PRINTER'S NO.  218

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

200

Session of

2011

  

  

INTRODUCED BY BRIGGS, O'NEILL, KORTZ, BRADFORD, V. BROWN, CALTAGIRONE, CARROLL, D. COSTA, DEASY, DePASQUALE, FRANKEL, FREEMAN, GIBBONS, HARHAI, JOSEPHS, KULA, MAHONEY, MARKOSEK, McGEEHAN, MULLERY, M. O'BRIEN, PASHINSKI, PAYTON, READSHAW, ROEBUCK, SANTARSIERO, SCHRODER, SHAPIRO, M. SMITH, WAGNER, WHITE, YOUNGBLOOD AND NEUMAN, JANUARY 27, 2011

  

  

REFERRED TO COMMITTEE ON HEALTH, JANUARY 27, 2011  

  

  

  

AN ACT

  

1

Establishing standards for managing concussions and traumatic

2

brain injuries to student athletes; assigning duties to the

3

Department of Health and the Department of Education; and

4

imposing penalties.

5

The General Assembly of the Commonwealth of Pennsylvania

6

hereby enacts as follows:

7

Section 1.  Short title.

8

This act shall be known and may be cited as the Safety in

9

Youth Sports Act.

10

Section 2.  Definitions.

11

The following words and phrases when used in this act shall

12

have the meanings given to them in this section unless the

13

context clearly indicates otherwise:

14

"Appropriate medical professional."  All of the following:

15

(1)  A licensed physician who is trained in the

16

evaluation and management of concussions.

17

(2)  A certified athletic trainer who is trained in the

 


1

evaluation and management of concussions.

2

(3)  A licensed psychologist neuropsychologically trained

3

in the evaluation and management of concussions or who has

4

postdoctoral training in neuropsychology and specific

5

training in the evaluation and management of concussions.

6

"Athletic activity."  All of the following:

7

(1)  Interscholastic athletics.

8

(2)  An athletic contest or competition, other than

9

interscholastic athletics, that is sponsored by or associated

10

with a school entity, including cheerleading, club-sponsored

11

sports activities and sports activities sponsored by school-

12

affiliated organizations.

13

(3)  Noncompetitive cheerleading that is sponsored by or

14

associated with a school entity.

15

(4)  Practices, interschool practices and scrimmages for

16

all of the activities listed under paragraphs (1), (2) and

17

(3).

18

"Interscholastic athletics."  As defined in section 1602-A of

19

the act of March 10, 1949 (P.L.30, No.14), known as the Public

20

School Code of 1949.

21

"School entity."  As defined in section 1602-A of the act of

22

March 10, 1949 (P.L.30, No.14), known as the Public School Code

23

of 1949.

24

Section 3.  Concussions and traumatic brain injuries.

25

(a)  Educational materials.--The Department of Health and the

26

Department of Education shall develop and post on their Internet

27

websites guidelines and other relevant materials to inform and

28

educate students participating in or desiring to participate in

29

an athletic activity, their parents and their coaches, about the

30

nature and risk of concussion and traumatic brain injury,

- 2 -

 


1

including the risks associated with continuing to play or

2

practice after a concussion or traumatic brain injury. In

3

developing the guidelines and materials, the departments shall

4

utilize existing materials developed by the Centers for Disease

5

Control and Prevention. A student participating in or desiring

6

to participate in an athletic activity and the student's parent

7

or guardian shall each school year, prior to participation by

8

the student in an athletic activity, sign and return to the

9

student's school an acknowledgment of receipt and review of a

10

concussion and traumatic brain injury information sheet

11

developed under this subsection.

12

(b)  Informational meeting.--A school entity may hold an

13

informational meeting prior to the start of each athletic season

14

for all ages of competitors regarding concussions and other head

15

injuries, the importance of proper concussion management and how

16

preseason baseline assessments can aid in the evaluation,

17

management and recovery process. In addition to students,

18

parents, coaches and other school officials, informational

19

meetings may include physicians, neuropsychologists, athletic

20

trainers and physical therapists.

21

(c)  Removal from play.--A student who, as determined by a

22

game official, coach from the student's team, certified athletic

23

trainer, licensed physician, licensed physical therapist or

24

other official designated by the student's school entity,

25

exhibits signs or symptoms of a concussion or traumatic brain

26

injury while participating in an athletic activity shall be

27

removed by the coach from participation at that time. The

28

student shall not return to participation until the student is

29

evaluated and cleared for return to participation in writing by

30

an appropriate medical professional. In order to help determine

- 3 -

 


1

whether a student is ready to return to play, the appropriate

2

medical professional may consult any other licensed or certified

3

medical professionals.

4

(d)  Training course.--Once each school year, a coach shall

5

complete the concussion management certification training course

6

offered by the Centers for Disease Control and Prevention, the

7

National Federation of State High School Associations or another

8

provider approved by the Department of Health. A coach shall not

9

coach an athletic activity until the coach completes the

10

training course required under this subsection.

11

(e)  Penalties.--The governing body of a school entity shall

12

establish the following minimum penalties for a coach found in

13

violation of the requirements under subsection (c), which

14

penalties shall take effect two years following the effective

15

date of this section:

16

(1)  For a first violation, suspension from coaching any

17

athletic activity for the remainder of the season.

18

(2)  For a second violation, suspension from coaching any

19

athletic activity for the remainder of the season and for the

20

next season.

21

(3)  For a third violation, permanent suspension from

22

coaching any athletic activity.

23

(f)  Other youth athletic activities.--The sponsors of youth

24

athletic activities not specifically addressed by this act are

25

encouraged to follow the guidance set forth in this act.

26

(g)  Construction.--Nothing in this act shall be construed to

27

abridge or limit any rights provided under a collective

28

bargaining agreement or any rights provided under the act of

29

July 23, 1970 (P.L.563, No.195), known as the Public Employe

30

Relations Act.

- 4 -

 


1

(h)  Civil liability.--Nothing in this act shall be construed

2

to create, establish, expand, reduce, contract or eliminate any

3

civil liability on the part of any school entity or school

4

employee.

5

Section 4.  Effective date.

6

This act shall take effect in 60 days.

- 5 -