Bill Text: OH HB143 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: With regard to concussions and head injuries in youth sports.

Spectrum: Moderate Partisan Bill (Democrat 22-7)

Status: (Passed) 2013-03-27 - Effective Date [HB143 Detail]

Download: Ohio-2011-HB143-Engrossed.html

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As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 143

Representatives Stinziano, O'Brien 

Cosponsors: Representatives Grossman, Mallory, Milkovich, Hagan, R., Foley, Clyde, Letson, Yuko, Reece, Combs, Murray, Garland, Antonio, Henne, Sears, Ashford, Boyce, Carney, Celebrezze, Celeste, Goyal, Hackett, Newbold, Pillich, Ramos, Sprague, Williams 

Senators Tavares, Bacon, Beagle, Brown, Cafaro, Eklund, Faber, Gentile, Hite, Hughes, Jones, Kearney, LaRose, Lehner, Manning, Niehaus, Obhof, Oelslager, Patton, Peterson, Sawyer, Schaffer, Seitz, Skindell, Turner, Wagoner, Widener 

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A BILL

To amend sections 3314.03, 3319.303, and 3326.11 and

1

to enact sections 3313.539, 3314.142, 3326.27,

2

3707.51, 3707.511, and 3707.52 of the Revised Code

3

with regard to concussions and head injuries in

4

youth sports.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3314.03, 3319.303, and 3326.11 be	6
amended and sections 3313.539, 3314.142, 3326.27, 3707.51,	7
3707.511, and 3707.52 of the Revised Code be enacted to read as	8
follows:	9

Sec. 3313.539. (A) As used in this section, "physician" means	10
a person authorized under Chapter 4731. of the Revised Code to	11
practice medicine and surgery or osteopathic medicine and surgery.	12

(B) No school district board of education or governing	13
authority of a chartered or nonchartered nonpublic school shall	14
permit a student to practice for or compete in interscholastic	15
athletics until the student has submitted, to a school official	16
designated by the board or governing authority, a form signed by	17
the parent, guardian, or other person having care or charge of the	18
student stating that the student and the parent, guardian, or	19
other person having care or charge of the student have received	20
the concussion and head injury information sheet required by	21
section 3707.52 of the Revised Code. A completed form shall be	22
submitted each school year, as defined in section 3313.62 of the	23
Revised Code, for each sport or other category of interscholastic	24
athletics for or in which the student practices or competes.	25

(C)(1) No school district board of education or governing	26
authority of a chartered or nonchartered nonpublic school shall	27
permit an individual to coach interscholastic athletics unless the	28
individual holds a pupil-activity program permit issued under	29
section 3319.303 of the Revised Code for coaching interscholastic	30
athletics.	31

(2) No school district board of education or governing	32
authority of a chartered or nonchartered nonpublic school shall	33
permit an individual to referee interscholastic athletics unless	34
the individual holds a pupil-activity program permit issued under	35
section 3319.303 of the Revised Code for coaching interscholastic	36
athletics or presents evidence that the individual has	37
successfully completed, within the previous three years, a	38
training program in recognizing the symptoms of concussions and	39
head injuries to which the department of health has provided a	40
link on its internet web site under section 3707.52 of the Revised	41
Code or a training program authorized and required by an	42
organization that regulates interscholastic conferences or events.	43

(D) If a student practicing for or competing in an	44
interscholastic athletic event exhibits signs, symptoms, or	45
behaviors consistent with having sustained a concussion or head	46
injury while participating in the practice or competition, the	47
student shall be removed from the practice or competition by	48
either of the following:	49

(1) The individual who is serving as the student's coach	50
during that practice or competition;	51

(2) An individual who is serving as a referee during that	52
practice or competition.	53

(E)(1) If a student is removed from practice or competition	54
under division (D) of this section, the coach or referee who	55
removed the student shall not allow the student, on the same day	56
the student is removed, to return to that practice or competition	57
or to participate in any other practice or competition for which	58
the coach or referee is responsible. Thereafter, the coach or	59
referee shall not allow the student to return to that practice or	60
competition or to participate in any other practice or competition	61
for which the coach or referee is responsible until both of the	62
following conditions are satisfied:	63

