S.B. 80
- *SB80*
SENATE BILL NO. 80–COMMITTEE ON EDUCATION
(ON BEHALF OF THE NEVADA YOUTH LEGISLATURE)
PREFILED JANUARY 26, 2023
____________
Referred to Committee on Education
SUMMARY—Revises provisions relating to the prevention and
treatment of injuries to the head. (BDR 34-549)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 8)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public safety; revising the contents of certain
policies adopted by the Nevada Interscholastic Activities
Association and organizations for youth sports concerning
the prevention and treatment of injuries to the head;
requiring certain schools to adopt such a policy; requiring
certain schools to create and distribute a brochure
concerning the prevention and treatment of injuries to the
head and establish a concussion management team;
providing a penalty; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Nevada Interscholastic Activities Association, the 1
board of trustees of each school district and each organization for youth sports that 2
sponsors or sanctions competitive sports for youth to adopt a policy concerning the 3
prevention and treatment of injuries to the head. Existing law requires such a policy 4
to require: (1) a pupil or youth who sustains or is suspected to have sustained an 5
injury to the head to be removed from an activity or event to which the policy 6
applies; and (2) the parent or guardian of such a pupil or youth to provide a signed 7
statement from a provider of health care authorizing the pupil or youth to return to 8
the activity or event before the pupil or youth is authorized to return to the activity 9
or event. (NRS 385B.080, 392.452, 455A.200) 10
Section 2 of this bill defines “provider of health care” as it is used in sections 11
3-7 of this bill. Section 7 of this bill: (1) expands the policy that the Association is 12
required to adopt concerning the prevention and treatment of injuries to the head; 13
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and (2) requires the Association to create a brochure on the prevention and 14
treatment of injuries to the head. Sections 3-6 of this bill prescribe the requirements 15
of the expanded policy. 16
Section 3 of this bill requires the policy to include a requirement that, if 17
practicable, a provider of health care evaluate each pupil before the pupil 18
participates in an interscholastic activity or event to determine the physical and 19
cognitive abilities of the pupil. Section 4 of this bill requires the policy to require 20
the person responsible for the supervision of a pupil who sustains or is suspected of 21
sustaining an injury to the head during the interscholastic activity or event to: (1) 22
immediately remove the pupil from the interscholastic activity or event and ensure 23
the pupil is evaluated for an injury to the head; and (2) convey certain information 24
about the head injury and the policy of the Association regarding head injuries to 25
the parent or legal guardian of that pupil. 26
Section 6 of this bill requires the policy to include certain steps the pupil who 27
has sustained or is suspected of having sustained an injury to the head is required to 28
complete in order to return to participation in course work at school or an 29
interscholastic activity or event. Section 5 of this bill prescribes a process for 30
conducting daily evaluations of such a pupil to determine whether the pupil should 31
progress through the steps prescribed by section 6. 32
Section 7 also requires the Association to: (1) provide the policy to a parent or 33
legal guardian of a pupil before the pupil participates in an interscholastic activity 34
or event and annually thereafter; (2) ensure that the pupil and his or her parent or 35
legal guardian sign a form containing certain disclosures before the pupil 36
participates in an interscholastic activity or event and annually thereafter; and (3) 37
post the policy and brochure to an Internet website maintained by the Association. 38
Lastly, section 7 requires the Association to review the policy and brochure every 5 39
years and update them as necessary to reflect current best practices in the treatment 40
and prevention of injuries to the head. 41
Sections 8 and 9 of this bill require the board of trustees of each school district 42
and the governing body of each charter school, university school for profoundly 43
gifted pupils and private school to adopt a policy and create a brochure with the 44
same or substantially similar provisions as those required in sections 3-7 and to 45
modify such provisions as necessary for the provisions to apply to any pupil that 46
sustains an injury to the head. Sections 8 and 9 additionally require: (1) the 47
principal of each public and private school to create a concussion management 48
team to perform certain duties prescribed in the policy; and (2) certain employees 49
of a public or private school to complete training relating to head injuries. Section 9 50
