(Reprinted with amendments adopted on May 25, 2023)
FIRST REPRINT S.B. 80
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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)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public safety; requiring the Superintendent of
Public Instruction to adopt a policy concerning the
treatment of injuries to the head; revising the contents of
certain policies adopted by the Nevada Interscholastic
Activities Association, the board of trustees of a school
district and organizations for youth sports concerning the
prevention and treatment of injuries to the head; requiring
certain schools to adopt such a policy; revising the
requirements for a provider of health care to perform
certain functions under such a policy; 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
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Section 6.5 of this bill requires the Superintendent of Public Instruction to 11
adopt by regulation a policy concerning the treatment of injuries to the head that 12
affect the ability of a pupil to engage in his or her course work at school. 13
Regulations adopted pursuant to section 6.5 must require a school to authorize a 14
pupil who has sustained or is suspected of sustaining an injury to the head to 15
receive reasonable accommodations that are based on peer-reviewed evidence. 16
Section 6.5 requires the Superintendent to post the policy on an Internet website 17
maintained by the Department of Education. 18
Section 7 of this bill requires the Association to adopt regulations prescribing 19
the policy of the Association concerning the prevention and treatment of injuries 20
to the head. Section 7 additionally requires the association to compile information 21
on the prevention and treatment of injuries to the head. Section 7 also requires the 22
Association to: (1) provide the policy to a parent or legal guardian of a pupil before 23
the pupil participates in an interscholastic activity or event and annually thereafter; 24
(2) ensure that the pupil and his or her parent or legal guardian sign a form 25
containing certain disclosures before the pupil participates in an interscholastic 26
activity or event and annually thereafter; and (3) post the policy and information to 27
an Internet website maintained by the Association. Section 8 of this bill requires 28
the board of trustees of each school district and the governing body of each charter 29
school or university school for profoundly gifted pupils to adopt a policy with the 30
same or substantially similar provisions as those required in sections 6.5 and 7 and 31
to modify such provisions as necessary for the provisions to apply to any pupil that 32
sustains an injury to the head. 33
Section 10 of this bill requires each organization for youth sports that sanctions 34
or sponsors competitive sports for youths in this State to adopt a policy with the 35
same or substantially similar provisions as those required in section 7. 36
Sections 6.5-8 and 10 require the Superintendent, the Association, the board of 37
trustees of each school district, the governing body of each charter school or 38
university school for profoundly gifted pupils and each organization for youth 39
sports, as applicable, to review the policy each person or organization adopted 40
pursuant to the provisions of this bill at least once every 5 years and update it as 41
necessary to reflect current best practices in the treatment and prevention of injuries 42
to the head. 43
If a pupil or youth sustains an injury to the head, existing law requires that a 44
provider of health care sign a form indicating that the pupil is medically cleared for 45
participation in an activity, event or competitive sport before the pupil is authorized 46
to return to such participation. (NRS 385B.080, 392.452, 455A.200) Sections 7, 8 47
and 10 additionally require the provider of health care that signs such a form to be 48
acting within his or her scope of practice. 49
WHEREAS, A concussion is a type of injury to the brain that has 1
the ability to mildly or severely disrupt the normal function of the 2
brain; and 3
WHEREAS, Some concussions cause people to lose 4
consciousness, but the majority of concussions occur without a loss 5
of consciousness; and 6
WHEREAS, Concussions may occur in any organized or 7
unorganized sport or recreational activity or through daily life 8
events and can result from a fall or collision with another person, the 9
ground or an object; and 10
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WHEREAS, According to the Johns Hopkins University School 1
of Medicine, children and young adults are at greater risk of 2
