General Assembly Raised Bill No. 7048
January Session, 2017 LCO No. 3669
*03669_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
General Assembly
Raised Bill No. 7048
January Session, 2017
LCO No. 3669
*03669_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT PROTECTING YOUTH AND STUDENT ATHLETES FROM CONCUSSIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 21a-432 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) For purposes of this section:
(1) "Youth athletic activity" means an organized athletic activity involving participants [of not less than seven years of age and not more than nineteen] under twenty years of age, who (A) (i) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic the purpose of which is to train, instruct or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or attend such camp or clinic is sponsored by a municipality, business or nonprofit organization. "Youth athletic activity" does not include any college or university athletic activity, or an athletic activity that is incidental to a nonathletic program or lesson; and
(2) "Operator" means any municipality, business or nonprofit organization that conducts, coordinates, organizes or otherwise oversees any youth athletic activity but shall not include any municipality, business or nonprofit organization solely providing access to, or use of, any field, court or other recreational area, whether for compensation or not.
(b) (1) Not later than January 1, [2016] 2018, and annually thereafter, each operator of a youth athletic activity shall make available a written or electronic [statement] information and consent form regarding concussions to each youth athlete participating in the youth athletic activity and to a parent or legal guardian of [each] any such youth athlete [participating in the youth athletic activity] under the age of eighteen. Such written or electronic [statement] information and consent form shall be (A) made available upon registration of each youth athlete, (B) substantially similar to the consent form developed or approved by the State Board of Education under subdivision (1) of subsection (e) of section 10-149b, and [shall be] (C) consistent with the most recent information provided by the National Centers for Disease Control and Prevention regarding concussions. Such written or electronic [statement] information or consent form shall include educational content addressing, at a minimum: [(1)] (i) The recognition of signs or symptoms of a concussion, [(2)] (ii) the means of obtaining proper medical treatment for a person suspected of sustaining a concussion, [(3)] (iii) the nature and risks of concussions, including the danger of continuing to engage in youth athletic activity after sustaining a concussion, and [(4)] (iv) the proper procedures for allowing a youth athlete who has sustained a concussion to return to athletic activity.
(2) For the school year commencing July 1, 2018, and each school year thereafter, each operator of a youth athletic activity shall obtain the signature of each youth athlete eighteen years of age or older and the signature of the parent or legal guardian of each youth athlete under the age of eighteen, attesting to the fact that such youth athlete, parent or legal guardian has received a copy of the information and consent form and consents to participate in the athletic activity or authorizes the youth athlete to participate in the athletic activity.
(c) (1) For the school year commencing July 1, 2018, and each school year thereafter, each operator of a youth athletic activity shall complete an initial training course regarding concussions that is substantially similar to the initial training course developed or approved under subdivision (1) of subsection (b) of section 10-149b.
(2) For the school year commencing July 1, 2019, and each school year thereafter, any operator of a youth athletic activity who has completed the initial training course described in subdivision (1) of this subsection shall annually review current and relevant information regarding concussions that is substantially similar to the annual review materials developed or approved under subdivision (2) of subsection (b) of section 10-149b. Such annual review shall not be required in any year when such operator is required to complete the refresher course, pursuant to subdivision (3) of this subsection.
(3) For the school year commencing July 1, 2023, and each school year thereafter, an operator of a youth athletic activity shall complete a refresher course regarding concussion recognition and safety practices that is substantially similar to the refresher course developed or approved under subdivision (3) of subsection (b) of section 10-149b, not later than five years after completion of the initial training course required under subdivision (1) of this subsection. Such operator shall thereafter retake such refresher course at least once every five years.
[(c) No] (d) The operator, or designee of such operator, shall be subject to civil liability for failing to make available the [written or electronic statement] information and consent form regarding concussions pursuant to subsection (b) of this section.
Sec. 2. Section 10-149c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) (1) The coach of any intramural or interscholastic athletics shall immediately remove a student athlete from participating in any intramural or interscholastic athletic activity who (A) is observed to exhibit signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body, or (B) is diagnosed with a concussion, regardless of when such concussion may have occurred. Upon such removal, a qualified school employee, as defined in subsection (e) of section 10-212a, shall notify the student athlete's parent or legal guardian that the student athlete has exhibited such signs, symptoms or behaviors consistent with a concussion or has been diagnosed with a concussion. Such qualified school employee shall provide such notification not later than twenty-four hours after such removal and shall make a reasonable effort to provide such notification immediately after such removal.
(2) The coach shall not permit such student athlete to participate in any supervised team activities involving physical exertion, including, but not limited to, practices, games or competitions, until such student athlete receives written clearance to participate in such supervised team activities involving physical exertion from a licensed health care professional trained in the evaluation and management of concussions.
(3) Following clearance pursuant to subdivision (2) of this subsection, the coach shall not permit such student athlete to participate in any full, unrestricted supervised team activities without limitations on contact or physical exertion, including, but not limited to, practices, games or competitions, until such student athlete (A) no longer exhibits signs, symptoms or behaviors consistent with a concussion at rest or with exertion, and (B) receives written clearance to participate in such full, unrestricted supervised team activities from a licensed health care professional trained in the evaluation and management of concussions.
(b) The State Board of Education may revoke the coaching permit, in accordance with the provisions of subsection (i) of section 10-145b, of any coach found to be in violation of this section.
(c) For purposes of this section, "licensed health care professional" means a physician licensed pursuant to chapter 370, a physician assistant licensed pursuant to chapter 370, an advanced practice registered nurse licensed pursuant to chapter 378, [or] an athletic trainer licensed pursuant to chapter 375a or a chiropractor licensed pursuant to chapter 372.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2017 21a-432
Sec. 2 July 1, 2017 10-149c
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2017
21a-432
Sec. 2
July 1, 2017
10-149c
Statement of Purpose:
To protect youth and student athletes from concussions.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]