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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.
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
(a) The student reports any defined sign or symptom of a serious sports22
injury.23 ENROLLEDHB NO. 364
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(b) The coach or athletic trainer determines that the student exhibits any1
defined sign or symptom of a serious sports injury.2
(c) The coach is notified that the student has reported or exhibited any3
defined sign or symptom of a serious sports injury by any of the following persons:4
(i) A licensed, registered, or certified medical practitioner operating within5
their respective scope of practice.6
(ii) A licensed athletic trainer.7
(iii) Any other licensed, registered, or certified individual whose scope of8
practice includes the recognition of symptoms associated with serious sports injuries.9
(iv) An official responsible for judging or supervising the athletic10
competition.11
(3) Ensure that any student who, in accordance with the provisions of this12
Part, is removed from practice, training, or competition:13
(a) Shall, as soon as practicable after reporting or exhibiting any sign or14
symptom of a serious sports injury, be examined by a health professional duly15
licensed in this state to provide health care services or medical treatment.16
(b) May be allowed to return to practice, training, or competition only after17
the student provides to the coach and an athletic trainer written authorization from18
a health professional duly licensed in this state to provide health care services or19
medical treatment.20
(4) Require that each coach or official in school-sponsored or school-21
sanctioned athletic activities receive documented training regarding the nature and22
risks of serious sports injuries.23
(5) Subject to availability of financial resources and supply of the necessary24
workforce, rely to the greatest possible extent on athletic trainers licensed by the25
Louisiana State Board of Medical Examiners to provide athletic health care at high26
school athletic competitions.27
C. The school shall ensure that before a student is allowed to participate in28
any school-sponsored or school-sanctioned athletic activity, the student and the29
parent or guardian of the student shall document that they have viewed information,30 ENROLLEDHB NO. 364
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provided in written or verifiable electronic form by the school or school district,1
regarding risks of serious sports injuries.2
D. This Section does not create any liability for, or create a cause of action3
against, a school, its officers, or its employees.4
E. 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
F. The Board of Elementary and Secondary Education (BESE) shall8
promulgate, in accordance with the Administrative Procedure Act, any rules9
necessary to implement the sports injury management program provided for in this10
Part. In developing such rules, BESE may engage and solicit input from the11
Louisiana State Board of Medical Examiners and the Sports Medicine Advisory12
Committee of the Louisiana High School Athletic Association, and may incorporate13
recommendations of those groups in any final rules providing for a sports injury14
management program.15
G. No school or school system shall be required to incur any financial cost16
related to the implementation of this Section, unless funds are appropriated by the17
legislature for such purpose.18
H. The provisions of this Part shall not apply to concussions, as the protocols19
specific to these injuries shall be governed by the Louisiana Youth Concussion Act.20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: