HLS 11RS-707 ENGROSSED
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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 high school that sponsors or sanctions any athletic activity in this13
state and which requires a participating student to regularly practice or train and14
compete, is subject to the terms of the injury management program provided for in15
Subsections C through G of this Section.16
B. Any high school which sponsors organized tackle football shall ensure17
that at least one athletic trainer licensed by the Louisiana State Board of Medical18
Examiners is present at every inter-school game of tackle football for the purpose of19
providing athletic health care.20 HLS 11RS-707 ENGROSSED
HB NO. 364
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C. The injury management program shall:1
(1) Establish a set of injuries to be classified as "serious sports injuries" for2
the purposes of the program and define the signs and symptoms of such injuries.3
(2) Require that any coach or athletic trainer remove a student from practice,4
training, or competition if any of the following circumstances occur:5
(a) The student reports any defined sign or symptom of a serious sports6
injury.7
(b) The coach or athletic trainer determines that the student exhibits any8
defined sign or symptom of a serious sports injury.9
(c) The coach is notified that the student has reported or exhibited any10
defined sign or symptom of a serious sports injury by any of the following persons:11
(i) A licensed, registered, or certified medical practitioner operating within12
their respective scope of practice.13
(ii) A licensed athletic trainer.14
(iii) Any other licensed, registered, or certified individual whose scope of15
practice includes the recognition of symptoms associated with serious injuries.16
(iv) An official responsible for judging or supervising the athletic17
competition.18
(3) Ensure that any student who, in accordance with the provisions of this19
Part, is removed from practice, training, or competition:20
(a) Shall, as soon as practicable after reporting or exhibiting any sign or21
symptom of a serious sports injury, be examined by a health professional duly22
licensed in this state to provide health care services or medical treatment.23
(b) May be allowed to return to practice, training, or competition only after24
the student provides to the coach and an athletic trainer written authorization from25
a health professional duly licensed in this state to provide health care services or26
medical treatment.27 HLS 11RS-707 ENGROSSED
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(4) Require that each coach or official in school-sponsored or school-1
sanctioned athletic activities receive documented training regarding the nature and2
risks of serious sports injuries.3
D. The school shall ensure that before a student is allowed to participate in4
any school-sponsored or school-sanctioned athletic activity, the student and the5
parent or guardian of the student shall document that they have viewed information,6
provided in written or verifiable electronic form by the school or school district,7
regarding risks of serious sports injuries.8
E. This Section does not create any liability for, or create a cause of action9
against, a school, its officers, or its employees.10
F. To carry out the duties prescribed in this Part, a school may contract for11
and accept private contributions, gifts, and grants, or in-kind aid from the federal12
government, the state, or any other source.13
G. The Board of Elementary and Secondary Education (BESE) shall14
promulgate, in accordance with the Administrative Procedure Act, any rules15
necessary to implement the provisions of this Part. In developing such rules, BESE16
may engage and solicit input from the Louisiana State Board of Medical Examiners17
and the Sports Medicine Advisory Committee of the Louisiana High School Athletic18
Association, and may incorporate recommendations of those groups in any final rules19
providing for a sports injury management program.20
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 high 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. HLS 11RS-707 ENGROSSED
HB NO. 364
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are additions.
Proposed law requires any high 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 sports injuries" for the purposes
of the program and define the signs and symptoms of such injuries.
(2)Require that any coach or athletic trainer 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 sports injury.
(b)The coach or athletic trainer determines that the student exhibits any defined
sign or symptom of a serious sports injury.
(c)The coach is notified that the student has reported or exhibited any defined
sign or symptom of a serious sports injury by a licensed, registered, or
certified medical practitioner operating within their respective scope of
practice; by any other licensed, registered, or certified individual whose
scope of practice includes the recognition of symptoms associated with
serious sports injuries; by an athletic trainer; or by an official of the athletic
competition.
Proposed law provides that any student who is removed from practice, training, or
competition due to a serious sports injury:
(1)Shall, as soon as practicable after reporting or exhibiting any sign or symptom of a
serious sports 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 and an 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 documented training regarding the nature and risk of serious sports
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 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. HLS 11RS-707 ENGROSSED
HB NO. 364
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are additions.
Proposed law allows BESE to engage and solicit input from the La. State Board of Medical
Examiners and the Sports Medicine Advisory Committee of the La. High School Athletic
Association in developing administrative rules required by proposed law.
(Adds R.S. 40:1299.181)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Redefined the set of schools to which proposed law would apply, changing
applicability from elementary and secondary schools to high schools.
2. Changed a designation relating to athletic trainers from "licensed athletic trainer"
to "athletic trainer licensed by the Louisiana State Board of Medical Examiners".
3. Specified that the function of an athletic trainer who is present at every inter-
school game of football, as required by proposed law, is to provide athletic health
care.
4. Changed the name of the set of injuries to be defined per provisions of proposed
law from "serious injuries" to "serious sports injuries".
5. Deleted provision of proposed law requiring that a sports official remove a
student from practice, training, or competition if the student shows signs or
symptoms of certain injuries.
6. Added provision to proposed law to include a sports official as a person from
whom a coach may receive a valid report of a student-athlete's injury.
7. Changed provision of proposed law relative to certain training for coaches and
officials from requiring that the training be biennial to requiring that the training
be documented.
8. Added a permissive provision to proposed law allowing BESE to engage and
solicit input from the La. State Board of Medical Examiners and the Sports
Medicine Advisory Committee of the La. High School Athletic Association in
developing administrative rules required by proposed law.