(a) The student's condition is assessed by either of the	64
following:	65

(i) A physician;

66

(ii) Any other licensed health care provider the school	67
district board of education or governing authority of the	68
chartered or nonchartered nonpublic school, pursuant to division	69
(E)(2) of this section, authorizes to assess a student who has	70
been removed from practice or competition under division (D) of	71
this section.	72

(b) The student receives written clearance that it is safe	73
for the student to return to practice or competition from a	74
physician or from another licensed health care provider authorized	75
pursuant to division (E)(2) of this section to grant the	76
clearance.	77

(2) A school district board of education or governing	78
authority of a chartered or nonchartered nonpublic school may	79
authorize a licensed health care provider who is not a physician	80
to make an assessment or grant a clearance for purposes of	81
division (E)(1) of this section only if the provider is acting in	82
accordance with one of the following, as applicable to the	83
provider's authority to practice in this state:	84

(a) In consultation with a physician;

85

(b) Pursuant to the referral of a physician;

86

(c) In collaboration with a physician;

87

(d) Under the supervision of a physician.

88

(3) A physician or other licensed health care provider who	89
makes an assessment or grants a clearance for purposes of division	90
(E)(1) of this section may be a volunteer.	91

(F) A school district board of education or governing	92
authority of a chartered or nonchartered nonpublic school that is	93
subject to the rules of an interscholastic conference or an	94
organization that regulates interscholastic conferences or events	95
shall be considered to be in compliance with divisions (B), (D),	96
and (E) of this section, as long as the requirements of those	97
rules are substantially similar to the requirements of divisions	98
(B), (D), and (E) of this section.	99

(G)(1) A school district, member of a school district board	100
of education, or school district employee or volunteer, including	101
a coach or referee, is not liable in damages in a civil action for	102
injury, death, or loss to person or property allegedly arising	103
from providing services or performing duties under this section,	104
unless the act or omission constitutes willful or wanton	105
misconduct.	106

This section does not eliminate, limit, or reduce any other	107
immunity or defense that a school district, member of a school	108
district board of education, or school district employee or	109
volunteer, including a coach or referee, may be entitled to under	110
Chapter 2744. or any other provision of the Revised Code or under	111
the common law of this state.	112

(2) A chartered or nonchartered nonpublic school or any	113
officer, director, employee, or volunteer of the school, including	114
a coach or referee, is not liable in damages in a civil action for	115
injury, death, or loss to person or property allegedly arising	116
from providing services or performing duties under this section,	117
unless the act or omission constitutes willful or wanton	118
misconduct.	119

Sec. 3314.03.  A copy of every contract entered into under	120
this section shall be filed with the superintendent of public	121
instruction. The department of education shall make available on	122
its web site a copy of every approved, executed contract filed	123
with the superintendent under this section.	124

(A) Each contract entered into between a sponsor and the	125
governing authority of a community school shall specify the	126
following:	127

(1) That the school shall be established as either of the	128
following:	129

(a) A nonprofit corporation established under Chapter 1702.	130
of the Revised Code, if established prior to April 8, 2003;	131

(b) A public benefit corporation established under Chapter	132
1702. of the Revised Code, if established after April 8, 2003.	133

(2) The education program of the school, including the	134
school's mission, the characteristics of the students the school	135
is expected to attract, the ages and grades of students, and the	136
focus of the curriculum;	137

(3) The academic goals to be achieved and the method of	138
measurement that will be used to determine progress toward those	139
goals, which shall include the statewide achievement assessments;	140

(4) Performance standards by which the success of the school	141
will be evaluated by the sponsor;	142

(5) The admission standards of section 3314.06 of the Revised	143
Code and, if applicable, section 3314.061 of the Revised Code;	144

(6)(a) Dismissal procedures;

145

(b) A requirement that the governing authority adopt an	146
attendance policy that includes a procedure for automatically	147
withdrawing a student from the school if the student without a	148
legitimate excuse fails to participate in one hundred five	149
consecutive hours of the learning opportunities offered to the	150
student.	151

