Bill Text: MS HB1284 | 2013 | Regular Session | Introduced
Bill Title: Youth sports concussions and head injuries; require athletic activity organizations to adopt policy relating to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB1284 Detail]
Download: Mississippi-2013-HB1284-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Health and Human Services
By: Representative Lamar
House Bill 1284
AN ACT TO REQUIRE THE GOVERNING BODY OF YOUTH ATHLETIC ACTIVITIES TO ADOPT A POLICY CONCERNING SPORTS CONCUSSIONS AND HEAD INJURIES; TO DEFINE CERTAIN TERMS; TO REQUIRE THE POLICY AND CONCUSSION TRAINING MATERIALS TO BE PROVIDED TO COACHES AND OFFICIALS; TO REQUIRE THE ADOPTION OF A PROTOCOL THAT MUST BE SATISFIED IN ORDER FOR A YOUTH ATHLETE TO RETURN TO PLAY AFTER SUSTAINING A CONCUSSION OR HEAD INJURY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that concussions are one (1) of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities and that continuing to play with a concussion or symptoms of head injury leaves a young athlete especially vulnerable to greater injury and even death. Accordingly, the Legislature recognizes that it is in the best interest of the state to create education, training and return-to-play protocols to be followed throughout the state.
SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in the section unless the context clearly indicates otherwise:
(a) "Health care provider" means a licensed physician or a licensed nurse practitioner, licensed physician assistant or licensed health care professional working within the person's scope of practice and under the direct supervision and written consultation of a physician.
(b) "Public recreation facility" means a recreation facility owned or leased by the State of Mississippi or a political subdivision of the state.
(c) "Youth athletic activity" means an organized athletic activity where the participants, a majority of which are seven (7) years of age or older and under nineteen (19) years of age, 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. "Youth athletic activity" does not include: college or university activities; an activity that is entered into for instructional purposes only; an athletic activity that is incidental to a nonathletic program; or a coursework lesson.
SECTION 3. The governing body of each youth athletic activity shall:
(a) Adopt and enforce a concussion and head injury policy that describes the nature and risk of:
(i) A concussion or traumatic head injury; and
(ii) Continuing to participate in an athletic activity after sustaining a concussion or traumatic head injury. The "Parent/Athlete Concussion Information Sheet" prepared by the Centers for Disease Control and Prevention ("CDC") may be adopted by the governing body of the athletic activity as its policy;
(b) Ensure that each coach and official receives annual concussion education material and a copy of the concussion and head injury policy. Training material available from the CDC entitled, "Heads Up: Concussion in Youth Sports," and any amendments or updates to the CDC material, or other training materials substantively and substantially similar to the CDC materials, along with a copy of the statutory requirements that must be satisfied in order for a youth athlete who has or is suspected to have sustained a concussion to return to play in the athletic activity, must be deemed to satisfy the education requirements of this paragraph;
(c) Before permitting a child to participate, provide a written copy of the concussion and head injury policy to a parent or legal guardian of a child; and
(d) Before permitting a child to participate, obtain the signature of a parent or legal guardian of the child acknowledging that the parent or legal guardian has read, understands and agrees to abide by the concussion and head injury policy.
SECTION 4. (1) The governing body of each youth athletic activity shall establish clearly defined protocols for the determination that any youth athlete must be removed from a game, competition or practice and not allowed to go back into the game, competition or practice for the remainder of that day if any of the following occurs:
(a) The youth athlete reports any defined sign or symptom of a concussion;
(b) The youth athlete exhibits any defined sign or symptom of a concussion; or
(c) The coach or official is notified by a licensed health care provider, parent or guardian that the youth athlete has reported or exhibited any defined sign or symptom of a concussion.
(2) A youth athlete who has or is suspected to have sustained a concussion may be allowed to return to play only after a health care provider trained in the evaluation and management of concussions clears the youth athlete to return to play in accordance with policies and protocols adopted by the governing body of the youth athlete activity.
(3) This section may not be construed to create any liability for or a cause of action against a school district, a public or private school or its officers, employees or volunteers, an organization or association of which a school or school district is a member, a private club, a public recreation facility or an athletic league if the person or entity has complied with the requirements of this act.
SECTION 5. This act shall take effect and be in force from and after July 1, 2013.
