Injury Advisory Board 2011 BOC Athletic Trainer Regulatory Conference

More tigers… Connecticut Children’s Medical Center Connecticut Concussion Task Force CT Disability Advocacy Collaborative CT Speech-Language-Hearing Assoc. National Athletic Trainers’ Association 2011 BOC Athletic Trainer Regulatory Conference

a few more… Parent Heart Watch Safe Kids Connecticut Sarah Jane Brain Foundation Sports Legacy Institute 2011 BOC Athletic Trainer Regulatory Conference

Proof that politics is a contact sport? 2011 BOC Athletic Trainer Regulatory Conference

Thank You! 2011 BOC Athletic Trainer Regulatory Conference

Additional Resources Information about Connecticut Public Act (concussion law)Information about Connecticut Public Act (concussion law) Fact sheet for Connecticut concussion billFact sheet for Connecticut concussion bill Talking Points on ATs & RTP Oregon language 2011 BOC Athletic Trainer Regulatory Conference