ENGROSSED SENATE
BILL NO. 1790	By:	Anderson of the Senate

			and

		Jackson of the House

[ sports-related injuries - concussions - certain training - return to competition penalties - evaluation - immunity - effective date - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2011, Section 24-155, is amended to read as follows:
Section 24-155.  A.  Each school district board of education shall work in cooperation with the Oklahoma Secondary School Activities Association to develop the guidelines and other pertinent information and forms to inform and educate coaches, youth athletes, and their parents or guardians of the nature and risk of concussion and head injury, including continuing to play after concussion or head injury.  On an annual basis, a concussion and head injury information sheet shall be completed and returned to the school district by the youth athlete and the athlete's parent or guardian prior to the youth athlete's participation in practice or competition.
B.  A youth athlete who is suspected of sustaining a concussion or head injury during a practice or game shall be removed from participation at that time On an annual basis, coaches and officials or referees must undergo concussion training provided by the Centers for Disease Control and Prevention (CDC) or comparable program or resource.  A record of completion of training course shall be kept on record with the school district board of education.
C.  If a youth athlete practicing or competing in an interscholastic athletic event exhibits signs, symptoms, or behaviors consistent with having sustained a concussion or head injury while participating in the practice or competition, the youth athlete shall be removed from the practice or competition by any of the following:
1.  Licensed athletic trainer;
2.  Individual who is serving as the youth athlete's coach during that practice or competition; or
3.  An individual who is serving as a referee during that practice or competition.
D.  If a youth athlete is removed from practice or competition as provided in subsection C of this section, the athletic trainer, coach or referee who removed the youth athlete shall not allow the athlete, on the same day the youth athlete is removed, to return to that practice or competition or to participate in any other practice or competition for which the coach or referee is responsible, unless deemed eligible pursuant to the provisions of subsection E of this section.  
C. E.  A youth athlete who has been removed from participation as provided in subsection B C of this section may not participate until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and receives written clearance to return to participation from that health care provider.  The health care provider may be a volunteer.  A volunteer who authorizes a youth athlete to return to participation shall not be liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
F.  Respective governing boards shall establish the following minimum penalties for those individuals listed in subsection C of this section who knowingly violate subsection C or D of this section:
1.  For a first violation, suspension from involvement in any athletic activity for a period of one month;
2.  For a second violation, suspension from involvement in any athletic activity for the remainder of the season;
3.  For a third violation, permanent suspension from involvement in any athletic activity.
G.  The sponsors of youth athletic activities not associated with a school are encouraged to follow the guidance stated in this act.
H.  All school district boards, including private and charter schools who participate in athletics, must implement a return to learn protocol.
I.  A youth sports organization shall provide to the parent, guardian, or other person having care or charge of an individual who wishes to practice for or compete in an athletic activity organized by a youth sports organization the concussion and head injury information sheet provided in subsection M of this section.  The organization shall provide the information sheet annually for each sport or other category of athletic activity for or in which the individual practices or competes.
J.  If a youth athlete practicing or competing in an activity organized by a youth sports organization exhibits signs, symptoms, or behaviors consistent with having sustained a concussion or head injury while participating in the practice or competition, the youth athlete shall be removed from the practice or competition by any of the following:
1.  Licensed athletic trainer;
2.  Individual who is serving as the youth athlete's coach during that practice or competition; or
3.  An individual who is serving as a referee during that practice or competition.
K.  If a youth athlete is removed from practice or competition as provided in subsection J of this section, the licensed athletic trainer, coach or referee who removed the youth athlete shall not allow the athlete, on the same day the youth athlete is removed, to return to that practice or competition or to participate in any other practice or competition for which the coach or referee is responsible, unless deemed eligible by subsection L of this section.
L.  A youth athlete who has been removed from participation as provided in subsection J of this section may not participate until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and receives written clearance to return to participation from that health care provider.  The health care provider may be a volunteer.  A volunteer who authorizes a youth athlete to return to participation shall not be liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
M.  The State Department of Health shall create a concussion and head injury information sheet for participants in interscholastic athletics and youth sports organizations.  The Department shall include in the information sheet pertinent information to inform and educate coaches, athletes, and the parents, guardians, or other persons having care or charge of athletes of the signs and symptoms of concussion or head injury and the risks of continuing to practice for or compete in an athletic event or activity after sustaining a concussion or head injury.  The Department periodically shall review the information sheet and update it accordingly.
1.  The Department shall make the information sheet available on its internet website in a format suitable for easy downloading and printing.
2.  The Department shall provide a link on its internet website to one or more free online training programs in recognizing the symptoms of concussions and head injuries.
SECTION 2.  This act shall become effective July 1, 2014.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 5th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives