| 1 | 1 | | HOUSE BILL NO. 4371 A bill to provide for and require compliance with safety and other standards for youth sports; to provide for grants; and to provide for the powers and duties of certain state governmental and educational entities. the people of the state of michigan enact: Sec. 1. This act may be cited as the "safe youth sports act". Sec. 3. As used in this act: (a) "Advanced standards" means the standards described in section 9. (b) "Basic standards" means the standards described in section 7. (c) "Coach" means an individual who is employed by or volunteers for an organizing entity as a coach, manager, or supervisor of youth sports. Coach does not include an individual providing occasional, minor assistance with youth sports. (d) "Department" means the department of health and human services. (e) "Ergogenic aid" means a substance or device that enhances energy production, use, or recovery and provides athletes with a competitive advantage. (f) "Institute" means the Institute for the Study of Youth Sports at Michigan State University. (g) "Organizing entity" means a public or private entity that, as a core function, organizes and supervises youth sports, other than only a 1-time event. Organizing entity does not include an entity under the purview of the Michigan High School Athletic Association. (h) "Protecting Youth Athletes training" means the Protecting Youth Athletes training of the National Alliance for Youth Sports in effect on the enactment date of this act or a subsequent version approved by the institute as consistent with the purposes of this act. (i) "Publish" means to do both of the following: (i) Prominently post at sites of practice, group conditioning, and competition. (ii) Post on a website accessible to parents and guardians of youth athletes or deliver by postal mail or email to parents and guardians of youth athletes. (j) "Standards" means basic standards and advanced standards. (k) "Youth athlete" means an individual less than 18 years of age who participates in youth sports. (l) "Youth sports" means a program or event, including practice, group conditioning, and competition, during which youth athletes, under the auspices of an organizing entity, participate or prepare to participate in an athletic competition against another team, club, entity, or individual. Youth sports does not include an activity that is incidental to a nonathletic program or lesson. Sec. 5. (1) The institute, under the oversight of the department, shall do all of the following: (a) Approve standards to help ensure a safe and supportive youth sports environment for youth athletes. (b) Approve training programs to meet the standards. (c) Establish a process for approving alternative training programs proposed by organizing entities, parents, or other persons. (d) Promote the certification program under subsection (2). (2) An organizing entity that complies with the basic or advanced standards may submit certification of its compliance to the institute. The institute shall maintain on a publicly accessible website a list of organizing entities that have submitted a current certification. A certification is valid for 1 year. (3) Whether or not it complies with any other standards and submits a certification under subsection (2), an organizing entity shall comply with section 7(b). (4) The department shall administer a grant program to do both of the following: (a) Assist organizing entities to comply with the advanced standards. (b) Assist organizing entities that have a high percentage of youth athletes from low-income households with the costs of meeting the basic standards to attain certification under subsection (2). (5) The duties of the institute and department under this section are subject to the institute and department receiving sufficient appropriations to carry out those duties. Sec. 7. The basic standards are all of the following: (a) The organizing entity shall adopt and publish an emergency action plan and a severe weather (including heat) policy, specific to each site of practice, group conditioning, or competition. (b) An annual criminal background check shall be conducted on each adult who is employed by or volunteers in a designated role for the organizing entity and has more than incidental contact with youth athletes. The adult must not have a listed offense as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, and revealed by the criminal background check. (c) Each coach and administrator shall agree to and sign a published code of conduct. (d) Each coach shall successfully complete all of the following training: (i) The Protecting Youth Athletes training, subject to section 5(1)(c). (ii) Cardiopulmonary resuscitation (CPR). CPR training that meets the requirements of section 1319 of the revised school code, 1976 PA 451, MCL 380.1319, meets the requirements of this subparagraph. (iii) Automated external defibrillator (AED). AED training that meets the requirements of section 1319 of the revised school code, 1976 PA 451, MCL 380.1319, meets the requirements of this subparagraph. (e) Each coach, each youth athlete, and a parent or guardian of each youth athlete shall successfully complete concussion training. Concussion training that meets the requirements of sections 9155 and 9156 of the public health code, 1978 PA 368, MCL 333.9155 and 333.9156, meets the requirements of this subdivision. (f) The organizing entity shall regularly check both of the following: (i) Safety equipment. (ii) Safety of sites of practice, group conditioning, and competition. Sec. 9. (1) The advanced standards are the basic standards plus the requirements of this section. (2) The organizing entity shall do both of the following: (a) Designate an individual to manage safety. (b) One of the following: (i) Adopt and publish an injury prevention plan. (ii) Establish an injury evaluation space at each site of competition. (iii) Ensure that an athletic trainer is present at each competition. (iv) Ensure that each coach is certified in first aid. (3) Each coach shall successfully complete training on both of the following: (a) Any of the following: (i) Managing people. (ii) Running a safe and productive practice session. (b) Any of the following: (i) Inclusivity. (ii) Youth athletes with disabilities. (iii) Bullying and hazing, including bullying and hazing by use of social media. (iv) Recognizing mental health issues. (v) Substance use and abuse, including opioids, ergogenic aids, and performance-enhancing drugs. (vi) Nutrition and hydration during practice, conditioning, and competition. (4) A parent or guardian of each youth athlete shall do any of the following: (a) Agree to and sign a code of conduct. (b) Successfully complete the Protecting Youth Athletes training for parents, subject to section 5(1)(c). (5) Each referee or other official shall do any of the following: (a) Agree to and sign a code of conduct. (b) Successfully complete inclusivity training. (c) Successfully complete the Protecting Youth Athletes training for parents, subject to section 5(1)(c). Sec. 11. The department may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. |
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| 2 | 2 | | |
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| 3 | 3 | | HOUSE BILL NO. 4371 |
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| 4 | 4 | | |
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| 5 | 5 | | A bill to provide for and require compliance with safety and other standards for youth sports; to provide for grants; and to provide for the powers and duties of certain state governmental and educational entities. |
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| 6 | 6 | | |
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| 7 | 7 | | the people of the state of michigan enact: |
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| 8 | 8 | | |
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| 9 | 9 | | Sec. 1. This act may be cited as the "safe youth sports act". |
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| 10 | 10 | | |
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| 11 | 11 | | Sec. 3. As used in this act: |
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| 12 | 12 | | |
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| 13 | 13 | | (a) "Advanced standards" means the standards described in section 9. |
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| 14 | 14 | | |
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| 15 | 15 | | (b) "Basic standards" means the standards described in section 7. |
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| 16 | 16 | | |
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| 17 | 17 | | (c) "Coach" means an individual who is employed by or volunteers for an organizing entity as a coach, manager, or supervisor of youth sports. Coach does not include an individual providing occasional, minor assistance with youth sports. |
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| 18 | 18 | | |
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| 19 | 19 | | (d) "Department" means the department of health and human services. |
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| 20 | 20 | | |
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| 21 | 21 | | (e) "Ergogenic aid" means a substance or device that enhances energy production, use, or recovery and provides athletes with a competitive advantage. |
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| 22 | 22 | | |
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| 23 | 23 | | (f) "Institute" means the Institute for the Study of Youth Sports at Michigan State University. |
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| 24 | 24 | | |
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| 25 | 25 | | (g) "Organizing entity" means a public or private entity that, as a core function, organizes and supervises youth sports, other than only a 1-time event. Organizing entity does not include an entity under the purview of the Michigan High School Athletic Association. |
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| 26 | 26 | | |
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| 27 | 27 | | (h) "Protecting Youth Athletes training" means the Protecting Youth Athletes training of the National Alliance for Youth Sports in effect on the enactment date of this act or a subsequent version approved by the institute as consistent with the purposes of this act. |
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| 28 | 28 | | |
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| 29 | 29 | | (i) "Publish" means to do both of the following: |
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| 30 | 30 | | |
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| 31 | 31 | | (i) Prominently post at sites of practice, group conditioning, and competition. |
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| 32 | 32 | | |
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| 33 | 33 | | (ii) Post on a website accessible to parents and guardians of youth athletes or deliver by postal mail or email to parents and guardians of youth athletes. |
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| 34 | 34 | | |
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| 35 | 35 | | (j) "Standards" means basic standards and advanced standards. |
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| 36 | 36 | | |
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| 37 | 37 | | (k) "Youth athlete" means an individual less than 18 years of age who participates in youth sports. |
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| 38 | 38 | | |
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| 39 | 39 | | (l) "Youth sports" means a program or event, including practice, group conditioning, and competition, during which youth athletes, under the auspices of an organizing entity, participate or prepare to participate in an athletic competition against another team, club, entity, or individual. Youth sports does not include an activity that is incidental to a nonathletic program or lesson. |
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| 40 | 40 | | |
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| 41 | 41 | | Sec. 5. (1) The institute, under the oversight of the department, shall do all of the following: |
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| 42 | 42 | | |
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| 43 | 43 | | (a) Approve standards to help ensure a safe and supportive youth sports environment for youth athletes. |
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| 44 | 44 | | |
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| 45 | 45 | | (b) Approve training programs to meet the standards. |
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| 46 | 46 | | |
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| 47 | 47 | | (c) Establish a process for approving alternative training programs proposed by organizing entities, parents, or other persons. |
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| 48 | 48 | | |
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| 49 | 49 | | (d) Promote the certification program under subsection (2). |
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| 50 | 50 | | |
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| 51 | 51 | | (2) An organizing entity that complies with the basic or advanced standards may submit certification of its compliance to the institute. The institute shall maintain on a publicly accessible website a list of organizing entities that have submitted a current certification. A certification is valid for 1 year. |
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| 52 | 52 | | |
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| 53 | 53 | | (3) Whether or not it complies with any other standards and submits a certification under subsection (2), an organizing entity shall comply with section 7(b). |
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| 54 | 54 | | |
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| 55 | 55 | | (4) The department shall administer a grant program to do both of the following: |
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| 56 | 56 | | |
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| 57 | 57 | | (a) Assist organizing entities to comply with the advanced standards. |
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| 58 | 58 | | |
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| 59 | 59 | | (b) Assist organizing entities that have a high percentage of youth athletes from low-income households with the costs of meeting the basic standards to attain certification under subsection (2). |
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| 60 | 60 | | |
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| 61 | 61 | | (5) The duties of the institute and department under this section are subject to the institute and department receiving sufficient appropriations to carry out those duties. |
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| 62 | 62 | | |
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| 63 | 63 | | Sec. 7. The basic standards are all of the following: |
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| 64 | 64 | | |
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| 65 | 65 | | (a) The organizing entity shall adopt and publish an emergency action plan and a severe weather (including heat) policy, specific to each site of practice, group conditioning, or competition. |
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| 66 | 66 | | |
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| 67 | 67 | | (b) An annual criminal background check shall be conducted on each adult who is employed by or volunteers in a designated role for the organizing entity and has more than incidental contact with youth athletes. The adult must not have a listed offense as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, and revealed by the criminal background check. |
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| 68 | 68 | | |
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| 69 | 69 | | (c) Each coach and administrator shall agree to and sign a published code of conduct. |
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| 70 | 70 | | |
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| 71 | 71 | | (d) Each coach shall successfully complete all of the following training: |
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| 72 | 72 | | |
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| 73 | 73 | | (i) The Protecting Youth Athletes training, subject to section 5(1)(c). |
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| 74 | 74 | | |
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| 75 | 75 | | (ii) Cardiopulmonary resuscitation (CPR). CPR training that meets the requirements of section 1319 of the revised school code, 1976 PA 451, MCL 380.1319, meets the requirements of this subparagraph. |
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| 76 | 76 | | |
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| 77 | 77 | | (iii) Automated external defibrillator (AED). AED training that meets the requirements of section 1319 of the revised school code, 1976 PA 451, MCL 380.1319, meets the requirements of this subparagraph. |
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| 78 | 78 | | |
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| 79 | 79 | | (e) Each coach, each youth athlete, and a parent or guardian of each youth athlete shall successfully complete concussion training. Concussion training that meets the requirements of sections 9155 and 9156 of the public health code, 1978 PA 368, MCL 333.9155 and 333.9156, meets the requirements of this subdivision. |
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| 80 | 80 | | |
