Louisiana 2011 2011 Regular Session

Louisiana House Bill HB364 Introduced / Bill

                    HLS 11RS-707	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 364
BY REPRESENTATIVE ROY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ATHLETICS: Creates a comprehensive sports injury management program for student
athletics
AN ACT1
To enact Part XXXVII-A of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950,2
to be comprised of R.S. 40:1299.181, relative to health and safety of students who3
participate in school-sanctioned athletics; to provide for a sports injury management4
program; to require the presence of licensed athletic trainers at certain football5
games; to authorize promulgation of rules; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part XXXVII-A of Chapter 5 of Title 40 of the Louisiana Revised Statutes8
of 1950, comprised of R.S. 40:1299.181, is hereby enacted to read as follows: 9
PART XXXVII-A.  COMPREHENSIVE SPORTS INJURY 10
MANAGEMENT PROGRAM11
ยง1299.181. Comprehensive sports injury management program for student athletics12
A. Each elementary or secondary school that sponsors or sanctions any13
athletic activity in this state and which requires a participating student to regularly14
practice or train and compete, is subject to the terms of the injury management15
program provided for in Subsections C through G of this Section.16
B. Any elementary or secondary school which sponsors organized tackle17
football shall ensure that at least one licensed athletic trainer is present at every inter-18
school game of tackle football.19
C.  The injury management program shall:20 HLS 11RS-707	ORIGINAL
HB NO. 364
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(1) Establish a set of injuries to be classified as "serious injuries" for the1
purposes of the program and define the signs and symptoms of such injuries.2
(2) Require that any coach, athletic trainer, or official remove a student from3
practice, training, or competition if any of the following circumstances occur:4
(a)  The student reports any defined sign or symptom of a serious injury.5
(b) The coach, athletic trainer, or official determines that the student exhibits6
any defined sign or symptom of a serious injury.7
(c) The coach or official is notified that the student has reported or exhibited8
any defined sign or symptom of a serious injury by any of the following persons:9
(i) A licensed, registered, or certified medical practitioner operating within10
their respective scope of practice.11
(ii)  A licensed athletic trainer.12
(iii) Any other licensed, registered, or certified individual whose scope of13
practice includes the recognition of symptoms associated with serious injuries.14
(3) Ensure that any student who, in accordance with the provisions of this15
Part, is removed from practice, training, or competition:16
(a) Shall, as soon as practicable after reporting or exhibiting any sign or17
symptom of a serious injury, be examined by a health professional duly licensed in18
this state to provide health care services or medical treatment.19
(b) May be allowed to return to practice, training, or competition only after20
the student provides to the coach or athletic trainer written authorization from a21
health professional duly licensed in this state to provide health care services or22
medical treatment.23
(4) Require that each coach or official in school-sponsored or school-24
sanctioned athletic activities receive biennial training regarding the nature and risks25
of serious sports related injuries.26
D.  The school shall ensure that before a student is allowed to participate in27
any school-sponsored or school-sanctioned athletic activity, the student and the28
parent or guardian of the student shall document that they have viewed information,29 HLS 11RS-707	ORIGINAL
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provided in written or verifiable electronic form by the school or school district,1
regarding risks of serious sports related injuries.2
E. This Section does not create any liability for, or create a cause of action3
against, a school, its officers, or its employees.4
F. To carry out the duties prescribed in this Part, a school may contract for5
and accept private contributions, gifts, and grants, or in-kind aid from the federal6
government, the state, or any other source.7
G. The Board of Elementary and Secondary Education shall promulgate, in8
accordance with the Administrative Procedure Act, any rules necessary to implement9
the provisions of this Part.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Roy	HB No. 364
Abstract: Creates a comprehensive sports injury management program for student
athletics.
Proposed law requires each school that sponsors or sanctions any athletic activity and which
requires a participating student to regularly practice or train and compete to implement a
sports injury management program.
Proposed law requires any elementary or secondary school which sponsors organized tackle
football to ensure that at least one licensed athletic trainer is present at every inter-school
game of tackle football.
Proposed law requires the sports injury management program to:
(1)Establish a set of injuries to be classified as "serious injuries" for the purposes of the
program, and define the signs and symptoms of such injuries.
(2)Require that any coach, athletic trainer, or official remove a student from practice,
training, or competition if any of the following circumstances occur:
(a)The student reports any defined sign or symptom of a serious injury.
(b)The coach, athletic trainer, or official determines that the student exhibits any
defined sign or symptom of a serious injury.
(c)The coach or official is notified that the student has reported or exhibited any
defined sign or symptom of a serious injury by a licensed, registered, or
certified medical practitioner operating within their respective scope of
practice, or any other licensed, registered, or certified individual whose scope HLS 11RS-707	ORIGINAL
HB NO. 364
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
of practice includes the recognition of symptoms associated with serious
injuries.
Proposed law provides that any student who is removed from practice, training, or
competition due to a serious injury:
(1)Shall, as soon as practicable after reporting or exhibiting any sign or symptom of a
serious injury, be examined by a health professional duly licensed in this state to
provide health care services or medical treatment.
(2)May be allowed to return to practice, training, or competition only after the student
provides to the coach or athletic trainer written authorization from a health
professional duly licensed in this state to provide health care services or medical
treatment.
Proposed law requires that each coach or official in school-sponsored or school-sanctioned
athletic activities receive biennial training regarding the nature and risk of serious sports-
related injuries.
Proposed law requires that prior to a student participating in athletic activities, the student
and student's parent or guardian must document that they have viewed information provided
by the school district regarding risks of serious sports-related injuries.
Proposed law provides that provisions of proposed law do not create any liability for, or
create a cause of action against, a school, its officers, or its employees.
Proposed law authorizes a school to contract for and accept private contributions, gifts, and
grants, or in-kind aid from the federal government, the state, or any other source to
implement the sports injury management program.
Proposed law requires BESE to promulgate rules in accordance with the APA to implement
provisions of proposed law.
(Adds R.S. 40:1299.181)