(7) The ways by which the school will achieve racial and	152
ethnic balance reflective of the community it serves;	153

(8) Requirements for financial audits by the auditor of	154
state. The contract shall require financial records of the school	155
to be maintained in the same manner as are financial records of	156
school districts, pursuant to rules of the auditor of state.	157
Audits shall be conducted in accordance with section 117.10 of the	158
Revised Code.	159

(9) The facilities to be used and their locations;

160

(10) Qualifications of teachers, including the following:

161

(a) A requirement that the school's classroom teachers be	162
licensed in accordance with sections 3319.22 to 3319.31 of the	163
Revised Code, except that a community school may engage	164
noncertificated persons to teach up to twelve hours per week	165
pursuant to section 3319.301 of the Revised Code;	166

(b) A requirement that each classroom teacher initially hired	167
by the school on or after July 1, 2013, and employed to provide	168
instruction in physical education hold a valid license issued	169
pursuant to section 3319.22 of the Revised Code for teaching	170
physical education.	171

(11) That the school will comply with the following	172
requirements:	173

(a) The school will provide learning opportunities to a	174
minimum of twenty-five students for a minimum of nine hundred	175
twenty hours per school year.	176

(b) The governing authority will purchase liability	177
insurance, or otherwise provide for the potential liability of the	178
school.	179

(c) The school will be nonsectarian in its programs,	180
admission policies, employment practices, and all other	181
operations, and will not be operated by a sectarian school or	182
religious institution.	183

(d) The school will comply with sections 9.90, 9.91, 109.65,	184
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	185
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	186
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	187
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	188
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	189
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	190
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	191
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	192
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	193
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	194
4123., 4141., and 4167. of the Revised Code as if it were a school	195
district and will comply with section 3301.0714 of the Revised	196
Code in the manner specified in section 3314.17 of the Revised	197
Code.	198

(e) The school shall comply with Chapter 102. and section	199
2921.42 of the Revised Code.	200

(f) The school will comply with sections 3313.61, 3313.611,	201
and 3313.614 of the Revised Code, except that for students who	202
enter ninth grade for the first time before July 1, 2010, the	203
requirement in sections 3313.61 and 3313.611 of the Revised Code	204
that a person must successfully complete the curriculum in any	205
high school prior to receiving a high school diploma may be met by	206
completing the curriculum adopted by the governing authority of	207
the community school rather than the curriculum specified in Title	208
XXXIII of the Revised Code or any rules of the state board of	209
education. Beginning with students who enter ninth grade for the	210
first time on or after July 1, 2010, the requirement in sections	211
3313.61 and 3313.611 of the Revised Code that a person must	212
successfully complete the curriculum of a high school prior to	213
receiving a high school diploma shall be met by completing the	214
Ohio core curriculum prescribed in division (C) of section	215
3313.603 of the Revised Code, unless the person qualifies under	216
division (D) or (F) of that section. Each school shall comply with	217
the plan for awarding high school credit based on demonstration of	218
subject area competency, adopted by the state board of education	219
under division (J) of section 3313.603 of the Revised Code.	220

(g) The school governing authority will submit within four	221
months after the end of each school year a report of its	222
activities and progress in meeting the goals and standards of	223
divisions (A)(3) and (4) of this section and its financial status	224
to the sponsor and the parents of all students enrolled in the	225
school.	226

(h) The school, unless it is an internet- or computer-based	227
community school, will comply with section 3313.801 of the Revised	228
Code as if it were a school district.	229

(i) If the school is the recipient of moneys from a grant	230
awarded under the federal race to the top program, Division (A),	231
Title XIV, Sections 14005 and 14006 of the "American Recovery and	232
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	233
school will pay teachers based upon performance in accordance with	234
section 3317.141 and will comply with section 3319.111 of the	235
Revised Code as if it were a school district.	236

(12) Arrangements for providing health and other benefits to	237
employees;	238

(13) The length of the contract, which shall begin at the	239
beginning of an academic year. No contract shall exceed five years	240
unless such contract has been renewed pursuant to division (E) of	241
this section.	242

