Bill Text: MI HB4273 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Health; children; sudden cardiac arrest protocols; require department to develop educational materials and training program and require compliance with by certain entities that sponsor youth athletic events. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 9157 & 9158.
Spectrum: Slight Partisan Bill (Republican 11-6)
Status: (Introduced - Dead) 2013-02-20 - Printed Bill Filed 02/20/2013 [HB4273 Detail]
Download: Michigan-2013-HB4273-Introduced.html
HOUSE BILL No. 4273
February 19, 2013, Introduced by Reps. Haines, Crawford, Johnson, Slavens, MacMaster, Jacobsen, Genetski, Hovey-Wright, Kesto, Kurtz, Hobbs, Kowall, Lori, Ananich, Darany, Cavanagh and Zorn and referred to the Committee on Education.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 9157 and 9158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9157. (1) Before the expiration of 90 days after the
effective date of this section, the department shall develop,
adopt, or approve educational materials on the nature, risk, and
symptoms of sudden cardiac arrest.
(2) Before the expiration of 90 days after the effective date
of this section, the department shall develop, adopt, or approve a
sudden cardiac arrest awareness training program in an electronic
format that includes all of the following:
(a) The nature, risk, and symptoms of sudden cardiac arrest.
(b) The criteria for the removal of an athlete from physical
participation in an athletic activity due to a suspected sudden
cardiac arrest or after experiencing symptoms of sudden cardiac
arrest and his or her return to that athletic activity.
(c) The risks to an athlete of not reporting a suspected
sudden cardiac arrest or symptoms of sudden cardiac arrest and
continuing to physically participate in the athletic activity.
(3) As soon as they are available, the department shall make
the educational materials and training program required under this
section available to the public on the department's internet
website. The department shall make the training program available
to all individuals required to participate in the program under
section 9158 and to any interested individual including school
personnel, coaches, parents, students, and athletes.
(4) As used in this section and section 9158:
(a) "Appropriate health professional" means a health
professional who is licensed or otherwise authorized to engage in a
health profession under article 15 and whose scope of practice
within that health profession includes the recognition, treatment,
and management of sudden cardiac arrest.
(b) "Athletic activity" means a program or event, including
practice and competition, during which youth athletes participate
or practice to participate in an organized athletic game or
competition against another team, club, entity, or individual.
Athletic activity includes participation in physical education
classes that are part of a school curriculum.
(c) "Sudden cardiac arrest" means a life-threatening condition
that results when an individual's heart stops or fails to produce a
pulse.
(d) "Symptoms of sudden cardiac arrest" includes fainting,
difficulty breathing, chest pains, dizziness, and abnormal racing
heart rate.
(e) "Organizing entity" means any of the following:
(i) A school.
(ii) A state or local parks and recreation department or
commission or other state or local entity.
(iii) A nonprofit or for-profit entity.
(iv) A public or private entity.
(f) "School" means a nonpublic school, public school, or
public school academy as those terms are defined in section 5 of
the revised school code, 1976 PA 451, MCL 380.5.
(g) "Youth athlete" means an individual who participates in an
athletic activity and who is under 18 years of age.
Sec. 9158. (1) An organizing entity that is subject to this
section shall ensure that it is in compliance with this section
before it sponsors or operates an athletic activity in which youth
athletes will participate, if that athletic activity is subject to
this section.
(2) Before a youth athlete may participate in an athletic
activity sponsored by or operated under the auspices of an
organizing entity, the organizing entity shall do all of the
following:
(a) Comply with all the requirements of this section with
regard to its coaches, employees, volunteers, and other adults who
are involved with the participation of youth athletes in athletic
activity sponsored by or operated under the auspices of that
organizing entity and who are required to participate in the sudden
cardiac arrest awareness training program developed under section
9157.
(b) Provide the educational materials developed under section
9157 to each youth athlete who participates in an athletic activity
sponsored by or operated under the auspices of the organizing
entity and a parent or guardian of the youth athlete.
(c) Obtain a statement signed by each youth athlete and a
parent or guardian of the youth athlete acknowledging receipt of
the educational material developed under section 9157. The
organizing entity shall maintain the statement obtained under this
subdivision in a permanent file for the duration of that youth
athlete's participation in athletic activity sponsored by or
operated under the auspices of that organizing entity or until the
youth athlete is 18 years of age. Upon request, the organizing
entity shall make the statements obtained under this subdivision
available to the department.
(3) A coach or other adult employed by, volunteering for, or
otherwise acting on behalf of an organizing entity during an
athletic event sponsored by or operated under the auspices of the
organizing entity shall immediately remove from physical
participation in an athletic activity a youth athlete who is
suspected of having a sudden cardiac arrest or is exhibiting
symptoms of sudden cardiac arrest during the athletic activity. A
youth athlete who has been removed from physical participation in
an athletic activity under this subsection shall not return to
physical activity until he or she has been evaluated by an
appropriate health professional and receives written clearance from
that health professional authorizing the youth athlete's return to
physical participation in the athletic activity. The organizing
entity shall maintain a written clearance obtained under this
subsection in a permanent file for the duration of that youth
athlete's participation in athletic activity sponsored by or
operated under the auspices of that organizing entity or until the
youth athlete is 18 years of age. Upon request, the organizing
entity shall make the written clearance obtained under this
subsection available to the department.
(4) This section does not apply to an athletic activity
sponsored by or operated under the auspices of an organizing entity
if all of the following requirements are met:
(a) The entity is a member of a private nonprofit multisport
statewide interscholastic athletic association.
(b) The athletic activity is governed by a rule established by
the interscholastic athletic association described in subdivision
(a), which rule establishes sudden cardiac arrest protocols that
are substantially similar to or more stringent than the sudden
cardiac arrest protocols in the training program developed,
adopted, or approved under section 9157 and the removal from and
return to physical activity requirements of this section, and
includes an enforcement mechanism applicable to its members.
(5) This section does not apply to an entity that would
otherwise be considered an organizing entity under this section if
the primary focus of the program or event sponsored by or operated
under the auspices of that entity is not the participation in an
organized athletic game or competition but that participation is
only incidental to the primary focus of the program or event.