provides that a person who willfully fails to perform the duties prescribed by 51
section 9 is guilty of a misdemeanor. 52
Section 10 of this bill requires each organization for youth sports that sanctions 53
or sponsors competitive sports for youths in this State to adopt a policy with the 54
same or substantially similar provisions as those required in sections 3-7, except 55
those provisions concerning the return to course work in a classroom. 56
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385B of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 6, inclusive, of this 2
act. 3
Sec. 2. As used in NRS 385B.080 and sections 2 to 6, 4
inclusive, of this act, “provider of health care” means a physician 5
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or physician assistant licensed pursuant to chapter 630 or 633 of 1
NRS, an advanced practice registered nurse licensed pursuant to 2
chapter 632 of NRS, a physical therapist licensed pursuant to 3
chapter 640 of NRS or an athletic trainer licensed pursuant 4
to chapter 640B of NRS. 5
Sec. 3. Except as otherwise provided in NRS 385B.080, the 6
policy adopted by the Nevada Interscholastic Activities Association 7
pursuant to NRS 385B.080 must require: 8
1. If practicable, a provider of health care to evaluate the 9
physical and cognitive abilities of each pupil before the pupil 10
participates in an interscholastic activity or event governed by the 11
Nevada Interscholastic Activities Association and at least annually 12
thereafter. 13
2. The evaluation required by subsection 1 to use one or more 14
evidence-based tests that include, without limitation: 15
(a) Attempting to provoke the symptoms of an injury to the 16
head in the pupil and evaluating the symptoms exhibited by the 17
pupil; and 18
(b) Evaluating the postural stability and cognitive ability of the 19
pupil. 20
Sec. 4. Except as otherwise provided in NRS 385B.080, the 21
policy adopted by the Nevada Interscholastic Activities Association 22
pursuant to NRS 385B.080 must require the teacher, coach or 23
other person responsible for supervising a pupil who sustains or is 24
suspected of sustaining an injury to the head while participating in 25
an interscholastic activity or event to: 26
1. Immediately remove the pupil from the activity or event 27
and ensure that the pupil is evaluated in accordance with 28
procedure set forth in section 5 of this act; and 29
2. Ensure that the parent or legal guardian of the pupil is 30
notified of the injury to the head and provided with the: 31
(a) Brochure created pursuant to NRS 385B.080; 32
(b) Procedure set forth in this section and sections 5 and 6 of 33
this act for the pupil to return to full participation in course work 34
at school and to an interscholastic activity or event; 35
(c) Contact information for the concussion management team 36
established pursuant to subsection 5 of NRS 392.452 or subsection 37
5 of section 9 of this act, as applicable; and 38
(d) Form prescribed by the Nevada Interscholastic Activities 39
Association pursuant to subsection 9 of section 5 of this act. 40
Sec. 5. Except as otherwise provided in NRS 385B.080, the 41
policy adopted by the Nevada Interscholastic Activities Association 42
pursuant to NRS 385B.080 must require that: 43
1. Not sooner than 24 hours after a pupil sustains or is 44
suspected of sustaining an injury to the head while participating in 45
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an interscholastic activity or event, a provider of health care 1
initially evaluate the pupil as provided in subsection 3. 2
2. A provider of health care or school nurse who has received 3
training in the evaluation of injuries to the head evaluate the pupil 4
as provided in subsection 3 at least once each day thereafter until 5
the pupil is authorized to return to full participation in course 6
work at school and the interscholastic activity or event pursuant to 7
subsection 9. 8
3. An evaluation performed pursuant to subsection 1 or 2 9
consists of: 10
(a) Evaluating the symptoms, postural stability and cognitive 11
ability of the pupil. Such an evaluation must use the same test as 12
was initially used to evaluate the pupil pursuant to section 3 of this 13
act, if applicable. 14
(b) Comparing the results of the evaluation conducted 15
pursuant to paragraph (a) to: 16
(1) The results of the evaluation conducted pursuant to 17
section 3 of this act; or 18
(2) If an evaluation of the pupil has not been performed 19
pursuant to section 3 of this act, a statistically valid database that 20
establishes the physical and cognitive abilities of a pupil of similar 21
age and other relevant characteristics to the pupil that sustained 22
or is suspected to have sustained an injury to the head. 23
4. After performing an evaluation pursuant to subsection 1 or 24
2, a provider of health care or school nurse consult with other 25
members of the concussion management team established 26
pursuant to subsection 5 of NRS 392.452 or subsection 5 of 27
section 9 of this act, as applicable, and, if such other members 28
have been appointed, determine whether the pupil should advance 29
to the next step, remain at the current step or return to the 30
previous step of the procedures set forth in section 6 of this act. 31
5. Before a pupil advances to the next step or returns to the 32
previous step of the procedures set forth in section 6 of this act, a 33
provider of health care or school nurse approve the advancement 34
or return, as applicable. A provider of health care or school nurse 35
may not authorize a pupil to: 36
(a) Skip a step or progress through more than one step in a 37
day under any circumstance; or 38
(b) Advance to the next step if the provider of health care or 39
school nurse believes that it would be unsafe for the pupil to 40
advance to the next step. 41
6. If a provider of health care or school nurse approves the 42
advancement of a pupil to the next step of the procedures set forth 43
in section 6 of this act, the provider of health care or school nurse 44
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document in a written record the date on which he or she 1
approved the advancement. 2
7. The school in which a pupil is enrolled maintain the 3
written record created pursuant to subsection 6 for at least 4 years 4
after the date the documentation is made. 5
8. A provider of health care or school nurse who evaluates a 6
pupil pursuant to subsection 2 return the pupil to the previous step 7
of the procedures set forth in section 6 of this act, if the provider 8
of health care or school nurse determines that symptoms for the 9
injury to the head have worsened after the previous evaluation. 10
9. Before a pupil returns to full participation in course work 11
at school or an interscholastic activity or event, a provider of 12
health care evaluate the pupil pursuant to subsection 2 and sign a 13
form prescribed by the Nevada Interscholastic Activities 14
Association: 15
(a) Certifying that the pupil has completed the appropriate 16
procedure set forth in section 6 of this act; and 17
(b) Authorizing the pupil to return to full participation in 18
course work at school or a sport or other physically demanding 19
interscholastic activity or event, as applicable. 20
Sec. 6. Except as otherwise provided in NRS 385B.080, the 21
policy adopted by the Nevada Interscholastic Activities Association 22
pursuant to NRS 385B.080 must prohibit a pupil from returning to 23
full participation in: 24
1. Course work at school until the pupil has completed a 25
procedure that ensures the pupil is physically and mentally ready 26
to return to full participation in course work at school, including, 27
without limitation, completing the following steps in the following 28
order: 29
(a) Total rest; 30
(b) Daily activities at home; 31
(c) Course work completed at home; 32
(d) Course work completed at school, but not participating in a 33
classroom; 34
(e) Participation in a classroom with any accommodation 35
necessary; 36
(f) Participation in a classroom with minimal 37
accommodations; and 38
(g) A provider of health care signing a form authorizing the 39
pupil to return to full participation in course work at school 40
pursuant to subsection 9 of section 5 of this act. 41
2. An interscholastic activity or event until the pupil has 42
completed a procedure that ensures the pupil is physically and 43
mentally ready to return to full participation in the interscholastic 44
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activity or event, including, without limitation, completing the 1
following steps in the following order: 2
(a) Total rest; 3
(b) Light aerobic activity; 4
(c) Moderate aerobic activity, including, without limitation, 5
non-contact training activities at half speed; 6
(d) Vigorous aerobic activity, including, without limitation, 7
non-contact training activities at full speed; 8
(e) Full-contact practice; and 9
(f) A provider of health care signing a form authorizing the 10
pupil to return to full participation in the interscholastic activity or 11
event pursuant to subsection 9 of section 5 of this act. 12
Sec. 7. NRS 385B.080 is hereby amended to read as follows: 13
385B.080 1. The Nevada Interscholastic Activities 14
Association shall [adopt] : 15
(a) Adopt regulations prescribing a policy concerning the 16
prevention and treatment of injuries to the head which may occur 17
during a pupil’s participation in interscholastic activities and events, 18
including, without limitation, a concussion of the brain. Except as 19
otherwise provided in subsection 6, the policy must contain the 20
items required by sections 3 to 6, inclusive, of this act. 21
(b) Create a brochure concerning the prevention and 22
treatment of injuries to the head which may occur during the 23
participation of a pupil in interscholastic activities or events, 24
including, without limitation, a concussion of the brain. 25
2. The [policy] brochure created pursuant to paragraph (b) of 26
subsection 1 must [provide information concerning the nature and 27
risk of injuries to the head which may occur during a pupil’s 28
participation in interscholastic activities and events, including, 29
without limitation, the risks associated with continuing to participate 30
in the activity or event after sustaining such an injury. 31
2. The policy adopted pursuant to subsection 1 must require 32
that if a pupil sustains or is suspected of sustaining an injury to the 33
head while participating in an interscholastic activity or event, the 34
pupil: 35
(a) Must be immediately removed from the activity or event; 36
and 37
(b) May return to the activity or event if the parent or legal 38
guardian of the pupil provides a signed statement of a provider of 39
health care indicating that the pupil is medically cleared for 40
participation in the activity or event and the date on which the pupil 41
may return to the activity or event.] include, without limitation: 42
(a) Information about injuries to the head, including, without 43
limitation, traumatic brain injuries and concussions of the brain; 44
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(b) The procedure to be followed after an injury to the head or 1
a suspected injury to the head of a pupil is sustained, including, 2
without limitation, the procedure in the policy adopted pursuant to 3
paragraph (a) of subsection 1 to determine when a pupil may 4
return to full participation in course work at school and any 5
interscholastic activity or event; 6
(c) The symptoms that a pupil who has sustained an injury to 7
the head is likely to exhibit and the manner in which such 8
symptoms are likely to subside over time; 9
(d) The recommended care and accommodations for a pupil 10
who has sustained or is suspected to have sustained a concussion 11
or other injury to the head and the resources for identifying the 12
proper care and accommodations for a specific pupil; and 13
(e) A place for school personnel to fill in the contact 14
information for: 15
(1) The concussion management team established pursuant 16
to subsection 5 of NRS 392.452 or subsection 5 of section 9 of this 17
act, as applicable; 18
(2) Providers of emergency medical services; and 19
(3) Nearby hospitals. 20
3. Before a pupil participates in an interscholastic activity or 21
event, and on an annual basis thereafter, the Nevada Interscholastic 22
Activities Association shall ensure that the pupil and his or her 23
parent or legal guardian: 24
(a) [Must be] Are provided with a copy of the policy adopted 25
pursuant to paragraph (a) of subsection 1; and 26
(b) [Must sign] Sign a statement on a form prescribed by the 27
Nevada Interscholastic Activities Association acknowledging that 28
the pupil , if capable, and his or her parent or guardian [have read 29
and understand the terms and conditions of the policy.] : 30
(1) Understand that injuries to the head may occur during 31
the participation of a pupil in interscholastic activities and events; 32
(2) Understand the risks associated with participating in an 33
activity or event in which a pupil may sustain an injury to the 34
head; 35
(3) Understand the risks associated with continuing to 36
participate in an activity or event after a pupil has sustained an 37
injury to the head; 38
(4) Agree to follow the policy adopted pursuant to 39
paragraph (a) of subsection 1 and the policy adopted pursuant to 40
NRS 392.452 or section 9 of this act, as applicable, by the school 41
district, charter school, university school for profoundly gifted 42
pupils or private school in which the pupil is enrolled; 43
(5) Understand that the policy adopted pursuant to 44
paragraph (a) of subsection 1 and the brochure created pursuant 45
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to paragraph (b) of subsection 1 are available on the Internet 1
website maintained by the Nevada Interscholastic Activities 2
Association; and 3
(6) Understand that the policy adopted and brochure 4
created pursuant to NRS 392.452 or section 9 of this act, as 5
applicable, are available on the Internet website maintained by the 6
school district, charter school, university school for profoundly 7
gifted pupils or private school in which the pupil is enrolled. 8
4. [As used in this section, “provider of health care” means a 9
physician or physician assistant licensed under chapter 630 or 633 10
of NRS, an advanced practice registered nurse licensed under 11
chapter 632 of NRS, a physical therapist licensed under chapter 640 12
of NRS or an athletic trainer licensed under chapter 640B of NRS.] 13
The Nevada Interscholastic Activities Association shall post the 14
policy adopted pursuant to paragraph (a) of subsection 1 and the 15
brochure created pursuant to paragraph (b) of subsection 1 on 16
the Internet website of the Nevada Interscholastic Activities 17
Association. 18
5. At least once every 5 years, the Nevada Interscholastic 19
Activities Association shall: 20
(a) Review the policy adopted pursuant to paragraph (a) of 21
