Bill Text: MS SB2751 | 2014 | Regular Session | Introduced


Bill Title: Youth sports concussions and head injuries; provide procedures and education requirements.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Failed) 2014-02-04 - Died In Committee [SB2751 Detail]

Download: Mississippi-2014-SB2751-Introduced.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Health and Welfare; Education

By: Senator(s) Watson, Gandy, Gollott, Hudson, Smith, Ward, McDaniel, Sojourner, Hill, Massey, Parker, Harkins

Senate Bill 2751

AN ACT RELATIVE TO YOUTH SPORTS CONCUSSIONS AND HEAD INJURIES; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR YOUTH ATHLETE CONCUSSION POLICY REQUIREMENTS; TO REQUIRE A PROTOCOL WHICH MUST BE SATISFIED FOR A YOUTH ATHLETE TO RETURN TO PLAY AFTER SUSTAINING A CONCUSSION OR HEAD INJURY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Legislative intent.  The Legislature finds:

          (a)  Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities.

          (b)  Continuing to play with a concussion or symptoms of head injury leaves the young athlete especially vulnerable to greater injury and even death.

          (c)  The Legislature of Mississippi further recognizes that it is in the best interest of the state to create education, training, and return-to-play protocols to be followed throughout the state.

     SECTION 2.  Definitions.  As used in this section:

          (a)  "Health care provider" means a licensed physician or a licensed nurse practitioner, licensed physician assistant or licensed health care professional working within his or her scope of practice and under the direct supervision and written consultation of a physician.  All health care providers referred to within this act also must be trained in the evaluation and management of concussions.

          (b)  "Public recreation facility" means a recreation facility owned or leased by the State of Mississippi or a political subdivision thereof.

          (c)  "Youth athletic activity" means an organized athletic activity where the majority of the participants are seven (7) years of age or older and under nineteen (19) years of age, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club or entity.  "Youth athletic activity" shall not include college or university activities or an activity which is entered into for instructional purposes only, an athletic activity that is incidental to a nonathletic program, or a coursework lesson.

     SECTION 3.  Youth athlete concussion policy requirements.  The governing body of each youth athletic activity shall:

          (a)  Adopt and enforce a concussion and head injury policy that describes the nature and risk of:

               (i)  A concussion or a traumatic head injury; and

               (ii)  Continuing to participate in an athletic activity after sustaining a concussion or traumatic brain injury.

          (b)  Ensure that each coach and official receives annual concussion education material and a copy of the concussion and head injury policy.

          (c)  Before permitting a child to participate, each organization shall:

               (i)  Provide a written copy of the concussion and head injury policy to a parent or legal guardian of a child; and

               (ii)  Obtain the signature of a parent or legal guardian of the child, acknowledging that the parent or legal guardian has read, understands and agrees to abide by the concussion and head injury policy.  The CDC's "Parent/Athlete Concussion Information Sheet" (Exhibit A) can be provided for this purpose.

          (d)  Training material made available by the Centers for Disease Control and Prevention "CDC" entitled, "Heads Up:  Concussion in Youth Sports" and any amendments or updates thereto, or other training materials substantively and substantially similar to the CDC materials, along with dissemination of a copy of the statutory requirements which must be satisfied in order for a youth athlete who has or is suspected to have sustained a concussion to return to play in the athletic activity, shall be deemed to satisfy the education requirements provided for in this section.

     SECTION 4.  Protocol for removal from and return to play.

(1)  The governing body of each youth athletic activity shall establish clearly defined protocols for the determination that any youth athlete shall be removed from a game, competition or practice and shall not go back into that game, competition or practice for the remainder of that day if any of the following occurs:

          (a)  The youth athlete reports any defined sign or symptom of a concussion.

          (b)  The youth athlete exhibits any defined sign or symptom of a concussion.

          (c)  The coach or official is notified by a licensed health care provider, parent or guardian that the youth athlete has reported or exhibited any defined sign or symptom of a concussion.

     (2)  Only after determination by a health care provider operating within his or her respective scope of practice and in accordance with applicable licensure rules and regulations, using policies and protocols adopted by the governing body of the youth athlete activity, that the youth athlete who has or is suspected to have sustained a concussion is cleared to return to play shall the athlete be allowed to return to play.

     (3)  This section does not create any liability for, or create a cause of action against, a school, its officers, or its employees, volunteers, an organization or association of which a school or school district is a member, a private or public school, a private club, a public recreation facility, or an athletic league when such person or entity has complied with the provisions of this section.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2014.

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