Louisiana 2011 2011 Regular Session

Louisiana House Bill HB364 Engrossed / Bill

                    HLS 11RS-707	REENGROSSED
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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 authorize promulgation of rules; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Part XXXVII-A of Chapter 5 of Title 40 of the Louisiana Revised Statutes7
of 1950, comprised of R.S. 40:1299.181, is hereby enacted to read as follows: 8
PART XXXVII-A.  COMPREHENSIVE SPORTS INJURY9
MANAGEMENT PROGRAM10
ยง1299.181. Comprehensive sports injury management program for student athletics11
A. Each high school that sponsors or sanctions any athletic activity in this12
state and which requires a participating student to regularly practice or train and13
compete, is subject to the terms of the injury management program provided for in14
Subsections B through F of this Section.15
B.  The injury management program shall:16
(1) Establish a set of injuries to be classified as "serious sports injuries" for17
the purposes of the program and define the signs and symptoms of such injuries.18
(2) Require that any coach, game official, on-field licensed health care19
provider, or athletic trainer remove a student from practice, training, or competition20
if any of the following circumstances occur:21 HLS 11RS-707	REENGROSSED
HB NO. 364
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(a) The student reports any defined sign or symptom of a serious sports1
injury.2
(b) The coach or athletic trainer determines that the student exhibits any3
defined sign or symptom of a serious sports injury.4
(c) The coach is notified that the student has reported or exhibited any5
defined sign or symptom of a serious sports injury by any of the following persons:6
(i)  A licensed, registered, or certified medical practitioner operating within7
their respective scope of practice.8
(ii)  A licensed athletic trainer.9
(iii) Any other licensed, registered, or certified individual whose scope of10
practice includes the recognition of symptoms associated with serious sports injuries.11
(iv) An official responsible for judging or supervising the athletic12
competition.13
(3) Ensure that any student who, in accordance with the provisions of this14
Part, is removed from practice, training, or competition:15
(a) Shall, as soon as practicable after reporting or exhibiting any sign or16
symptom of a serious sports injury, be examined by a health professional duly17
licensed in this state to provide health care services or medical treatment.18
(b) May be allowed to return to practice, training, or competition only after19
the student provides to the coach and an athletic trainer written authorization from20
a health professional duly licensed in this state to provide health care services or21
medical treatment.22
(4) Require that each coach or official in school-sponsored or school-23
sanctioned athletic activities receive documented training regarding the nature and24
risks of serious sports injuries.25
(5) Subject to availability of financial resources and supply of the necessary26
workforce, rely to the greatest possible extent on athletic trainers licensed by the27
Louisiana State Board of Medical Examiners to provide athletic health care at high28
school athletic competitions.29 HLS 11RS-707	REENGROSSED
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C. The school shall ensure that before a student is allowed to participate in1
any school-sponsored or school-sanctioned athletic activity, the student and the2
parent or guardian of the student shall document that they have viewed information,3
provided in written or verifiable electronic form by the school or school district,4
regarding risks of serious sports injuries.5
D.  This Section does not create any liability for, or create a cause of action6
against, a school, its officers, or its employees.7
E.  To carry out the duties prescribed in this Part, a school may contract for8
and accept private contributions, gifts, and grants, or in-kind aid from the federal9
government, the state, or any other source.10
F. The Board of Elementary and Secondary Education (BESE) shall11
promulgate, in accordance with the Administrative Procedure Act, any rules12
necessary to implement the sports injury management program provided for in this13
Part. In developing such rules, BESE may engage and solicit input from the14
Louisiana State Board of Medical Examiners and the Sports Medicine Advisory15
Committee of the Louisiana High School Athletic Association, and may incorporate16
recommendations of those groups in any final rules providing for a sports injury17
management program.18
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.
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. HLS 11RS-707	REENGROSSED
HB NO. 364
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(2)Require that any coach, athletic trainer, game official, or on-field licensed health care
provider 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 provides that subject to availability of financial resources and supply of the
necessary workforce, the sports injury management program shall rely to the greatest
possible extent on athletic trainers licensed by the La. State Board of Medical Examiners to
provide athletic health care at high school athletic competitions.
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.
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) HLS 11RS-707	REENGROSSED
HB NO. 364
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are additions.
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 La. 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.
Committee Amendments Proposed by House Committee on Appropriations to the
engrossed bill.
1. Removed requirement that any high school which sponsors organized tackle
football shall ensure that at least one licensed athletic trainer is present at every
inter-school game of tackle football.
2. Added game official and on-field licensed health care provider to those who can
remove students from training, practice, or competition.
3. Added provision that subject to availability of financial resources and supply of
the necessary workforce, the sports injury management program shall rely to the
greatest possible extent on athletic trainers licensed by the La. State Board of
Medical Examiners to provide athletic health care at high school athletic
competitions.