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| PRIOR PRINTER'S NO. 333 | PRINTER'S NO. 441 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, COSTA, PILEGGI, DINNIMAN, FONTANA, BREWSTER, SOLOBAY, ERICKSON, RAFFERTY, ALLOWAY, TARTAGLIONE, PIPPY, BOSCOLA, YAW, YUDICHAK, WILLIAMS, GREENLEAF, FERLO, LEACH, WARD, BRUBAKER, EARLL AND FARNESE, FEBRUARY 1, 2011 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, FEBRUARY 8, 2011 |
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| AN ACT |
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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 |
18 | evaluation and management of concussions and is working under | <-- |
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1 | the direction of a licensed physician. |
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, |
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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 |
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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. |
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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. |
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