HLS 11RS-707 ORIGINAL Page 1 of 4 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 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 364 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 4 of 4 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)