THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, COSTA, PILEGGI, DINNIMAN, FONTANA, BREWSTER, SOLOBAY, ERICKSON, RAFFERTY, ALLOWAY, TARTAGLIONE, PIPPY, BOSCOLA, YAW, YUDICHAK, WILLIAMS, GREENLEAF, FERLO, LEACH, WARD, BRUBAKER, EARLL, FARNESE, WASHINGTON AND BLAKE, FEBRUARY 1, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 14, 2011   

AN ACT

Establishing standards for managing concussions and traumatic

brain 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:

"Appropriate medical professional."  All of the following:

(1)  A licensed physician who is trained in the

evaluation and management of concussions.

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

evaluation and management of concussions and is working under

the direction of a licensed physician.

(3)  A licensed psychologist neuropsychologically trained

in the evaluation and management of concussions or who has

postdoctoral training in neuropsychology and specific

training in the evaluation and management of concussions.

"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 traumatic brain 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 traumatic brain injury,

including the risks associated with continuing to play or

practice after a concussion or traumatic brain 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 traumatic brain 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

preseason baseline assessments 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

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

trainer, licensed physician, licensed physical therapist or

other official designated by the student's school entity,

exhibits signs or symptoms of a concussion or traumatic brain

injury while participating in an athletic activity shall be

removed by the coach from participation at that time. The 

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student shall not return removed by the coach from participation

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at that time.

(d)  Return to play.--The coach shall not return a student to

participation until the student is evaluated and cleared for

return to participation in writing by an appropriate medical

professional. The governing body of a school entity may

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designate a specific person or persons, who must be appropriate

medical professionals, to provide written clearance for return

to participation. In order to help determine whether a student

is ready to return to play, the participation, an appropriate

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medical professional may consult any other licensed or certified

medical professionals.

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

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shall complete the 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) (f)  Penalties.--The governing body of a school entity

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shall establish the following minimum penalties for a coach

found in violation of the requirements under subsection (c) or

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(d), 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) (g)  Other youth athletic activities.--The sponsors of

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youth athletic activities not specifically addressed by this act

are encouraged to follow the guidance set forth in this act.

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

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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

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(i)  Civil liability.--

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(1)  Except as provided under paragraph (2), 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.

(2)  Any coach acting in accordance with subsections (c)

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and (d) shall be immune from any civil liability.

Section 4.  Effective date.

This act shall take effect in 60 days.