subsection 1 and the brochure created pursuant to paragraph (b) 22
of subsection 1; and 23
(b) Update the policy and brochure to reflect current best 24
practices in the prevention and treatment of injuries to head. 25
6. Notwithstanding the provisions of sections 3 to 6, inclusive, 26
of this act, the Nevada Interscholastic Activities Association may 27
adopt regulations which prescribe alternative contents of the 28
policy adopted by the Association pursuant to this section if the 29
Association: 30
(a) Receives testimony from experts in the field of the 31
prevention and treatment of injuries to the head that the 32
alternative contents reflect current best practices in the prevention 33
and treatment of injuries to the head; and 34
(b) Concludes, on the basis of such testimony, that the 35
alternative contents would be more effective at preventing and 36
treating injuries to the head than the contents required by sections 37
3 to 6, inclusive, of this act. 38
Sec. 8. NRS 392.452 is hereby amended to read as follows: 39
392.452 1. [For those competitive sports not governed by the 40
Nevada Interscholastic Activities Association pursuant to chapter 41
385B of NRS, the] The board of trustees of each school district , the 42
governing body of each charter school and the governing body of 43
each university school for profoundly gifted pupils shall [adopt] : 44
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(a) Adopt a policy and create a brochure concerning the 1
prevention and treatment of injuries to the head [which may occur 2
during] of a [pupil’s participation in competitive sports within the 3
school district,] pupil, including, without limitation, a concussion of 4
the brain. [To the extent practicable, the] The policy and brochure 5
must [be consistent with] : 6
(1) Include at least the same or substantially similar 7
provisions as the policy adopted and brochure created by the 8
Nevada Interscholastic Activities Association pursuant to NRS 9
385B.080 [. The policy must provide information concerning the 10
nature and risk of injuries to the head which may occur during a 11
pupil’s participation in competitive sports, including, without 12
limitation, the risks associated with continuing to participate in 13
competitive sports after sustaining such an injury.] ; and 14
(2) Be modified as necessary to cover all pupils at a school 15
who sustain or are suspected of sustaining an injury to the head, 16
regardless of whether a pupil is at school or participating in an 17
extracurricular activity when the injury or suspected injury 18
occurs. 19
(b) Prescribe a form that is substantially similar to the form 20
prescribed by the Nevada Interscholastic Activities Association 21
pursuant to subsection 9 of section 5 of this act on which a 22
provider of health care may: 23
(1) Certify that a pupil who has sustained or is suspected of 24
having sustained an injury to the head has completed all 25
procedures required by the policy adopted pursuant to paragraph 26
(a) for the pupil to return to full participation in course work at 27
school or an extracurricular activity; and 28
(2) Authorize the pupil to return to full participation in 29
course work at school or an extracurricular activity, as applicable. 30
2. [The policy adopted pursuant to subsection 1 must require 31
that if a pupil sustains or is suspected of sustaining an injury to the 32
head while participating in competitive sports, the pupil: 33
(a) Must be immediately removed from the competitive sport; 34
and 35
(b) May return to the competitive sport if the parent or legal 36
guardian of the pupil provides a signed statement of a provider of 37
health care indicating that the pupil is medically cleared for 38
participation in the competitive sport and the date on which the 39
pupil may return to the competitive sport. 40
3.] Before a pupil participates in competitive sports within a 41
school district, and on an annual basis thereafter, the board of 42
trustees of a school district, the governing body of each charter 43
school and the governing body of each university school for 44
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profoundly gifted pupils shall ensure that each pupil and his or her 1
parent or legal guardian: 2
(a) [Must be] Are provided with a copy of the policy adopted 3
pursuant to paragraph (a) of subsection 1; and 4
(b) [Must sign] Sign a statement on a form prescribed by the 5
board of trustees of the school district, governing body of the 6
charter school or the governing body of the university school for 7
profoundly gifted pupils, as applicable, acknowledging that the 8
pupil , if capable, and his or her parent or guardian [have read and 9
understand the terms and conditions of the policy. 10
4.] : 11
(1) Understand that injuries to the head may occur during 12
the participation of a pupil in interscholastic activities and events; 13
(2) Understand the risks associated with participating in an 14
activity or event in which a pupil may sustain an injury to the 15
head; 16
