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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 HLS 11RS-707 RE-REENGROSSED
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(2) Require that any coach, game official, on-field licensed health care1
provider, or athletic trainer remove a student from practice, training, or competition2
if any of the following circumstances occur:3
(a) The student reports any defined sign or symptom of a serious sports4
injury.5
(b) The coach or athletic trainer determines that the student exhibits any6
defined sign or symptom of a serious sports injury.7
(c) The coach is notified that the student has reported or exhibited any8
defined sign or symptom of a serious sports 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 sports injuries.14
(iv) An official responsible for judging or supervising the athletic15
competition.16
(3) Ensure that any student who, in accordance with the provisions of this17
Part, is removed from practice, training, or competition:18
(a) Shall, as soon as practicable after reporting or exhibiting any sign or19
symptom of a serious sports injury, be examined by a health professional duly20
licensed in this state to provide health care services or medical treatment.21
(b) May be allowed to return to practice, training, or competition only after22
the student provides to the coach and an athletic trainer written authorization from23
a health professional duly licensed in this state to provide health care services or24
medical treatment.25
(4) Require that each coach or official in school-sponsored or school-26
sanctioned athletic activities receive documented training regarding the nature and27
risks of serious sports injuries.28 HLS 11RS-707 RE-REENGROSSED
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(5) Subject to availability of financial resources and supply of the necessary1
workforce, rely to the greatest possible extent on athletic trainers licensed by the2
Louisiana State Board of Medical Examiners to provide athletic health care at high3
school athletic competitions. The services of such athletic trainers are an optional4
component of the sports injury management program provided for in this Part. The5
provisions of this Paragraph shall not be construed as requiring any school to employ6
an athletic trainer or otherwise incur any financial cost for utilizing the services of7
an athletic trainer.8
C. The school shall ensure that before a student is allowed to participate in9
any school-sponsored or school-sanctioned athletic activity, the student and the10
parent or guardian of the student shall document that they have viewed information,11
provided in written or verifiable electronic form by the school or school district,12
regarding risks of serious sports injuries.13
D. This Section does not create any liability for, or create a cause of action14
against, a school, its officers, or its employees.15
E. To carry out the duties prescribed in this Part, a school may contract for16
and accept private contributions, gifts, and grants, or in-kind aid from the federal17
government, the state, or any other source.18
F. The Board of Elementary and Secondary Education (BESE) shall19
promulgate, in accordance with the Administrative Procedure Act, any rules20
necessary to implement the sports injury management program provided for in this21
Part. In developing such rules, BESE may engage and solicit input from the22
Louisiana State Board of Medical Examiners and the Sports Medicine Advisory23
Committee of the Louisiana High School Athletic Association, and may incorporate24
recommendations of those groups in any final rules providing for a sports injury25
management program.26 HLS 11RS-707 RE-REENGROSSED
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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.
(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 provides that HLS 11RS-707 RE-REENGROSSED
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the services of athletic trainers in the sports injury management program are optional and
proposed law shall not be construed to require that any school employ an athletic trainer or
incur any financial cost for utilizing the services of an athletic trainer.
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)
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. HLS 11RS-707 RE-REENGROSSED
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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.
House Floor Amendments to the reengrossed bill.
1. Clarified that the services of athletic trainers in the sports injury management
program are optional and proposed law shall not be construed to require that any
school employ an athletic trainer or incur any financial cost for utilizing the
services of an athletic trainer.