Bill Text: GA HB673 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Georgia's Return to Play Act of 2012; enact

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-05 - House Withdrawn, Recommitted [HB673 Detail]

Download: Georgia-2011-HB673-Comm_Sub.html

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12 LC 33 4644S

The House Committee on Health and Human Services offers the following substitute to HB 673:

A BILL TO BE ENTITLED
AN ACT

To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact "Georgia's Return to Play Act of 2012"; to provide for legislative intent; to provide for definitions; to require schools and organizations which provide youth athletic activities to provide concussion-related information to youth athletes and parents; to provide for a concussion recognition education course for coaches and others; to establish a return-to-play policy for youth athletes suffering from concussions; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as "Georgia's Return to Play Act of 2012."

SECTION 2.

Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:

"20-2-324.1.

(a) The General Assembly finds:

(1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The federal Centers for Disease Control and Prevention estimate that as many as 3.9 million sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk for long-term, chronic cognitive, physical, and emotional symptoms associated with the development of post-concussion syndrome and chronic traumatic encephalopathy, as well as the risk for catastrophic injuries or even death, is significant when a concussion or head injury is not properly recognized, evaluated, and managed;

(2) Continuing to play with a concussion or symptoms of head injury leaves a youth athlete especially vulnerable to greater injury and even death. Despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play resulting in actual or potential physical injury or death to youth athletes in the State of Georgia; and

(3) It is in the best interest of the state to create a uniform education, training, and return-to-play protocol to be followed throughout the state.

(b) As used in this Code section, the term:

(1) 'Health care provider' means a licensed physician or another licensed individual under the supervision of a licensed physician, such as a nurse practitioner, physician assistant, or athletic trainer, who has received training in neuropsychology or concussion evaluation and management.

(2) 'Public recreation facility' means a recreation facility owned or leased by the state or a political subdivision thereof.

(3) 'Youth athlete' means a participant in an organized athletic activity, including a cheerleader for any such activity, who is seven years of age or older and under 19 years of age.

(4) 'Youth athletic activity' means an organized athletic activity in which the majority of the participants are youth athletes 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. This term 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 lesson.

(c) The local board of education and the governing board of each nonpublic elementary school, middle school, and high school shall:

(1) Prior to the beginning of each athletic season and preseason activities of a youth athletic activity, provide an information sheet to all coaches and to all youth athletes and their parents or legal guardian which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury and require, that as a condition of participation in such youth athletic activity, the youth athlete's parent or legal guardian, or the youth athlete, if he or she is an emancipated minor or has reached the age of majority, sign an acknowledgment of receipt of such information sheet. The information sheet shall include the requirements contained in paragraph (3) of this subsection regarding the procedures to be followed for a youth athlete who has or is suspected to have suffered a concussion or head injury to return to play;

(2) Require each coach of a youth athletic activity employed by the school system and other school system personnel designated by the school to complete an annual concussion recognition education course and certify in writing that he or she has completed such course. Such course shall include the following information:

(A) How to recognize the signs of and symptoms of a concussion;

(B) The necessity of obtaining proper medical attention for a person suspected of having sustained a concussion; and

(C) The nature and risk of concussions, including the danger of continuing to play athletics after sustaining a concussion and the proper method and requirements contained in paragraph (3) of this subsection which must be satisfied in order for a youth athlete to return to play in the athletic activity.

The Department of Public Health shall endorse one or more concussion recognition education courses, at least one of which shall be available online. Such course or courses may include training materials made available by the federal Centers for Disease Control and Prevention or other training materials substantively and substantially similar to such materials;

(3) Comply with the following procedures in the event of an injury or suspected injury to a youth athlete participating in a youth athletic activity:

(A) A coach or other designated personnel who is required to complete a concussion recognition education program pursuant to this subsection shall immediately remove any youth athlete from a game, competition, tryout, or practice if any of the following occurs:

(i) The youth athlete reports any defined sign or symptom of a concussion and is reasonably suspected of having sustained a concussion;

(ii) He or she determines that the youth athlete exhibits any defined sign or symptom of a concussion and he or she reasonably suspects that the youth athlete has sustained a concussion; or

(iii) He or she is notified by a health care provider that the youth athlete has reported or exhibited any defined sign or symptom of a concussion and is reasonably suspected of sustaining a concussion;

(B) If a youth athlete is removed from play pursuant to subparagraph (A) of this paragraph and the signs and symptoms cannot be readily explained by a condition other than concussion, the coach or other designated personnel shall notify the youth athlete's parent or legal guardian and shall not permit the youth athlete to return to play or participate in any supervised team activities involving physical exertion, including games, competitions, tryouts, or practices, that day and until the youth athlete is evaluated by a health care provider and receives written clearance from the health care provider for a full or graduated return to play. It is strongly recommended that such youth athlete complete a computerized cognitive assessment prior to returning to play to serve as one measure in assisting a health care provider in evaluating a youth athlete's readiness to return to play; and

(C) After a youth athlete who has sustained a concussion or head injury has been evaluated and received clearance from a health care provider for a graduated return to play, a school or local school system or nonpublic school may allow a licensed athletic trainer with specific knowledge of the youth athlete's condition to manage the youth athlete's graduated return to play; and

(4) Strongly urge youth athletes, both male and female, participating in high impact athletic activities, such as baseball, basketball, cheerleading, football, lacrosse, soccer, and wrestling, to complete a computerized cognitive assessment for the purpose of establishing a baseline for such youth athletes in the event of a concussion or other injury.

(d) Each public recreation facility, business, and nonprofit organization which organizes youth athletic activities in which there is a participation fee shall, prior to the beginning of each athletic season and preseason activities of a youth athletic activity, provide an information sheet to all coaches and officiating personnel and to all youth athletes and their parents or legal guardian which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury and require, that as a condition of participation in such youth athletic activity, the youth athlete's parent or legal guardian, or the youth athlete, if he or she is an emancipated minor or has reached the age of majority, sign an acknowledgment of receipt of such information sheet. It is strongly encouraged that each coach and all officiating personnel for a youth athletic activity complete an annual concussion recognition education course which meets the same requirements contained in paragraph (2) of subsection (c) of this Code section and that each public recreation facility, business, and nonprofit organization which organizes youth athletic activities follow the return to play and removal procedures contained in paragraph (3) of subsection (c) of this Code section.

(e) The Department of Public Health shall make available on its website a copy of the requirements contained in this Code section and information or referrals to information regarding the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury.

(f)(1) This Code section shall not create any liability for, or create a cause of action against, a local board of education, an athletic organization or association of which a school or local school system is a member, a nonpublic school, a public recreation facility, a business, a nonprofit organization, or the officers or employees of any such entities, when such person or entity has complied with the provisions of this Code section.

(2) This Code section shall not create any duty or liability for, or create a cause of action against, any volunteer or any health care provider or any other licensed health care professional for any act or omission to act related to the removal or nonremoval of a youth athlete from a game, competition, tryout, or practice pursuant to this Code section."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.