General Assembly Substitute Bill No. 7048
January Session, 2017 *_____HB07048PH____032917____*
General Assembly
Substitute Bill No. 7048
January Session, 2017
*_____HB07048PH____032917____*
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 Section 21a-432 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):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 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 or any entity that is authorized or allowed by a municipality, business or nonprofit organization to conduct, coordinate, organize or otherwise oversee any youth athletic activity on property owned or controlled by the municipality, business or nonprofit organization, but shall not include any municipality, business or nonprofit organization solely providing access to, or use of, any field, court or other recreational area to such an entity, 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, and [shall be] (B) 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.
[(c) No operator, or designee of such operator, shall be subject to civil liability for failing to make available the written or electronic statement regarding concussions pursuant to subsection (b) of this section.]
(2) Not later than January 1, 2018, and annually 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 a 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) Not later than January 1, 2018, and annually thereafter, each operator of a youth athletic activity shall ensure that any individual coaching a youth athletic activity completes a training course regarding concussions provided by the National Centers for Disease Control and Prevention or an entity offering such a course with requirements that are substantially similar to or more rigorous than the course provided by the National Centers for Disease Control and Prevention, as determined by the operator, prior to permitting such individual to coach a youth athletic activity.
(d) (1) Any individual coaching a youth athletic activity shall immediately remove a youth athlete from participating in the youth 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, the individual coaching the youth athletic activity shall notify the parent or legal guardian of any such youth athlete under the age of eighteen that the youth athlete has exhibited such signs, symptoms or behaviors consistent with a concussion or has been diagnosed with a concussion. Such individual 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 individual coaching a youth athletic activity shall not permit a youth athlete who was removed from a youth athletic activity under subdivision (1) of this subsection to participate in any youth athletic activity involving physical exertion, including, but not limited to, practices, games or competitions, until such youth 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 youth athletic activity involving physical exertion from a licensed health care professional trained in the evaluation and management of concussions.
(e) 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, an athletic trainer licensed pursuant to chapter 375a or a chiropractor licensed pursuant to chapter 372.
Sec. 2. Subsection (c) of section 10-149c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(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(c)
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(c)
Statement of Legislative Commissioners:
In Section 1(d), Subdiv. (3) was deleted and "(A) no longer exhibits signs, symptoms or behaviors consistent with a concussion at rest or with exertion, and (B)" was inserted before "receives" in Subdiv. (2) for clarity.
PH Joint Favorable Subst.
PH
Joint Favorable Subst.