(14) The governing authority of the school, which shall be	243
responsible for carrying out the provisions of the contract;	244

(15) A financial plan detailing an estimated school budget	245
for each year of the period of the contract and specifying the	246
total estimated per pupil expenditure amount for each such year.	247
The plan shall specify for each year the base formula amount that	248
will be used for purposes of funding calculations under section	249
3314.08 of the Revised Code. This base formula amount for any year	250
shall not exceed the formula amount defined under section 3317.02	251
of the Revised Code. The plan may also specify for any year a	252
percentage figure to be used for reducing the per pupil amount of	253
the subsidy calculated pursuant to section 3317.029 of the Revised	254
Code the school is to receive that year under section 3314.08 of	255
the Revised Code.	256

(16) Requirements and procedures regarding the disposition of	257
employees of the school in the event the contract is terminated or	258
not renewed pursuant to section 3314.07 of the Revised Code;	259

(17) Whether the school is to be created by converting all or	260
part of an existing public school or educational service center	261
building or is to be a new start-up school, and if it is a	262
converted public school or service center building, specification	263
of any duties or responsibilities of an employer that the board of	264
education or service center governing board that operated the	265
school or building before conversion is delegating to the	266
governing authority of the community school with respect to all or	267
any specified group of employees provided the delegation is not	268
prohibited by a collective bargaining agreement applicable to such	269
employees;	270

(18) Provisions establishing procedures for resolving	271
disputes or differences of opinion between the sponsor and the	272
governing authority of the community school;	273

(19) A provision requiring the governing authority to adopt a	274
policy regarding the admission of students who reside outside the	275
district in which the school is located. That policy shall comply	276
with the admissions procedures specified in sections 3314.06 and	277
3314.061 of the Revised Code and, at the sole discretion of the	278
authority, shall do one of the following:	279

(a) Prohibit the enrollment of students who reside outside	280
the district in which the school is located;	281

(b) Permit the enrollment of students who reside in districts	282
adjacent to the district in which the school is located;	283

(c) Permit the enrollment of students who reside in any other	284
district in the state.	285

(20) A provision recognizing the authority of the department	286
of education to take over the sponsorship of the school in	287
accordance with the provisions of division (C) of section 3314.015	288
of the Revised Code;	289

(21) A provision recognizing the sponsor's authority to	290
assume the operation of a school under the conditions specified in	291
division (B) of section 3314.073 of the Revised Code;	292

(22) A provision recognizing both of the following:

293

(a) The authority of public health and safety officials to	294
inspect the facilities of the school and to order the facilities	295
closed if those officials find that the facilities are not in	296
compliance with health and safety laws and regulations;	297

(b) The authority of the department of education as the	298
community school oversight body to suspend the operation of the	299
school under section 3314.072 of the Revised Code if the	300
department has evidence of conditions or violations of law at the	301
school that pose an imminent danger to the health and safety of	302
the school's students and employees and the sponsor refuses to	303
take such action.	304

(23) A description of the learning opportunities that will be	305
offered to students including both classroom-based and	306
non-classroom-based learning opportunities that is in compliance	307
with criteria for student participation established by the	308
department under division (L)(2) of section 3314.08 of the Revised	309
Code;	310

(24) The school will comply with sections 3302.04 and	311
3302.041 of the Revised Code, except that any action required to	312
be taken by a school district pursuant to those sections shall be	313
taken by the sponsor of the school. However, the sponsor shall not	314
be required to take any action described in division (F) of	315
section 3302.04 of the Revised Code.	316

(25) Beginning in the 2006-2007 school year, the school will	317
open for operation not later than the thirtieth day of September	318
each school year, unless the mission of the school as specified	319
under division (A)(2) of this section is solely to serve dropouts.	320
In its initial year of operation, if the school fails to open by	321
the thirtieth day of September, or within one year after the	322
adoption of the contract pursuant to division (D) of section	323
3314.02 of the Revised Code if the mission of the school is solely	324
to serve dropouts, the contract shall be void.	325

(B) The community school shall also submit to the sponsor a	326
comprehensive plan for the school. The plan shall specify the	327
following:	328

(1) The process by which the governing authority of the	329
school will be selected in the future;	330

(2) The management and administration of the school;

331

(3) If the community school is a currently existing public	332
school or educational service center building, alternative	333
arrangements for current public school students who choose not to	334
attend the converted school and for teachers who choose not to	335
teach in the school or building after conversion;	336

(4) The instructional program and educational philosophy of	337
the school;	338

(5) Internal financial controls.

