Bill Text: OH HB16 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To correct a cross reference with regard to concussions and head injuries in athletic activities organized by youth sports organizations, to clarify certain references to organizations that regulate interscholastic athletics, and to declare an emergency.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2013-03-14 - To Medicaid, Health & Human Services [HB16 Detail]

Download: Ohio-2013-HB16-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 16

Representatives O'Brien, Hottinger 

Cosponsors: Representatives Amstutz, Anielski, Antonio, Ashford, Baker, Barborak, Beck, Boose, Boyce, Brown, Budish, Burkley, Carney, Celebrezze, Cera, Curtin, DeVitis, Dovilla, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Heard, Henne, Hill, Huffman, Letson, Lynch, Mallory, McClain, Milkovich, Patterson, Rogers, Rosenberger, Ruhl, Sears, Slaby, Smith, Sprague, Stinziano, Strahorn, Szollosi, Winburn Speaker Batchelder 

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A BILL

To amend sections 3313.539, 3319.303, and 3707.48 of

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the Revised Code to correct a cross reference with

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regard to concussions and head injuries in

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athletic activities organized by youth sports

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organizations, to clarify certain references to

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organizations that regulate interscholastic

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athletics, and to declare an emergency.

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

Section 1.  That sections 3313.539, 3319.303, and 3707.48 of	8
the Revised Code be amended to read as 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	43
athletic competition and conducts interscholastic athletic events.	44

(D) If a student practicing for or competing in an	45
interscholastic athletic event exhibits signs, symptoms, or	46
behaviors consistent with having sustained a concussion or head	47
injury while participating in the practice or competition, the	48
student shall be removed from the practice or competition by	49
either of the following:	50

(1) The individual who is serving as the student's coach	51
during that practice or competition;	52

(2) An individual who is serving as a referee during that	53
practice or competition.	54

(E)(1) If a student is removed from practice or competition	55
under division (D) of this section, the coach or referee who	56
removed the student shall not allow the student, on the same day	57
the student is removed, to return to that practice or competition	58
or to participate in any other practice or competition for which	59
the coach or referee is responsible. Thereafter, the coach or	60
referee shall not allow the student to return to that practice or	61
competition or to participate in any other practice or competition	62
for which the coach or referee is responsible until both of the	63
following conditions are satisfied:	64

(a) The student's condition is assessed by either of the	65
following:	66

(i) A physician;

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(ii) Any other licensed health care provider the school	68
district board of education or governing authority of the	69
chartered or nonchartered nonpublic school, pursuant to division	70
(E)(2) of this section, authorizes to assess a student who has	71
been removed from practice or competition under division (D) of	72
this section.	73

(b) The student receives written clearance that it is safe	74
for the student to return to practice or competition from a	75
physician or from another licensed health care provider authorized	76
pursuant to division (E)(2) of this section to grant the	77
clearance.	78

(2) A school district board of education or governing	79
authority of a chartered or nonchartered nonpublic school may	80
authorize a licensed health care provider who is not a physician	81
to make an assessment or grant a clearance for purposes of	82
division (E)(1) of this section only if the provider is acting in	83
accordance with one of the following, as applicable to the	84
provider's authority to practice in this state:	85

(a) In consultation with a physician;

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(b) Pursuant to the referral of a physician;

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(c) In collaboration with a physician;

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(d) Under the supervision of a physician.

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(3) A physician or other licensed health care provider who	90
makes an assessment or grants a clearance for purposes of division	91
(E)(1) of this section may be a volunteer.	92

(F) A school district board of education or governing	93
authority of a chartered or nonchartered nonpublic school that is	94
subject to the rules of an interscholastic conference or an	95
organization that regulates interscholastic conferences or	96
athletic competition and conducts interscholastic athletic events	97
shall be considered to be in compliance with divisions (B), (D),	98
and (E) of this section, as long as the requirements of those	99
rules are substantially similar to the requirements of divisions	100
(B), (D), and (E) of this section.	101

(G)(1) A school district, member of a school district board	102
of education, or school district employee or volunteer, including	103
a coach or referee, is not liable in damages in a civil action for	104
injury, death, or loss to person or property allegedly arising	105
from providing services or performing duties under this section,	106
unless the act or omission constitutes willful or wanton	107
misconduct.	108

This section does not eliminate, limit, or reduce any other	109
immunity or defense that a school district, member of a school	110
district board of education, or school district employee or	111
volunteer, including a coach or referee, may be entitled to under	112
Chapter 2744. or any other provision of the Revised Code or under	113
the common law of this state.	114

(2) A chartered or nonchartered nonpublic school or any	115
officer, director, employee, or volunteer of the school, including	116
a coach or referee, is not liable in damages in a civil action for	117
injury, death, or loss to person or property allegedly arising	118
from providing services or performing duties under this section,	119
unless the act or omission constitutes willful or wanton	120
misconduct.	121

Sec. 3319.303. (A) The state board of education shall adopt	122
rules establishing standards and requirements for obtaining a	123
pupil-activity program permit for any individual who does not hold	124
a valid educator license, certificate, or permit issued by the	125
state board under section 3319.22, 3319.26, or 3319.27 of the	126
Revised Code. The permit issued under this section shall be valid	127
for coaching, supervising, or directing a pupil-activity program	128
under section 3313.53 of the Revised Code. Subject to the	129
provisions of section 3319.31 of the Revised Code, a permit issued	130
under this section shall be valid for three years and shall be	131
renewable.	132

(B) The state board shall adopt rules applicable to	133
individuals who hold valid educator licenses, certificates, or	134
permits issued by the state board under section 3319.22, 3319.26,	135
or 3319.27 of the Revised Code setting forth standards to assure	136
any such individual's competence to direct, supervise, or coach a	137
pupil-activity program. The rules adopted under this division	138
shall not be more stringent than the standards set forth in rules	139
applicable to individuals who do not hold such licenses,	140
certificates, or permits adopted under division (A) of this	141
section.	142

(C) As a condition to issuing or renewing a pupil-activity	143
program permit to coach interscholastic athletics:	144

(1) The state board shall require each individual applying	145
for a first permit on or after the effective date of this	146
amendmentApril 26, 2013, to successfully complete a training	147
program that is specifically focused on brain trauma and brain	148
injury management.	149

(2) The state board shall require each individual applying	150
for a permit renewal on or after that date to present evidence	151
that the individual has successfully completed, within the	152
previous three years, a training program in recognizing the	153
symptoms of concussions and head injuries to which the department	154
of health has provided a link on its internet web site under	155
section 3707.52 of the Revised Code or a training program	156
authorized and required by an organization that regulates	157
interscholastic conferences orathletic competition and conducts	158
interscholastic athletic events.	159

Sec. 3707.48.  No person shall violate sections 3707.01 to	160
3707.53, inclusive,3707.50 or section 3707.53 of the Revised	161
Code, or any order or regulation of the board of health of a city	162
or general health district made in pursuance thereof, obstruct or	163
interfere with the execution of such order, or willfully or	164
illegally omit to obey such order.	165

Section 2.  That existing sections 3313.539, 3319.303, and	166
3707.48 of the Revised Code are hereby repealed.	167

Section 3. This act is hereby declared to be an emergency	168
measure necessary for the immediate preservation of the public	169
peace, health, and safety. The reason for such necessity is to	170
protect the safety of Ohio's youth. Therefore, this act shall go	171
into immediate effect.	172