THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRIGGS, CURRY, DeLUCA, DONATUCCI, FRANKEL, FREEMAN, GROVE, HOUGHTON, KORTZ, MAHONEY, McGEEHAN, M. O'BRIEN, SWANGER, YOUNGBLOOD, STEVENSON, M. SMITH, MARSHALL, GERBER, YUDICHAK, MURPHY, GERGELY, FABRIZIO, HARKINS, HORNAMAN AND SHAPIRO, OCTOBER 26, 2009

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 16, 2010   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

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act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for management of

concussions and head injuries.

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

<--

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for management of

concussions and head injuries.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

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as the Public School Code of 1949, is amended by adding a

section to read:

Section 1606-A.  Management of Concussions and Head

Injuries.--(a)  The association, in cooperation with the

Department of Health, shall develop guidelines and other

pertinent information and forms to inform and educate students

involved in interscholastic athletics, their parents and their

coaches about the nature and risk of concussion and head injury

including the risks associated with continuing to play after a

concussion or head injury.

(b)  A student involved in interscholastic athletics and the

student's parent or guardian shall annually sign and return to

the student's school a concussion and head injury information

sheet prior to the student's participating in practice or

competition.

(c)  A student who is suspected of sustaining a concussion or

head injury in a practice or game shall be removed from play at

that time. The student shall not return to play until the

student is evaluated by a licensed health care provider trained

in the evaluation and management of concussion and receives

written clearance to return to play from that health care

provider.

Section 2.  This act shall take effect in 60 days.

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

<--

as the Public School Code of 1949, is amended by adding an

article to read:

ARTICLE XVI-A.1

MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES

Section 1601-A.1.  Scope of article.

This article deals with management of concussions and head

injuries to students participating in athletic activities.

Section 1602-A.1.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Athletic activity."  All of the following:

(1)  Interscholastic athletics.

(2)  An athletic contest or competition, other than

interscholastic athletics, that is sponsored by or associated

with a school entity, including cheerleading, club-sponsored

sports activities and sports activities sponsored by school-

affiliated organizations.

(3)  Noncompetitive cheerleading.

(4)  Practices, inter-school practices and scrimmages for

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

(3).

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

"Nonpublic school."  As defined in section 1602-A.

"School entity."  As defined in section 1602-A.

Section 1603-A.1.  Concussions and head injuries.

(a)  Development.--The Department of Health and the

Department of Education shall develop guidelines and other

relevant materials to inform and educate students participating

in or desiring to participate in an athletic activity, their

parents and their coaches about the nature and risk of

concussion and head injury, including the risks associated with

continuing to play or practice after a concussion or head

injury. In developing the guidelines and materials, the

departments may utilize existing materials developed by the

Centers for Disease Control and Prevention.

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

informational meeting prior to the start of each athletic season

for all ages of competitors regarding concussion and other head

injuries and the importance of proper concussion management.

Informational meetings may include coaches, parents, students

and a licensed physician, licensed psychologist or a certified

athletic trainer, trained in the evaluation and management of

concussions.

(c)  Acknowledgment.--A student participating in or desiring

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

or guardian shall annually sign and return to the student's

school an acknowledgment of receipt and review of a concussion

and head injury information sheet developed under subsection (a)

prior to the student's participation. A student shall not

participate in any athletic activity in a given athletic season

until the school has received a signed acknowledgment of receipt

and review from the student for that season.

(d)  Removal from play.--A student who exhibits signs or

symptoms of a concussion or head injury while participating in

an athletic activity shall be removed from participation at that

time. The student shall not return to participation until the

student is evaluated and cleared for return to participation, in

writing, by a licensed physician or a licensed psychologist

trained in the evaluation and management of concussions. School

entities, physicians and psychologists may utilize symptom

checklists, balance testing and neurocognitive testing in

addition to input from a certified athletic trainer, trained in

the evaluation and management of concussions, as part of a

comprehensive evaluation to help determine if a student is

adequately recovered following a concussion or other head injury

and fit to return to participation.

(e)  Training course.--Coaches shall complete a concussion

management certification training course offered by the Centers

for Disease Control and Prevention, the National Federation of

High Schools or another provider approved by the Department of

Health. Coaches shall complete the training once every three

years. A coach shall not coach any athletic activity until the

coach completes the training course required under this

subsection.

(f)  Penalties.--The governing body of each school entity in

this Commonwealth shall establish the following minimum

penalties for any coach found in violation of the requirements

under subsection (d):

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

athletic activity for the remainder of the season.

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

athletic activity for the remainder of the season and for the

next season.

(3)  For a third violation, permanent suspension from

coaching any athletic activity.

(g)  Construction.--Nothing in this section shall be

construed to abridge or limit any rights provided under a

collective bargaining agreement or any rights provided under the

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

Employe Relations Act.

Section 2.  This act shall take effect in 60 days.