sustaining a concussion than the average adult; and 3
WHEREAS, The Mayo Clinic estimates that between 15 and 20 4
percent of concussions result in post-concussive syndrome, the long-5
term effects of which may include cognitive impairment, 6
depression, personality changes and other psychological disorders; 7
and 8
WHEREAS, The Johns Hopkins University School of Medicine 9
advises that concussions be treated with rest and limiting activities 10
that require a person to concentrate heavily; and 11
WHEREAS, The National Center for Injury Prevention and 12
Control of the Centers for Disease Control and Prevention of the 13
United States Department of Health and Human Services stresses 14
the importance of schools and sports organizations adopting policies 15
to reduce the risk of a child sustaining a concussion and ensure that 16
proper treatment is provided to a child that sustains a concussion; 17
now, therefore, 18
19
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 20
SENATE AND ASSEMBLY, DO ENACT AS FOLLOW S: 21
22
Section 1. (Deleted by amendment.) 23
Sec. 2. (Deleted by amendment.) 24
Sec. 3. (Deleted by amendment.) 25
Sec. 4. (Deleted by amendment.) 26
Sec. 5. (Deleted by amendment.) 27
Sec. 6. (Deleted by amendment.) 28
Sec. 6.5. Chapter 385 of NRS is hereby amended by adding 29
thereto a new section to read as follows: 30
1. The Superintendent of Public Instruction shall, in 31
cooperation with the Nevada Interscholastic Activities Association 32
and the Chief Medical Officer, adopt regulations prescribing a 33
policy concerning the treatment of injuries to the head that affect 34
the ability of a pupil to learn and otherwise engage with his or her 35
course work at school, including, without limitation, a concussion 36
of the brain. 37
2. The policy adopted pursuant to subsection 1 must require a 38
school to authorize a pupil who has sustained or is suspected of 39
sustaining an injury to the head to receive reasonable 40
accommodations that are based on peer-reviewed evidence until 41
the pupil is mentally and physically ready to return to full 42
participation in his or her course work. Such accommodations 43
may include, without limitation: 44
(a) Rest; 45
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(b) A modified schedule or curriculum; or 1
(c) Monitoring by a school nurse, athletic trainer or other 2
person qualified to monitor the mental and physical health of the 3
pupil. 4
3. The Superintendent of Public Instruction shall post the 5
policy adopted pursuant to subsection 1 on an Internet website 6
maintained by the Department. 7
4. At least once every 5 years, the Superintendent of Public 8
Instruction shall: 9
(a) Review the policy adopted pursuant to subsection 1; and 10
(b) Update the policy to reflect current best practices in the 11
prevention and treatment of injuries to head. 12
Sec. 7. NRS 385B.080 is hereby amended to read as follows: 13
385B.080 1. The Nevada Interscholastic Activities 14
Association shall , in cooperation with the Superintendent of 15
Public Instruction and the Chief Medical Officer, adopt 16
regulations prescribing a policy concerning the prevention and 17
treatment of injuries to the head which may occur during or 18
otherwise affect a pupil’s participation in interscholastic activities 19
and events, including, without limitation, a concussion of the brain. 20
The policy must provide information concerning the nature and risk 21
of injuries to the head which may occur during a pupil’s 22
participation in interscholastic activities and events, including, 23
without limitation, the risks associated with continuing to participate 24
in the activity or event after sustaining such an injury. 25
2. The policy adopted pursuant to subsection 1 must require 26
that if a pupil has or sustains or is suspected of having or sustaining 27
an injury to the head while participating in an interscholastic activity 28
or event, the pupil: 29
(a) Must be immediately removed from the activity or event; 30
and 31
(b) May return to the activity or event if the parent or legal 32
guardian of the pupil provides a signed statement of a provider of 33
health care acting within his or her scope of practice indicating that 34
the pupil is medically cleared for participation in the activity or 35
event and the date on which the pupil may return to the activity or 36
event. 37
3. The Nevada Interscholastic Activities Association shall 38
compile educational information on the prevention and treatment 39
of injuries to the head, including, without limitation: 40
(a) Information about injuries to the head, including, without 41
limitation, traumatic brain injuries and concussions of the brain; 42