(3) Understand the risks associated with continuing to 17
participate in an activity or event after a pupil has sustained an 18
injury to the head; 19
(4) Agree to follow the policy adopted pursuant to 20
paragraph (a) of subsection 1 and the policy adopted pursuant to 21
NRS 385B.080 by the Nevada Interscholastic Activities 22
Association; 23
(5) Understand that the policy adopted and the brochure 24
created pursuant to paragraph (a) of subsection 1 are available on 25
the Internet website maintained by the school district, charter 26
school or university school for profoundly gifted pupils in which 27
the pupil is enrolled; and 28
(6) Understand that the policy adopted and brochure 29
created pursuant to NRS 385B.080 are available on the Internet 30
website maintained by the Nevada Interscholastic Activities 31
Association. 32
3. Upon notification that a pupil enrolled in a public school 33
has sustained or is suspected of having sustained an injury to the 34
head, the board of trustees of a school district, the governing body 35
of each charter school and the governing body of each university 36
school for profoundly gifted pupils, as applicable, shall ensure 37
that the pupil and his or her parent or legal guardian are provided 38
with a copy of the policy adopted pursuant to paragraph (a) of 39
subsection 1. 40
4. Each public school, charter school and university school 41
for profoundly gifted pupils shall post the policy adopted and the 42
brochure created pursuant to paragraph (a) of subsection 1 on an 43
Internet website maintained by the school. 44
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5. The principal or other person in charge of each public 1
school, including, without limitation, each charter school or 2
university school for profoundly gifted pupils, shall establish a 3
concussion management team for the school. The concussion 4
management team must include a school nurse or athletic trainer, 5
and may additionally include, without limitation: 6
(a) School psychologists; 7
(b) School social workers; 8
(c) School counselors; 9
(d) Teachers; and 10
(e) Administrators. 11
6. A concussion management team established pursuant to 12
subsection 5 shall perform the duties prescribed in the policies 13
adopted pursuant to paragraph (a) of subsection 1 and 14
NRS 385B.080. 15
7. At least once every 5 years, the board of trustees of each 16
school district, the governing body of each charter school and the 17
governing body of each university school for profoundly gifted 18
pupils shall: 19
(a) Review the policy adopted and the brochure created 20
pursuant to paragraph (a) of subsection 1; and 21
(b) Update the policy and brochure to reflect current best 22
practices in the prevention and treatment of injuries to the head. 23
8. Each administrator, teacher, counselor or other employee 24
of a public school who is likely to encounter a pupil who has 25
sustained or is suspected of having sustained an injury to the head 26
must annually complete training regarding the prevention and 27
treatment of injuries to the head provided by the Centers for 28
Disease Control and Prevention of the United States Department 29
of Health and Human Services, the National Federation of State 30
High School Associations or a similar entity. Each public school 31
shall maintain a record of the training required by this section 32
which is completed by each employee of the public school and 33
provide such a record upon request. 34
9. As used in this section, “provider of health care” means a 35
physician or physician assistant licensed under chapter 630 or 633 36
of NRS, an advanced practice registered nurse licensed under 37
chapter 632 of NRS, a physical therapist licensed under chapter 640 38
of NRS or an athletic trainer licensed under chapter 640B of NRS. 39
Sec. 9. Chapter 394 of NRS is hereby amended by adding 40
thereto a new section to read as follows: 41
1. The governing body of each private school shall: 42
(a) Adopt a policy and create a brochure concerning the 43
prevention and treatment of injuries to the head of a pupil, 44
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including, without limitation, a concussion of the brain. The 1
policy and brochure must: 2
(1) Include at least the same or substantially similar 3
provisions as the policy adopted and brochure created by the 4
Nevada Interscholastic Activities Association pursuant to NRS 5
385B.080; and 6
(2) Be modified as necessary to cover all pupils at a school 7
who sustain or are suspected of sustaining an injury to the head, 8
regardless of whether a pupil is at school or participating in an 9
extracurricular activity when the injury or suspected injury 10
occurs. 11
(b) Prescribe a form that is substantially similar to the form 12
prescribed by the Nevada Interscholastic Activities Association 13
pursuant to subsection 9 of section 5 of this act on which a 14
provider of health care may: 15
(1) Certify that a pupil who has sustained or is suspected of 16
