Bill Text: MI SB0352 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Health; education; training program and written clearance form regarding concussions in youth athletes and their return to athletic activity; specify frequency of training and modify definition of youth athlete. Amends secs. 9155 & 9156 of 1978 PA 368 (MCL 333.9155 & 333.9156).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-10-31 - Assigned Pa 0137'17 With Immediate Effect [SB0352 Detail]
Download: Michigan-2017-SB0352-Engrossed.html
SB-0352, As Passed House, October 5, 2017
SB-0352, As Passed Senate, June 14, 2017
SENATE BILL No. 352
May 2, 2017, Introduced by Senators PROOS, MACGREGOR and BRANDENBURG and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156),
section 9155 as added by 2012 PA 342 and section 9156 as added by
2012 PA 343.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9155. (1) Before the expiration of 90 days after the
effective
date of this section, June
27, 2013, the department shall
develop, adopt, or approve educational materials on the nature and
risk of concussions.
(2)
Before the expiration of 90 days after the effective date
of
this section, June 27, 2013, the department shall develop,
adopt, or approve a concussion awareness training program in an
electronic format that includes all of the following:
(a) The nature and risk of concussions.
(b) The criteria for the removal of an athlete from physical
participation in an athletic activity due to a suspected concussion
and his or her return to that athletic activity.
(c) The risks to an athlete of not reporting a suspected
concussion 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 9156 and to any interested individual including school
personnel, coaches, parents, students, and athletes. The department
shall periodically review the training program required under this
section and, for purposes of section 9156, make recommendations
regarding the frequency of the training program based on changes to
the training program that are developed, adopted, or approved by
the department.
(4) As used in this section and section 9156:
(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 concussions.
(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) "Concussion" means a type of traumatic brain injury as
recognized
by the centers for disease control and prevention.
Centers for Disease Control and Prevention. A concussion may cause
a
change in a person's an
individual's mental status at the time
of
the injury, including, but not limited to, feeling dazed,
disoriented, or confused, and may or may not involve a loss of
consciousness. A concussion may be caused by any type of accident
or injury including, but not limited to, the following:
(i) A fall.
(ii) A blow, bump, or jolt to the head or body.
(iii) The shaking or spinning of the head or body.
(iv) The acceleration and deceleration of the head.
(d) "Institution of higher education" means a degree or
certificate granting public or private college or university,
junior college, or community college.
(e)
(d) "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) (e)
"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) (f)
"Youth athlete" means an
individual who participates
in an athletic activity and who is under 18 years of age. Youth
athlete does not include an individual who is 17 years of age and
enrolled solely in an institution of higher education.
Sec. 9156. (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
concussion awareness training program developed under section 9155.
(b) Ensure that each coach, employee, volunteer, and other
adult who is required to participate in the concussion awareness
training program developed under section 9155 completes the
training program once every 3 years, unless the department
recommends more frequent training.
(c)
(b) Provide the educational materials developed under
section 9155 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.
(d) (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 9155. 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 sustaining a concussion 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 concussion protocols that are
substantially similar to or more stringent than the concussion
protocols in the training program developed, adopted, or approved
under section 9155 and the removal from and return to physical
activity requirements of this section, and includes an enforcement
mechanism on 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