(b) The procedure to be followed after an injury to the head or 43
a suspected injury to the head of a pupil is sustained, including, 44
without limitation, any procedure in the policy adopted pursuant 45
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to subsection 1 to determine when a pupil may return to full 1
participation in any interscholastic activity or event; 2
(c) The symptoms that a pupil who has sustained an injury to 3
the head is likely to exhibit and the manner in which such 4
symptoms are likely to subside over time; and 5
(d) The recommended care and accommodations for a pupil 6
who has sustained or is suspected to have sustained a concussion 7
or other injury to the head and the resources for identifying the 8
proper care and accommodations for a specific pupil. 9
[3.] 4. Before a pupil participates in an interscholastic activity 10
or event, and on an annual basis thereafter, the Nevada 11
Interscholastic Activities Association shall ensure that the pupil 12
and his or her parent or legal guardian: 13
(a) [Must be] Are provided with a copy of the policy adopted 14
pursuant to subsection 1; and 15
(b) [Must sign] Sign a statement on a form prescribed by the 16
Nevada Interscholastic Activities Association acknowledging that 17
the pupil , if capable, and his or her parent or guardian [have read 18
and understand the terms and conditions of the policy.] understand: 19
(1) That injuries to the head may occur during the 20
participation of a pupil in interscholastic activities and events; 21
(2) The risks associated with participating in an activity or 22
event in which a pupil may sustain an injury to the head; 23
(3) The risks associated with continuing to participate in an 24
activity or event after a pupil has sustained an injury to the head; 25
and 26
(4) That the policy adopted pursuant to subsection 1 and 27
the educational information compiled pursuant to subsection 3 are 28
available on the Internet website maintained by the Nevada 29
Interscholastic Activities Association. 30
[4. As used in this section, “provider of health care” means a 31
physician or physician assistant licensed under chapter 630 or 633 32
of NRS, an advanced practice registered nurse licensed under 33
chapter 632 of NRS, a physical therapist licensed under chapter 640 34
of NRS or an athletic trainer licensed under chapter 640B of NRS.] 35
5. The Nevada Interscholastic Activities Association shall 36
post the policy adopted pursuant to subsection 1 and the 37
educational information compiled pursuant to subsection 3 on the 38
Internet website of the Nevada Interscholastic Activities 39
Association. 40
6. At least once every 5 years, the Nevada Interscholastic 41
Activities Association shall: 42
(a) Review the policy adopted pursuant to subsection 1 and the 43
information compiled pursuant to subsection 3; and 44
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(b) Update the policy and information to reflect current best 1
practices in the prevention and treatment of injuries to head. 2
7. As used in this section, “provider of health care” means a 3
physician or physician assistant licensed under chapter 630 or 633 4
of NRS, an advanced practice registered nurse licensed under 5
chapter 632 of NRS, a physical therapist licensed under chapter 6
640 of NRS or an athletic trainer licensed under chapter 640B of 7
NRS. 8
Sec. 8. NRS 392.452 is hereby amended to read as follows: 9
392.452 1. [For those competitive sports not governed by the 10
Nevada Interscholastic Activities Association pursuant to chapter 11
385B of NRS, the] The board of trustees of each school district , the 12
governing body of each charter school and the governing body of 13
each university school for profoundly gifted pupils shall adopt a 14
policy concerning the prevention and treatment of injuries to the 15
head [which may occur during] of a [pupil’s participation in 16
competitive sports within the school district,] pupil, including, 17
without limitation, a concussion of the brain. [To the extent 18
practicable, the] The policy must [be consistent with] : 19
(a) Include at least the same or substantially similar provisions 20
as the [policy] policies adopted by the Superintendent of Public 21
Instruction pursuant to section 6.5 of this act and the Nevada 22
Interscholastic Activities Association pursuant to NRS 385B.080 [. 23
The policy must provide information concerning the nature and risk 24
of injuries to the head which may occur during a pupil’s 25
participation in competitive sports, including, without limitation, the 26
risks associated with continuing to participate in competitive sports 27
after sustaining such an injury.] ; and 28
