THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRIGGS, SEPTEMBER 14, 2010

REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 14, 2010  

AN ACT

Establishing standards for managing concussions and head

injuries to student athletes; assigning duties to the

Department of Health and the Department of Education; and

imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Youth Sports Act.

Section 2.  Definitions.

The following words and phrases when used in this act 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 that is sponsored by or

associated with a school entity.

(4)  Practices, interschool practices and scrimmages for

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

(3).

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

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

School Code of 1949.

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

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

of 1949.

Section 3.  Concussions and head injuries.

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

Department of Education shall develop and post on their Internet

websites 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 shall utilize existing materials

developed by the Centers for Disease Control and Prevention. A

student participating in or desiring to participate in an

athletic activity and the student's parent or guardian shall

each school year, prior to participation by the student in an

athletic activity, sign and return to the student's school an

acknowledgment of receipt and review of a concussion and head

injury information sheet developed under this subsection.

(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 concussions and other head

injuries, the importance of proper concussion management and how

neurocognitive testing can aid in the evaluation, management and

recovery process. In addition to students, parents, coaches and

other school officials, informational meetings may include

physicians, neuropsychologists, athletic trainers and physical

therapists.

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

licensed physician, coach from the student's team, official,

certified athletic trainer or other official designated by the

student's school entity, exhibits signs or symptoms of a

concussion or head injury while participating in an athletic

activity shall be removed by the coach 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 or certified health care practitioner

whose scope of practice includes the management and evaluation

of concussions.

(d)  Training course.--Once every three years, a coach shall

complete a concussion management certification training course

offered by the Centers for Disease Control and Prevention, the

National Federation of State High School Associations or another

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

coach an athletic activity until the coach completes the

training course required under this subsection.

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

establish the following minimum penalties for a coach found in

violation of the requirements under subsection (c), which

penalties shall take effect two years following the effective

date of this section:

(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.

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

athletic activities not specifically addressed by this act are

encouraged to follow the guidance set forth in this act.

(g)  Construction.--Nothing in this act 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.

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

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

civil liability on the part of any school entity or school

employee.

Section 4.  Effective date.

This act shall take effect in 60 days.