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Concussion Legislation: Best Practices

This presentation at the 2011 BOC Athletic Trainer Regulatory Conference discusses the importance of concussion legislation and highlights best practices for promoting athlete safety and advancing the athletic training profession.

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Concussion Legislation: Best Practices

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

  2. 2011 BOC Athletic Trainer Regulatory Conference Trending Now:

  3. MEDIA BLITZ

  4. 2011 BOC Athletic Trainer Regulatory Conference CONCUSSION POLICIES • NFHSA • NCAA • NFL • MLB • NHL, etc

  5. 2011 BOC Athletic Trainer Regulatory Conference jump on the bandwagon…

  6. 2011 BOC Athletic Trainer Regulatory Conference Concussion Legislation • Opportunity to promote & advance the profession • Educate legislators about the profession in the context of an important public health issue

  7. 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

  8. 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 2010 • 15 passed in 2011; NC, TX

  9. 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.

  10. 2011 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

  11. 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)

  12. 2011 BOC Athletic Trainer Regulatory Conference A note about state legislation… • Every state is different • Lots of legislative quirks • Best practices vs. “model” language

  13. 2011 BOC Athletic Trainer Regulatory Conference Best Practices: Concussion Legislation Youth & school-based sports Education for coaches Education for athletes & parents Remove athlete from activity Clearance by HCP prior to RTP

  14. 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 language

  15. 2011 BOC Athletic Trainer Regulatory Conference Best Practices:ConcussionEducation for Coaches • Mandatory training for all coaches • CE requirement • Mechanism for oversight of education process

  16. 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

  17. 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

  18. 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

  19. 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?

  20. 2011 BOC Athletic Trainer Regulatory Conference Solution: Define “HCP” • CT Public Act 10-62 • HCP is defined by statute and includes MD/DO, PA, APRN, AT • Provides statutory recognition

  21. 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

  22. 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

  23. 2011 BOC Athletic Trainer Regulatory Conference Problem phrase? • “…licensed health care professional trained in the evaluation and management of concussion…”

  24. 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

  25. 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

  26. 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

  27. 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

  28. 2011 BOC Athletic Trainer Regulatory Conference a few more… • Parent Heart Watch • Safe Kids Connecticut • Sarah Jane Brain Foundation • Sports Legacy Institute

  29. 2011 BOC Athletic Trainer Regulatory Conference Proof that politics is a contact sport?

  30. Thank You! vgraham7atc@yahoo.com 2011 BOC Athletic Trainer Regulatory Conference

  31. 2011 BOC Athletic Trainer Regulatory Conference Additional Resources • Information about Connecticut Public Act 10-62 (concussion law) • Fact sheet for Connecticut concussion bill • Talking Points on ATs & RTP • Oregon language

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