(b) Be modified as necessary to cover all pupils at a school 29
who have or sustain, or are suspected of having or sustaining, an 30
injury to the head, regardless of whether a pupil is at school or 31
participating in an extracurricular activity when the injury or 32
suspected injury occurs. 33
2. The policy adopted pursuant to subsection 1 must require 34
that if a pupil has or sustains , or is suspected of having or 35
sustaining , an injury to the head while participating in competitive 36
sports, the pupil: 37
(a) Must be immediately removed from the competitive sport; 38
and 39
(b) May return to the competitive sport if the parent or legal 40
guardian of the pupil provides a signed statement of a provider of 41
health care acting within his or her scope of practice indicating that 42
the pupil is medically cleared for participation in the competitive 43
sport and the date on which the pupil may return to the competitive 44
sport. 45
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3. Before a pupil participates in competitive sports within a 1
school district [,] or for a charter school or university school for 2
profoundly gifted pupils, and on an annual basis thereafter, the 3
board of trustees of a school district, the governing body of each 4
charter school and the governing body of each university school 5
for profoundly gifted pupils shall ensure that each pupil and his or 6
her parent or legal guardian: 7
(a) [Must be] Are provided with a copy of the policy adopted 8
pursuant to subsection 1; and 9
(b) [Must sign] Sign a statement on a form prescribed by the 10
board of trustees of the school district, governing body of the 11
charter school or the governing body of the university school for 12
profoundly gifted pupils, as applicable, acknowledging that the 13
pupil , if capable, and his or her parent or guardian [have read and 14
understand the terms and conditions of the policy. 15
4.] understand: 16
(1) That injuries to the head may occur during the 17
participation of a pupil in interscholastic activities and events; 18
(2) The risks associated with participating in an activity or 19
event in which a pupil may sustain an injury to the head; 20
(3) The risks associated with continuing to participate in an 21
activity or event after a pupil has sustained an injury to the head; 22
and 23
(4) That the policy adopted pursuant to subsection 1 and 24
the educational information compiled pursuant to subsection 3 of 25
NRS 385B.080 are available on the Internet website maintained by 26
the school district, charter school or university school for 27
profoundly gifted pupils in which the pupil is enrolled. 28
4. Upon notification that a pupil enrolled in a public school 29
has sustained or is suspected of having sustained an injury to the 30
head, the board of trustees of a school district, the governing body 31
of each charter school and the governing body of each university 32
school for profoundly gifted pupils, as applicable, shall ensure 33
that the pupil and his or her parent or legal guardian are provided 34
with a printed or electronic copy of the policy adopted pursuant to 35
subsection 1. 36
5. Each public school, charter school and university school 37
for profoundly gifted pupils shall post the policy adopted pursuant 38
to subsection 1 and the educational information prepared 39
pursuant to subsection 3 of NRS 385B.080 on an Internet website 40
maintained by the school. 41
6. At least once every 5 years, the board of trustees of each 42
school district, the governing body of each charter school and the 43
governing body of each university school for profoundly gifted 44
pupils shall: 45
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(a) Review the policy adopted pursuant to subsection 1; and 1
(b) Update the policy to reflect current best practices in the 2
prevention and treatment of injuries to the head. 3
7. Each employee of a public school who supports the 4
academics or health, including, without limitation, mental or 5
physical health, of a pupil who has sustained or is suspected of 6
having sustained an injury to the head must annually complete 7
training regarding the prevention and treatment of injuries to the 8
head, which must include, without limitation, a review of the 9
educational information compiled pursuant to subsection 3 of 10
NRS 385B.080. Each public school shall maintain a record of the 11
training required by this section which is completed by each 12
employee of the public school and provide such a record upon 13
request. 14
8. As used in this section, “provider of health care” means a 15
physician or physician assistant licensed under chapter 630 or 633 16
