HOUSE BILL REPORT

SSB 6190

BYSenate Committee on Health & Long Term Care (originally sponsored by Senators West, Kreidler, Wojahn, Bailey, Nelson, McDonald, Warnke, Niemi, Conner and Stratton)

Providing for the prevention of head injuries.

House Committe on Health Care

Majority Report:  Do pass as amended.  (9)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Morris, Prentice, D. Sommers, Sprenkle and Wolfe.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Chandler and Vekich.

House Staff:Bill Hagens (786-7131)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Health Care as such amendment is amended by Committee on Appropriations.  (17)

      Signed by Representatives Locke, Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Belcher, Bowman, Brekke, Ferguson, Hine, Inslee, May, Nealey, Rust, Sayan, Spanel, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (6)

      Signed by Representatives Grant, Vice Chair; Youngsman, Assistant Ranking Republican Member; Brough, Dorn, Ebersole and McLean.

House Staff:      Bill Hagens (786-7131) and Michelle Hauth (786-7384)

AS PASSED HOUSE MARCH 1, 1990

BACKGROUND:

The Department of Health reports that traumatic brain injury or head injury " ... is a leading cause of premature death and lifelong disability in Washington State."  There are almost 5,000 new head injury patients hospitalized annually in Washington.  Almost half (45.4 percent) are under age 25.  Seventy percent are 44 years of age or younger.

More than half of all head injuries (57 percent) are due to motor vehicle related accidents.  Falls, assaults, and recreational accidents account for the remainder.

Medical care for a single case of head injury can range from $7,677 for initial hospitalization to $162,000 for long term rehabilitation.  In fiscal year 1986, hospital care for head injury patients cost some $36 million with 42 percent of these costs coming from public programs.  Head injury patients account for more than one third of the patients receiving $47,500 or more in medical care annually through the state Medicaid program.

A December, 1989 Department of Health report indicates that effective measures exist to prevent head injury including stiffer penalties for drunk driving, seat belt use, mandatory use of helmets for motorcyclists and bicyclists, use of child seat belts and child car seats; education regarding pedestrian, bicycle, and auto safety, and other means.

SUMMARY:

The act is to be known and cited as the Head Injury Prevention Act of 1990.  The terms "head injury" and "traumatic brain injury" are declared to have the same meaning within the act.

A head injury prevention program is created in the Department of Health.  The program must identify and coordinate public education efforts now underway designed to prevent traumatic brain injury.  If the department finds such programs are not available or not in use, it may, within funds appropriated, provide grants to promote such efforts.

The department may assess or contract for the assessment of the effectiveness of traumatic brain injury prevention education efforts initiated by any agency of state government. Additional funds may be sought from federal or private sources.

The Department of Health, the Department of Licensing, and the Traffic Safety Commission shall cooperate in developing education and testing tools to increase driver awareness in methods for avoiding accidents.

A statewide traumatic brain injury registry is established to collect information on the incidence, severity, and causes of traumatic brain injury.  Information from the registry is to be used in the design of future prevention and treatment programs.  The Department of Health must report to the Legislature on the cost and feasibility of expanding the registry to include information on neck and minor brain injury.

The Department of Health must prepare guidelines on relevant training and education materials regarding traumatic brain injury for health and education professionals and law enforcement and public safety officials.  The guidelines and recommendations for training and education requirements for health professionals or educators must be distributed to educational service districts and to all health professional regulatory authorities.

It is unlawful for any person to operate or ride upon motorcycles, motor-driven cycles or mopeds on a state highway, county road, or city street unless wearing a protective helmet approved by the State Patrol.  Exceptions are made for operators of antique motor driven cycles licenses as motorcycles and motor driven cycles equipped with state patrol approved seat belts and a roll bar.

No motorcycle or moped may be rented out unless the person renting it has an approved helmet in his or her possession.

$49,000 is appropriated from the Public Safety and Education Account to the Department of Health for the prevention program set forth in this act.

Appropriation:    $49,000 from the Public Safety and Education Account to the Department of Health.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Health Care)  Representative Ferguson; Carole Washburn and Eileen Casten, Department of Health; Anthony Screws, Washington State Head Injury Foundation; and Patty Joynes, Washington State Nurses Association.

(Appropriations)  Susie Tracy, Washington State Medical Association and Washington Ambulance Association.

House Committee - Testified Against:      (Health Care)  Jim Salatino, Bob Stewart, and Dennis Weston, Bike PAC of Washington; Robin Torner, ABATE; William Bayness; Grant Smith; and Brad and Jeannette Banner, ABATE.

(Appropriations)  Jim Salatino, Bike PAC of Washington; Robin Torner, ABATE;  and Alan Brittenham, Citizen.

House Committee - Testimony For:    (Health Care)  The protection provided by a helmet will not only save lives and help prevent debilitating injuries, but also save the state medical expenses paid as a result of these injuries.  Other states that have mandatory helmet laws show a reduction in injury related accidents.  The establishment of a statewide trauma registry will help assess the extent and nature of head and neck injury accidents.  This in turn will allow the state to come up with better ways to protect the public.

(Appropriations)  Same as Committee on Health Care.

House Committee - Testimony Against:      (Health Care)  The use of a helmet should be an individual right.  Helmets are a hazard because of reduced visibility, hearing loss, and a possible increase in neck injuries.  Motorcycles are a recreation vehicle and should not be categorized with automobiles in accidents statistics.  More data are needed to prove that helmets protect individuals from head injuries.  It is automobiles that cause motorcycles to have accidents.  More motorcycle safety programs are needed, not a helmet law.

(Appropriations)  Same as Committee on Health Care.