Bill Text: IA HF2442 | 2017-2018 | 87th General Assembly | Amended
Bill Title: A bill for an act providing for brain injury policies for certain extracurricular interscholastic activities, and including applicability provisions. (Formerly HF 2006.) Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-04-26 - Signed by Governor. H.J. 882. [HF2442 Detail]
Download: Iowa-2017-HF2442-Amended.html
House File 2442 - Reprinted HOUSE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 2006) (As Amended and Passed by the House March 7, 2018) A BILL FOR 1 An Act providing for brain injury policies for certain 2 extracurricular interscholastic activities, and including 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: HF 2442 (5) 87 je/rj/md PAG LIN 1 1 Section 1. Section 280.13C, Code 2018, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 280.13C Concussion and brain injury policies. 1 5 1. Legislative findings. The general assembly finds and 1 6 declares all of the following: 1 7 a. Concussions are one of the most commonly reported 1 8 injuries in children and adolescents who participate in sports 1 9 and recreational activities. A concussion is caused by a blow 1 10 or motion to the head or body that causes the brain to move 1 11 rapidly inside the skull. The risk of catastrophic injuries or 1 12 death is significant when a concussion or head injury is not 1 13 properly evaluated and managed. 1 14 b. Concussions are a type of brain injury that can range 1 15 from mild to severe and can disrupt the way the brain normally 1 16 works. Concussions can occur in any organized or unorganized 1 17 sport or recreational activity and can result from a fall or 1 18 from players colliding with each other, the ground, or with 1 19 obstacles. Concussions can occur with or without loss of 1 20 consciousness, but the vast majority of concussions occur 1 21 without loss of consciousness. 1 22 c. Continuing to play with a concussion or symptoms of a 1 23 brain injury leaves a young athlete especially vulnerable to 1 24 greater injury and even death. The general assembly recognizes 1 25 that, despite having generally recognized return=to=play 1 26 standards for concussions and head injuries, some affected 1 27 youth athletes are prematurely returned to play or expected 1 28 to learn at full capability, resulting in prolonged symptoms, 1 29 actual or potential physical injury, or death to youth athletes 1 30 in this state. 1 31 d. A concussion can impair not only the physical abilities 1 32 of a student athlete, but can also affect how a student athlete 1 33 thinks, acts, feels, and learns. A student athlete who has 1 34 sustained a concussion may need informal or formal adjustments, 1 35 accommodations, modifications of curriculum, and monitoring 2 1 by medical or educational staff until the student is fully 2 2 recovered. To that end, the department of public health, in 2 3 coordination with the Iowa high school athletic association 2 4 and the Iowa girls high school athletic union, shall establish 2 5 and disseminate to all schools in this state a return=to=learn 2 6 protocol that is based on peer=reviewed scientific evidence 2 7 consistent with federal guidelines. Furthermore, all schools 2 8 in this state shall adopt such protocols. 2 9 2. Definitions. For the purposes of this section: 2 10 a. "Contest" means an interscholastic athletic game or 2 11 competition. 2 12 b. "Contest official" means a referee, umpire, judge, or 2 13 other official in an athletic contest who is registered with 2 14 the Iowa high school athletic association or the Iowa girls 2 15 high school athletic union. 2 16 c. "Extracurricular interscholastic activity" means any 2 17 extracurricular interscholastic activity, contest, or practice, 2 18 including sports, dance, or cheerleading. 2 19 d. "Licensed health care provider" means a physician, 2 20 physician assistant, chiropractor, advanced registered nurse 2 21 practitioner, nurse, physical therapist, or athletic trainer 2 22 licensed by a board designated under section 147.13. 2 23 3. Training. 2 24 a. The department of public health, Iowa high school 2 25 athletic association, and the Iowa girls high school athletic 2 26 union shall work together to develop training materials and 2 27 courses regarding concussions and brain injuries, including 2 28 training regarding evaluation, prevention, symptoms, risks, 2 29 and long=term effects of concussions and brain injuries. Each 2 30 coach or contest official shall complete such training at least 2 31 every two years. 2 32 b. Individuals required to complete training pursuant to 2 33 this subsection shall submit proof of such completion to the 2 34 board of directors of the school district or the authorities in 2 35 charge of the accredited nonpublic school within thirty days 3 1 of such completion. 3 2 4. Guidelines and information sheet. 3 3 a. The department of public health, Iowa high school 3 4 athletic association, and the Iowa girls high school athletic 3 5 union shall work together to distribute the centers for 3 6 disease control and prevention guidelines and other pertinent 3 7 information to inform and educate coaches, students, and 3 8 the parents and guardians of students of the risks, signs, 3 9 symptoms, and behaviors consistent with a concussion or brain 3 10 injury, including the danger of continuing to participate in 3 11 extracurricular interscholastic activities after suffering a 3 12 concussion or brain injury and their responsibility to report 3 13 such signs, symptoms, and behaviors if they occur. 3 14 b. Annually, each school district and nonpublic school 3 15 shall provide to the parent or guardian of each student a 3 16 concussion and brain injury information sheet, as provided by 3 17 the department of public health, the Iowa high school athletic 3 18 association, and the Iowa girls high school athletic union. 