of NRS, an advanced practice registered nurse licensed under 17
chapter 632 of NRS, a physical therapist licensed under chapter 640 18
of NRS or an athletic trainer licensed under chapter 640B of NRS. 19
Sec. 9. (Deleted by amendment.) 20
Sec. 10. NRS 455A.200 is hereby amended to read as follows: 21
455A.200 1. Each organization for youth sports that 22
sanctions or sponsors competitive sports for youths in this State 23
shall adopt a policy concerning the prevention and treatment of 24
injuries to the head which may occur during or otherwise affect a 25
youth’s participation in those competitive sports, including, without 26
limitation, a concussion of the brain. [To the extent practicable, the] 27
The policy must [be consistent with] include at least the same or 28
substantially similar provisions as the policy adopted by the 29
Nevada Interscholastic Activities Association pursuant to 30
subsection 1 of NRS 385B.080. [The policy must provide 31
information concerning the nature and risk of injuries to the head 32
which may occur during a youth’s participation in competitive 33
sports, including, without limitation, the risks associated with 34
continuing to participate in competitive sports after sustaining such 35
an injury.] 36
2. The policy adopted pursuant to subsection 1 must require 37
that if a youth has or sustains , or is suspected of having or 38
sustaining , an injury to the head while participating in competitive 39
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 acting within his or her scope of practice indicating that 45
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the youth is medically cleared for participation in the competitive 1
sport and the date on which the youth may return to the competitive 2
sport. 3
3. Before a youth participates in competitive sports sanctioned 4
or sponsored by an organization for youth sports in this State, and 5
on an annual basis thereafter, the organization for youth sports 6
shall ensure that the youth and his or her parent or legal guardian: 7
(a) [Must be] Are provided with a copy of the policy adopted 8
pursuant to paragraph (a) of subsection 1; and 9
(b) [Must sign] Sign a statement on a form prescribed by the 10
organization for youth sports acknowledging that the youth , if 11
capable, and his or her parent or legal guardian [have read and 12
understand the terms and conditions of the policy. 13
4.] understand: 14
(1) That injuries to the head may occur during the 15
participation of a youth in youth sports; 16
(2) The risks associated with participating in a youth sport 17
in which a youth may sustain an injury to the head; 18
(3) The risks associated with continuing to participate in a 19
youth sport after a youth has sustained an injury to the head; 20
(4) That the policy adopted pursuant to subsection 1 is 21
available on the Internet website, if any, maintained by the 22
organization for youth sports; and 23
(5) That the policy adopted and the educational 24
information compiled pursuant to NRS 385B.080 are available on 25
the Internet website maintained by the Nevada Interscholastic 26
Activities Association. 27
4. Each organization for youth sports that sanctions or 28
sponsors competitive sports for youths shall post the policy 29
adopted pursuant to subsection 1 on an Internet website 30
maintained by the organization, if any. 31
5. At least once every 5 years, each organization for youth 32
sports that sanctions or sponsors competitive sports for youths in 33
this State shall: 34
(a) Review the policy adopted pursuant to subsection 1; and 35
(b) Update the policy to reflect current best practice in the 36
prevention and treatment of injuries to the head. 37
6. As used in this section: 38
(a) “Provider of health care” means a physician or physician 39
assistant licensed under chapter 630 or 633 of NRS, an advanced 40
practice registered nurse licensed under chapter 632 of NRS, a 41
physical therapist licensed under chapter 640 of NRS or an athletic 42
trainer licensed under chapter 640B of NRS. 43
(b) “Youth” means a person under the age of 18 years. 44
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Sec. 11. The provisions of NRS 354.599 do not apply to any 1
additional expenses of a local government that are related to the 2
provisions of this act. 3
Sec. 12. 1. This section becomes effective upon passage and 4
approval. 5
2. Sections 1 to 11, inclusive, of this act become effective: 6
(a) Upon passage and approval for the purpose of adopting any 7
regulations and performing any other preparatory administrative 8
tasks that are necessary to carry out the provisions of this act; and 9
(b) On July 1, 2024, for all other purposes. 10
H