339

(C) A contract entered into under section 3314.02 of the	340
Revised Code between a sponsor and the governing authority of a	341
community school may provide for the community school governing	342
authority to make payments to the sponsor, which is hereby	343
authorized to receive such payments as set forth in the contract	344
between the governing authority and the sponsor. The total amount	345
of such payments for oversight and monitoring of the school shall	346
not exceed three per cent of the total amount of payments for	347
operating expenses that the school receives from the state.	348

(D) The contract shall specify the duties of the sponsor	349
which shall be in accordance with the written agreement entered	350
into with the department of education under division (B) of	351
section 3314.015 of the Revised Code and shall include the	352
following:	353

(1) Monitor the community school's compliance with all laws	354
applicable to the school and with the terms of the contract;	355

(2) Monitor and evaluate the academic and fiscal performance	356
and the organization and operation of the community school on at	357
least an annual basis;	358

(3) Report on an annual basis the results of the evaluation	359
conducted under division (D)(2) of this section to the department	360
of education and to the parents of students enrolled in the	361
community school;	362

(4) Provide technical assistance to the community school in	363
complying with laws applicable to the school and terms of the	364
contract;	365

(5) Take steps to intervene in the school's operation to	366
correct problems in the school's overall performance, declare the	367
school to be on probationary status pursuant to section 3314.073	368
of the Revised Code, suspend the operation of the school pursuant	369
to section 3314.072 of the Revised Code, or terminate the contract	370
of the school pursuant to section 3314.07 of the Revised Code as	371
determined necessary by the sponsor;	372

(6) Have in place a plan of action to be undertaken in the	373
event the community school experiences financial difficulties or	374
closes prior to the end of a school year.	375

(E) Upon the expiration of a contract entered into under this	376
section, the sponsor of a community school may, with the approval	377
of the governing authority of the school, renew that contract for	378
a period of time determined by the sponsor, but not ending earlier	379
than the end of any school year, if the sponsor finds that the	380
school's compliance with applicable laws and terms of the contract	381
and the school's progress in meeting the academic goals prescribed	382
in the contract have been satisfactory. Any contract that is	383
renewed under this division remains subject to the provisions of	384
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	385

(F) If a community school fails to open for operation within	386
one year after the contract entered into under this section is	387
adopted pursuant to division (D) of section 3314.02 of the Revised	388
Code or permanently closes prior to the expiration of the	389
contract, the contract shall be void and the school shall not	390
enter into a contract with any other sponsor. A school shall not	391
be considered permanently closed because the operations of the	392
school have been suspended pursuant to section 3314.072 of the	393
Revised Code.	394

Sec. 3314.142. (A) A community school, member of a community	395
school governing authority, community school employee or	396
volunteer, community school operator, or employee or volunteer of	397
a community school operator, including a coach or referee, is not	398
liable in damages in a civil action for injury, death, or loss to	399
person or property allegedly arising from providing services or	400
performing duties under section 3313.539 of the Revised Code,	401
unless the act or omission constitutes willful or wanton	402
misconduct.	403

(B) This section does not eliminate, limit, or reduce any	404
other immunity or defense that a community school, member of a	405
community school governing authority, community school employee or	406
volunteer, community school operator, or employee or volunteer of	407
a community school operator, including a coach or referee, may be	408
entitled to under Chapter 2744. or any other provision of the	409
Revised Code or under the common law of this state.	410