having sustained an injury to the head has completed all 17
procedures required by the policy adopted pursuant to paragraph 18
(a) for the pupil to return to full participation in course work at 19
school or an extracurricular activity; and 20
(2) Authorize the pupil to return to full participation in 21
course work at school or an extracurricular activity, as applicable. 22
2. Before a pupil participates in competitive sports with a 23
private school, and on an annual basis thereafter, the governing 24
body of each private school shall ensure that each pupil and his or 25
her parent or legal guardian: 26
(a) Are provided with a copy of the policy adopted pursuant to 27
paragraph (a) of subsection 1; 28
(b) Sign a statement on a form prescribed by the governing 29
body of the private school acknowledging that the pupil, if 30
capable, and his or her parent or guardian: 31
(1) Understand that injuries to the head may occur during 32
the participation of a pupil in interscholastic activities and events; 33
(2) Understand the risks associated with participating in an 34
activity or event in which a pupil may sustain an injury to the 35
head; 36
(3) Understand the risks associated with continuing to 37
participate in an activity or event after a pupil has sustained an 38
injury to the head; 39
(4) Agree to follow the policy adopted pursuant to 40
paragraph (a) of subsection 1 and the policy adopted pursuant to 41
NRS 385B.080 by the Nevada Interscholastic Activities 42
Association; 43
(5) Understand that the policy adopted and the brochure 44
created pursuant to paragraph (a) of subsection 1 are available on 45
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the Internet website maintained by the private school in which the 1
pupil is enrolled; and 2
(6) Understand that the policy adopted and brochure 3
created pursuant to NRS 385B.080 are available on the Internet 4
website maintained by the Nevada Interscholastic Activities 5
Association. 6
3. Upon notification that a pupil enrolled in a private school 7
has sustained or is suspected of having sustained an injury to the 8
head, the board of trustees of the private school shall ensure that 9
the pupil and his or her parent or legal guardian are provided with 10
a copy of the policy adopted pursuant to paragraph (a) of 11
subsection 1. 12
4. Each private school shall post the brochure created 13
pursuant to paragraph (a) of subsection 1 on an Internet website 14
maintained by the school. 15
5. The principal or other person in charge of each private 16
school shall establish a concussion management team for the 17
school. The concussion management team must include a school 18
nurse or athletic trainer, and may include, without limitation: 19
(a) School psychologists; 20
(b) School social workers; 21
(c) School counselors; 22
(d) Teachers; and 23
(e) Administrators. 24
6. A concussion management team established pursuant to 25
subsection 5 shall perform the duties prescribed in the policies 26
adopted pursuant to paragraph (a) of subsection 1 and 27
NRS 385B.080. 28
7. At least once every 5 years, the governing body of each 29
private school shall: 30
(a) Review the policy adopted and the brochure created 31
pursuant to paragraph (a) of subsection 1; and 32
(b) Update the policy and brochure to reflect current best 33
practices in the prevention and treatment of injuries to the head. 34
8. Each administrator, teacher, counselor or other employee 35
of a private school who is likely to encounter a pupil who has 36
sustained or is suspected of having sustained an injury to the head 37
must annually complete training regarding the prevention and 38
treatment of injuries to the head provided by the Centers for 39
Disease Control and Prevention of the United States Department 40
of Health and Human Services, the National Federation of State 41
High School Associations or a similar entity. Each private school 42
shall maintain a record of the training required by this section 43
which is completed by each employee of the private school and 44
provide such a record upon request. 45
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9. A person who willfully violates the provisions of this 1
section is guilty of a misdemeanor. Each day’s failure to comply 2
with the provisions of this section is a separate offense. 3
10. As used in this section, “provider of health care” means a 4
physician or physician assistant licensed under chapter 630 or 633 5
of NRS, an advanced practice registered nurse licensed under 6
chapter 632 of NRS, a physical therapist licensed under chapter 7
640 of NRS or an athletic trainer licensed under chapter 640B of 8
NRS. 9
Sec. 10. NRS 455A.200 is hereby amended to read as follows: 10
455A.200 1. Each organization for youth sports that 11
sanctions or sponsors competitive sports for youths in this State 12
shall [adopt] : 13
(a) Adopt a policy concerning the prevention and treatment of 14
injuries to the head which may occur during a youth’s participation 15