3 19 The student and the student's parent or guardian shall sign and 3 20 return a copy of the concussion and brain injury information 3 21 sheet to the student's school prior to the student's 3 22 participation in any extracurricular interscholastic activity. 3 23 5. Removal from participation. 3 24 a. If a student's coach, contest official, or licensed 3 25 health care provider observes signs, symptoms, or behaviors 3 26 consistent with a concussion or brain injury in an 3 27 extracurricular interscholastic activity, the student shall be 3 28 immediately removed from participation. 3 29 b. A student who has been removed from participation shall 3 30 not recommence such participation until the student has been 3 31 evaluated by a licensed health care provider trained in the 3 32 evaluation and management of concussions and other brain 3 33 injuries and the student has received written clearance to 3 34 return to participation from the licensed health care provider. 3 35 6. Return=to=play and return=to=learn protocols. The 4 1 department of public health, the department of education, the 4 2 Iowa high school athletic association, and the Iowa girls 4 3 high school athletic union shall work together to develop 4 4 a return=to=play protocol and a return=to=learn protocol, 4 5 based on peer=reviewed scientific evidence consistent with the 4 6 guidelines of the centers for disease control and prevention 4 7 of the United States department of health and human services, 4 8 for a student's return to participation in an extracurricular 4 9 interscholastic activity and in the classroom after showing 4 10 signs, symptoms, or behaviors consistent with a concussion 4 11 or brain injury. The board of directors of each school 4 12 district and the authorities in charge of each accredited 4 13 nonpublic school with enrolled students who participate in an 4 14 extracurricular interscholastic activity which is a contest in 4 15 grades seven through twelve shall adopt such protocols. 4 16 7. Protective gear. For school budget years beginning on 4 17 or after July 1, 2018, the board of directors of each school 4 18 district and the authorities in charge of each accredited 4 19 nonpublic school with enrolled students who participate 4 20 in an extracurricular interscholastic activity which is a 4 21 contest in grades seven through twelve shall provide students 4 22 participating in such contests with any protective gear, 4 23 including but not limited to helmets and pads required for the 4 24 activity by law, by the rules for such contests, or by Iowa 4 25 high school athletic association or Iowa girls high school 4 26 athletic union guidelines. However, an individual student 4 27 is responsible for other protective gear that the individual 4 28 student needs but that is not required for participation in the 4 29 contest as provided in this subsection. 4 30 8. Liability. 4 31 a. A school district or accredited nonpublic school that 4 32 fully implements the protocols required by this section and 4 33 provides a licensed health care provider at a contest shall 4 34 not be liable for any claim for injuries or damages based upon 4 35 the actions or inactions of the licensed health care provider 5 1 present at the contest at the request of the school district 5 2 or accredited nonpublic school so long as the licensed health 5 3 care provider acts reasonably and in good faith and in the best 5 4 interest of the student athlete and without undue influence of 5 5 the school district or accredited nonpublic school or coaching 5 6 staff employed by the school district or accredited nonpublic 5 7 school. 5 8 b. A licensed health care provider providing care without 5 9 compensation for a school district or accredited nonpublic 5 10 school under this section shall not be liable for any claim for 5 11 injuries or damages arising out of such care so long as the 5 12 licensed health care provider acts reasonably and in good faith 5 13 and in the best interest of the student athlete and without 5 14 undue influence of the school district or accredited nonpublic 5 15 school or coaching staff employed by the school district or 5 16 accredited nonpublic school. 5 17 9. Recommendations. The advisory council on brain 5 18 injuries established pursuant to section 135.22A shall make 5 19 recommendations to the governor on the prevention, diagnosis, 5 20 and treatment of brain injuries in student athletes, including 5 21 baseline and post=concussion testing and diagnosis of student 5 22 athletes, return=to=play and return=to=learn guidelines, 5 23 training for school educators, coaches, athletic directors, 5 24 and athletic trainers, delivery of post=concussive management 5 25 services, and ways to integrate education, training, and 5 26 diagnostic programs into school programs. 5 27 Sec. 2. APPLICABILITY. A person required to complete 5 28 training pursuant to section 280.13C, subsection 3, as enacted 5 29 by this Act, has until July 1, 2019, to initially complete such 5 30 training. 5 31 Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance 5 32 with section 25B.2, subsection 3, the state cost of requiring 5 33 compliance with any state mandate included in this division 5 34 of this Act shall be paid by a school district from state 5 35 school foundation aid received by the school district under 6 1 section 257.16. This specification of the payment of the state 6 2 cost shall be deemed to meet all of the state funding=related 6 3 requirements of section 25B.2, subsection 3, and no additional 6 4 state funding shall be necessary for the full implementation of 6 5 this Act by and enforcement of this Act against all affected 6 6 school districts. HF 2442 (5) 87 je/rj/md