Sec. 3319.303. (A) The state board of education shall adopt	411
rules establishing standards and requirements for obtaining a	412
pupil-activity program permit for any individual who does not hold	413
a valid educator license, certificate, or permit issued by the	414
state board under section 3319.22, 3319.26, or 3319.27 of the	415
Revised Code. The permit issued under this section shall be valid	416
for coaching, supervising, or directing a pupil-activity program	417
under section 3313.53 of the Revised Code. Subject to the	418
provisions of section 3319.31 of the Revised Code, a permit issued	419
under this section shall be valid for three years and shall be	420
renewable.	421

(B) The state board shall adopt rules applicable to	422
individuals who hold valid educator licenses, certificates, or	423
permits issued by the state board under section 3319.22, 3319.26,	424
or 3319.27 of the Revised Code setting forth standards to assure	425
any such individual's competence to direct, supervise, or coach a	426
pupil-activity program. The rules adopted under this division	427
shall not be more stringent than the standards set forth in rules	428
applicable to individuals who do not hold such licenses,	429
certificates, or permits adopted under division (A) of this	430
section.	431

(C) As a condition to issuing or renewing a pupil-activity	432
program permit to coach interscholastic athletics:	433

(1) The state board shall require each individual applying	434
for a first permit on or after the effective date of this	435
amendment to successfully complete a training program that is	436
specifically focused on brain trauma and brain injury management.	437

(2) The state board shall require each individual applying	438
for a permit renewal on or after that date to present evidence	439
that the individual has successfully completed, within the	440
previous three years, a training program in recognizing the	441
symptoms of concussions and head injuries to which the department	442
of health has provided a link on its internet web site under	443
section 3707.52 of the Revised Code or a training program	444
authorized and required by an organization that regulates	445
interscholastic conferences or events.	446

Sec. 3326.11. Each science, technology, engineering, and	447
mathematics school established under this chapter and its	448
governing body shall comply with sections 9.90, 9.91, 109.65,	449
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	450
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	451
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	452
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	453
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	454
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	455
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	456
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	457
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	458
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	459
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	460
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	461
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	462
4123., 4141., and 4167. of the Revised Code as if it were a school	463
district.	464

Sec. 3326.27. (A) A STEM school, member of a STEM school	465
governing body, or STEM school employee or volunteer, including a	466
coach or referee, is not liable in damages in a civil action for	467
injury, death, or loss to person or property allegedly arising	468
from providing services or performing duties under section	469
3313.539 of the Revised Code, unless the act or omission	470
constitutes willful or wanton misconduct.	471

(B) This section does not eliminate, limit, or reduce any	472
other immunity or defense that a STEM school, member of a STEM	473
school governing body, or STEM school employee or volunteer,	474
including a coach or referee, may be entitled to under Chapter	475
2744. or any other provision of the Revised Code or under the	476
common law of this state.	477

Sec. 3707.51. As used in sections 3707.511 and 3707.52 of the	478
Revised Code, "youth sports organization" means a public or	479
nonpublic entity that organizes an athletic activity in which the	480
athletes are not more than nineteen years of age and are required	481
to pay a fee to participate in the athletic activity or whose cost	482
to participate is sponsored by a business or nonprofit	483
organization.	484

Sec. 3707.511.  (A) As used in this section, "physician"	485
means a person authorized under Chapter 4731. of the Revised Code	486
to practice medicine and surgery or osteopathic medicine and	487
surgery.	488

(B) A youth sports organization shall provide to the parent,	489
guardian, or other person having care or charge of an individual	490
who wishes to practice for or compete in an athletic activity	491
organized by a youth sports organization the concussion and head	492
injury information sheet required by section 3707.52 of the	493
Revised Code. The organization shall provide the information sheet	494
annually for each sport or other category of athletic activity for	495
or in which the individual practices or competes.	496

(C)(1) No individual shall act as a coach or referee for a	497
youth sports organization unless the individual holds a	498
pupil-activity program permit issued under section 3319.303 of the	499
Revised Code for coaching interscholastic athletics or presents	500
evidence that the individual has successfully completed, within	501
the previous three years, a training program in recognizing the	502
symptoms of concussions and head injuries to which the department	503
of health has provided a link on its internet web site under	504
section 3707.52 of the Revised Code.	505

(2) The youth sports organization for which the individual	506
intends to act as a coach or referee shall inform the individual	507
of the requirement described in division (C)(1) of this section.	508

