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

Concussion Legislation:

Best Practices

Vicky Graham, M.S., ATC

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2011 BOC Athletic Trainer Regulatory Conference

MEDIA BLITZ

CONCUSSION POLICIES

• NFHSA

• NCAA

• NFL

• MLB

• NHL, etc


jump on the bandwagon…


Concussion Legislation

• Opportunity to promote &

advance the profession

• Educate legislators about the

profession in the context of

an important public health

issue


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


Concussion Laws

• 28 states have concussion laws

• CA, OH, others- bills pending

• 2009: Zachery Lystedt Law (WA)

• Oregon 2009

• Connecticut; MA, NJ, OK, RI 2010

• 15 passed in 2011; NC, TX


Other related legislation

• AR - Addressed in legislation not

specific to concussion

• VA – Board of Education is

required to develop guidelines re:

concussion mgmt.


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


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)


A note about state legislation…

• Every state is different

• Lots of legislative quirks

• Best practices vs. “model”

language


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


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 language


Best Practices:Concussion Education for

Coaches

• Mandatory training for all

coaches

• CE requirement

• Mechanism for oversight of

education process


Best Practices:Education for athletes &

parents

• Educate yearly

• Informed consent signed

yearly by parents (re:

concussion)

• Mechanism for insuring that

education takes place


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


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


Problem:

• Who is a “licensed health

care professional” for the

purposes of the bill?

• Which HCPs can make

a RTP determination?


Solution: Define “HCP”

• CT Public Act 10-62

• HCP is defined by statute and

includes MD/DO, PA, APRN,

AT

• Provides statutory recognition


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


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


Problem phrase?

• “…licensed health care

professional trained in

the evaluation and

management of

concussion…”


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


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


Coalition of Supporters(Paper Tigers)

• Brain Injury Association of

America

• CT Chapter of the American

Academy of Pediatrics

• CT Traumatic Brain Injury

Advisory Board


More tigers…

• Connecticut Children’s Medical Center

• Connecticut Concussion Task Force

• CT Disability Advocacy Collaborative

• CT Speech-Language-Hearing Assoc.

• National Athletic Trainers’ Association


a few more…

• Parent Heart Watch

• Safe Kids Connecticut

• Sarah Jane Brain Foundation

• Sports Legacy Institute


Proof that politics is a contact sport?


Thank You!

[email protected]

Additional Resources

• Information about Connecticut

Public Act 10-62 (concussion law)

• Fact sheet for Connecticut

concussion bill

• Talking Points on ATs & RTP

• Oregon language


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

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