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| PRIOR PRINTER'S NO. 4230 | PRINTER'S NO. 4274 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, SEPTEMBER 14, 2010 |
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| AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 20, 2010 |
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| AN ACT |
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1 | Establishing standards for managing concussions and head |
2 | 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 | "Athletic activity." All of the following: |
15 | (1) Interscholastic athletics. |
16 | (2) An athletic contest or competition, other than |
17 | interscholastic athletics, that is sponsored by or associated |
18 | with a school entity, including cheerleading, club-sponsored |
19 | sports activities and sports activities sponsored by school- |
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1 | affiliated organizations. |
2 | (3) Noncompetitive cheerleading that is sponsored by or |
3 | associated with a school entity. |
4 | (4) Practices, interschool practices and scrimmages for |
5 | all of the activities listed under paragraphs (1), (2) and |
6 | (3). |
7 | "Interscholastic athletics." As defined in section 1602-A of |
8 | the act of March 10, 1949 (P.L.30, No.14), known as the Public |
9 | School Code of 1949. |
10 | "School entity." As defined in section 1602-A of the act of |
11 | March 10, 1949 (P.L.30, No.14), known as the Public School Code |
12 | of 1949. |
13 | Section 3. Concussions and head injuries. |
14 | (a) Educational materials.--The Department of Health and the |
15 | Department of Education shall develop and post on their Internet |
16 | websites guidelines and other relevant materials to inform and |
17 | educate students participating in or desiring to participate in |
18 | an athletic activity, their parents and their coaches, about the |
19 | nature and risk of concussion and head injury, including the |
20 | risks associated with continuing to play or practice after a |
21 | concussion or head injury. In developing the guidelines and |
22 | materials, the departments shall utilize existing materials |
23 | developed by the Centers for Disease Control and Prevention. A |
24 | student participating in or desiring to participate in an |
25 | athletic activity and the student's parent or guardian shall |
26 | each school year, prior to participation by the student in an |
27 | athletic activity, sign and return to the student's school an |
28 | acknowledgment of receipt and review of a concussion and head |
29 | injury information sheet developed under this subsection. |
30 | (b) Informational meeting.--A school entity may hold an |
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1 | informational meeting prior to the start of each athletic season |
2 | for all ages of competitors regarding concussions and other head |
3 | injuries, the importance of proper concussion management and how |
4 | neurocognitive testing can aid in the evaluation, management and |
5 | recovery process. In addition to students, parents, coaches and |
6 | other school officials, informational meetings may include |
7 | physicians, neuropsychologists, athletic trainers and physical |
8 | therapists. |
9 | (c) Removal from play.--A student who, as determined by a |
10 | licensed physician or certified health care practitioner whose | <-- |
11 | scope of practice includes the management and evaluation of |
12 | concussions, coach from the student's team, game official, | <-- |
13 | certified athletic trainer or other official designated by the |
14 | student's school entity, exhibits signs or symptoms of a |
15 | concussion or head injury while participating in an athletic |
16 | activity shall be removed by the coach from participation at |
17 | that time. The student shall not return to participation until |
18 | the student is evaluated and cleared for return to participation |
19 | in writing by a licensed or certified health care practitioner |
20 | whose scope of practice includes the management and evaluation |
21 | of concussions. |
22 | (d) Training course.--Once every three years, a coach shall |
23 | complete a concussion management certification training course |
24 | offered by the Centers for Disease Control and Prevention, the |
25 | National Federation of State High School Associations or another |
26 | provider approved by the Department of Health. A coach shall not |
27 | coach an athletic activity until the coach completes the |
28 | training course required under this subsection. |
29 | (e) Penalties.--The governing body of a school entity shall |
30 | establish the following minimum penalties for a coach found in |
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1 | violation of the requirements under subsection (c), which |
2 | penalties shall take effect two years following the effective |
3 | date of this section: |
4 | (1) For a first violation, suspension from coaching any |
5 | athletic activity for the remainder of the season. |
6 | (2) For a second violation, suspension from coaching any |
7 | athletic activity for the remainder of the season and for the |
8 | next season. |
9 | (3) For a third violation, permanent suspension from |
10 | coaching any athletic activity. |
11 | (f) Other youth athletic activities.--The sponsors of youth |
12 | athletic activities not specifically addressed by this act are |
13 | encouraged to follow the guidance set forth in this act. |
14 | (g) Construction.--Nothing in this act shall be construed to |
15 | abridge or limit any rights provided under a collective |
16 | bargaining agreement or any rights provided under the act of |
17 | July 23, 1970 (P.L.563, No.195), known as the Public Employe |
18 | Relations Act. |
19 | (h) Civil liability.--Nothing in this act shall be construed |
20 | to create, establish, expand, reduce, contract or eliminate or | <-- |
21 | expand any civil liability on the part of any school entity or |
22 | school employee, including any independent contractor or | <-- |
23 | employee of an independent contractor. |
24 | Section 4. Effective date. |
25 | This act shall take effect in 60 days. |
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