(D) If an individual practicing for or competing in an	509
athletic event organized by a youth sports organization exhibits	510
signs, symptoms, or behaviors consistent with having sustained a	511
concussion or head injury while participating in the practice or	512
competition, the individual shall be removed from the practice or	513
competition by one of the following:	514

(1) The individual who is serving as the individual's coach	515
during that practice or competition;	516

(2) An individual who is serving as a referee during that	517
practice or competition;	518

(3) An official of the youth sports organization who is	519
supervising that practice or competition.	520

(E)(1) If an individual is removed from practice or	521
competition under division (D) of this section, the coach,	522
referee, or official who removed the individual shall not allow	523
the individual, on the same day the individual is removed, to	524
return to that practice or competition or to participate in any	525
other practice or competition for which the coach, referee, or	526
official is responsible. Thereafter, the coach, referee, or	527
official shall not allow the student to return to that practice or	528
competition or to participate in any other practice or competition	529
for which the coach, referee, or official is responsible until	530
both of the following conditions are satisfied:	531

(a) The individual's condition is assessed by either of the	532
following:	533

(i) A physician;

534

(ii) Any other licensed health care provider the youth sports	535
organization, pursuant to division (E)(2) of this section,	536
authorizes to assess an individual who has been removed from	537
practice or competition under division (D) of this section.	538

(b) The individual receives written clearance that it is safe	539
for the individual to return to practice or competition from a	540
physician or from another licensed health care provider authorized	541
pursuant to division (E)(2) of this section to grant the	542
clearance.	543

(2) A youth sports organization may authorize a licensed	544
health care provider who is not a physician to make an assessment	545
or grant a clearance for purposes of division (E)(1) of this	546
section only if the provider is acting in accordance with one of	547
the following, as applicable to the provider's authority to	548
practice in this state:	549

(a) In consultation with a physician;

550

(b) Pursuant to the referral of a physician;

551

(c) In collaboration with a physician;

552

(d) Under the supervision of a physician.

553

(3) A physician or other licensed health care provider who	554
makes an assessment or grants a clearance for purposes of division	555
(E)(1) of this section may be a volunteer.	556

(F)(1) A youth sports organization or official, employee, or	557
volunteer of a youth sports organization, including a coach or	558
referee, is not liable in damages in a civil action for injury,	559
death, or loss to person or property allegedly arising from	560
providing services or performing duties under this section, unless	561
the act or omission constitutes willful or wanton misconduct.	562

(2) This section does not eliminate, limit, or reduce any	563
other immunity or defense that a public entity, public official,	564
or public employee may be entitled to under Chapter 2744. or any	565
other provision of the Revised Code or under the common law of	566
this state.	567

Sec. 3707.52. (A) The department of health shall create a	568
concussion and head injury information sheet for participants in	569
interscholastic athletics and youth sports organizations. The	570
department shall include in the information sheet pertinent	571
information to inform and educate coaches, athletes, and the	572
parents, guardians, or other persons having care or charge of	573
athletes of the signs and symptoms of concussion or head injury	574
and the risks of continuing to practice for or compete in an	575
athletic event or activity after sustaining a concussion or head	576
injury. The department periodically shall review the information	577
sheet and update it accordingly.	578

The department shall make the information sheet available on	579
its internet web site in a format suitable for easy downloading	580
and printing.	581

(B) The department shall provide a link on its internet web	582
site to one or more free online training programs in recognizing	583
the symptoms of concussions and head injuries. The department	584
shall include one or more programs that are appropriate for	585
coaches or referees of schools or youth sports organizations	586
seeking to fulfill the requirements of section 3313.539 or	587
3707.511 of the Revised Code.	588

Section 2. That existing sections 3314.03, 3319.303, and	589
3326.11 of the Revised Code are hereby repealed.	590

Section 3. Sections 3313.539, 3314.03, 3314.142, 3319.303,	591
3326.11, 3326.27, and 3707.511 of the Revised Code, as amended or	592
enacted by this act, shall take effect thirty days after the	593
effective date of this section.	594