in those competitive sports, including, without limitation, a 16
concussion of the brain. [To the extent practicable,] Except for 17
provisions concerning a pupil returning to full participation in 18
course work at school, the policy must [be consistent with] include 19
at least the same or substantially similar provisions as the policy 20
adopted by the Nevada Interscholastic Activities Association 21
pursuant to NRS 385B.080. [The policy must provide information 22
concerning the nature and risk of injuries to the head which may 23
occur during a youth’s participation in competitive sports, including, 24
without limitation, the risks associated with continuing to participate 25
in competitive sports after sustaining such an injury.] 26
(b) Prescribe a form that is substantially similar to the form 27
prescribed by the Nevada Interscholastic Activities Association 28
pursuant to subsection 9 of section 5 of this act on which a 29
provider of health care may: 30
(1) Certify that a youth who has sustained or is suspected of 31
having sustained an injury to the head has completed all 32
procedures required by the policy adopted pursuant to paragraph 33
(a) for the youth to return to full participation in competitive 34
sports; and 35
(2) Authorize the youth to return to full participation in 36
competitive sports. 37
2. [The policy adopted pursuant to subsection 1 must require 38
that if a youth sustains or is suspected of sustaining an injury to the 39
head while participating in competitive sports, the youth: 40
(a) Must be immediately removed from the competitive sport; 41
and 42
(b) May return to the competitive sport if the parent or legal 43
guardian of the youth provides a signed statement of a provider of 44
health care indicating that the youth is medically cleared for 45
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participation in the competitive sport and the date on which the 1
youth may return to the competitive sport. 2
3.] Before a youth participates in competitive sports sanctioned 3
or sponsored by an organization for youth sports in this State, and 4
on an annual basis thereafter, the organization for youth sports 5
shall ensure that the youth and his or her parent or legal guardian: 6
(a) [Must be] Are provided with a copy of the policy adopted 7
pursuant to paragraph (a) of subsection 1; and 8
(b) [Must sign] Sign a statement on a form prescribed by the 9
organization for youth sports acknowledging that the youth , if 10
capable, and his or her parent or legal guardian [have read and 11
understand the terms and conditions of the policy. 12
4.] : 13
(1) Understand that injuries to the head may occur during 14
the participation of a youth in youth sports; 15
(2) Understand the risks associated with participating in a 16
youth sport in which a youth may sustain an injury to the head; 17
(3) Understand the risks associated with continuing to 18
participate in a youth sport after a youth has sustained an injury 19
to the head; 20
(4) Agree to follow the policy adopted pursuant to 21
paragraph (a) of subsection 1; 22
(5) Understand that the policy adopted pursuant to 23
paragraph (a) of subsection 1 is available on the Internet website 24
maintained by the organization for youth sports; and 25
(6) Understand that the policy adopted and brochure 26
created pursuant to NRS 385B.080 are available on the Internet 27
website maintained by the Nevada Interscholastic Activities 28
Association. 29
3. Each organization for youth sports that sanctions or 30
sponsors competitive sports for youths shall post the policy 31
adopted pursuant to paragraph (a) of subsection 1 on an Internet 32
website maintained by the organization. 33
4. At least once every 5 years, each organization for youth 34
sports that sanctions or sponsors competitive sports for youths in 35
this State shall: 36
(a) Review the policy adopted pursuant to paragraph (a) of 37
subsection 1; and 38
(b) Update the policy to reflect current best practice in the 39
prevention and treatment of injuries to the head. 40
5. As used in this section: 41
(a) “Provider of health care” means a physician or physician 42
assistant licensed under chapter 630 or 633 of NRS, an advanced 43
practice registered nurse licensed under chapter 632 of NRS, a 44
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physical therapist licensed under chapter 640 of NRS or an athletic 1
trainer licensed under chapter 640B of NRS. 2
(b) “Youth” means a person under the age of 18 years. 3
Sec. 11. The provisions of NRS 354.599 do not apply to any 4
additional expenses of a local government that are related to the 5
provisions of this act. 6
Sec. 12. 1. This section becomes effective upon passage and 7
approval. 8
2. Sections 1 to 11, inclusive, of this act become effective: 9
(a) Upon passage and approval for the purpose of adopting any 10
regulations and performing any other preparatory administrative 11
tasks that are necessary to carry out the provisions of this act; and 12
(b) On July 1, 2024, for all other purposes. 13
H