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| 81 | 81 | | (f) The organizing entity shall regularly check both of the following: |
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| 82 | 82 | | |
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| 83 | 83 | | (i) Safety equipment. |
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| 84 | 84 | | |
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| 85 | 85 | | (ii) Safety of sites of practice, group conditioning, and competition. |
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| 86 | 86 | | |
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| 87 | 87 | | Sec. 9. (1) The advanced standards are the basic standards plus the requirements of this section. |
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| 88 | 88 | | |
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| 89 | 89 | | (2) The organizing entity shall do both of the following: |
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| 90 | 90 | | |
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| 91 | 91 | | (a) Designate an individual to manage safety. |
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| 92 | 92 | | |
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| 93 | 93 | | (b) One of the following: |
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| 94 | 94 | | |
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| 95 | 95 | | (i) Adopt and publish an injury prevention plan. |
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| 96 | 96 | | |
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| 97 | 97 | | (ii) Establish an injury evaluation space at each site of competition. |
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| 98 | 98 | | |
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| 99 | 99 | | (iii) Ensure that an athletic trainer is present at each competition. |
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| 100 | 100 | | |
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| 101 | 101 | | (iv) Ensure that each coach is certified in first aid. |
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| 102 | 102 | | |
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| 103 | 103 | | (3) Each coach shall successfully complete training on both of the following: |
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| 104 | 104 | | |
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| 105 | 105 | | (a) Any of the following: |
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| 106 | 106 | | |
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| 107 | 107 | | (i) Managing people. |
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| 108 | 108 | | |
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| 109 | 109 | | (ii) Running a safe and productive practice session. |
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| 110 | 110 | | |
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| 111 | 111 | | (b) Any of the following: |
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| 112 | 112 | | |
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| 113 | 113 | | (i) Inclusivity. |
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| 114 | 114 | | |
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| 115 | 115 | | (ii) Youth athletes with disabilities. |
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| 116 | 116 | | |
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| 117 | 117 | | (iii) Bullying and hazing, including bullying and hazing by use of social media. |
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| 118 | 118 | | |
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| 119 | 119 | | (iv) Recognizing mental health issues. |
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| 120 | 120 | | |
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| 121 | 121 | | (v) Substance use and abuse, including opioids, ergogenic aids, and performance-enhancing drugs. |
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| 122 | 122 | | |
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| 123 | 123 | | (vi) Nutrition and hydration during practice, conditioning, and competition. |
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| 124 | 124 | | |
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| 125 | 125 | | (4) A parent or guardian of each youth athlete shall do any of the following: |
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| 126 | 126 | | |
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| 127 | 127 | | (a) Agree to and sign a code of conduct. |
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| 128 | 128 | | |
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| 129 | 129 | | (b) Successfully complete the Protecting Youth Athletes training for parents, subject to section 5(1)(c). |
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| 130 | 130 | | |
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| 131 | 131 | | (5) Each referee or other official shall do any of the following: |
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| 132 | 132 | | |
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| 133 | 133 | | (a) Agree to and sign a code of conduct. |
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| 134 | 134 | | |
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| 135 | 135 | | (b) Successfully complete inclusivity training. |
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| 136 | 136 | | |
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| 137 | 137 | | (c) Successfully complete the Protecting Youth Athletes training for parents, subject to section 5(1)(c). |
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| 138 | 138 | | |
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| 139 | 139 | | Sec. 11. The department may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. |
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