Nevada 2023 Regular Session

Nevada Senate Bill SB80 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 80–Committee on Education
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to public safety; requiring the Superintendent of
9	9	Public Instruction to adopt a policy concerning the treatment
10	10	of injuries to the head; revising the contents of certain
11	11	policies adopted by the Nevada Interscholastic Activities
12	12	Association, the board of trustees of a school district and
13	13	organizations for youth sports concerning the prevention and
14	14	treatment of injuries to the head; requiring certain schools to
15	15	adopt such a policy; revising the requirements for a provider
16	16	of health care to perform certain functions under such a
17	17	policy; and providing other matters properly relating thereto.
18	18	Legislative Counsel’s Digest:
19	19	Existing law requires the Nevada Interscholastic Activities Association, the
20	20	board of trustees of each school district and each organization for youth sports that
21	21	sponsors or sanctions competitive sports for youth to adopt a policy concerning the
22	22	prevention and treatment of injuries to the head. Existing law requires such a policy
23	23	to require: (1) a pupil or youth who sustains or is suspected to have sustained an
24	24	injury to the head to be removed from an activity or event to which the policy
25	25	applies; and (2) the parent or guardian of such a pupil or youth to provide a signed
26	26	statement from a provider of health care authorizing the pupil or youth to return to
27	27	the activity or event before the pupil or youth is authorized to return to the activity
28	28	or event. (NRS 385B.080, 392.452, 455A.200)
29	29	Section 6.5 of this bill requires the Superintendent of Public Instruction to
30	30	adopt by regulation a policy concerning the treatment of injuries to the head that
31	31	affect the ability of a pupil to engage in his or her course work at school.
32	32	Regulations adopted pursuant to section 6.5 must require a school to authorize a
33	33	pupil who has sustained or is suspected of sustaining an injury to the head to
34	34	receive reasonable accommodations that are based on peer-reviewed evidence.
35	35	Section 6.5 requires the Superintendent to post the policy on an Internet website
36	36	maintained by the Department of Education.
37	37	Section 7 of this bill requires the Association to adopt regulations prescribing
38	38	the policy of the Association concerning the prevention and treatment of injuries
39	39	to the head. Section 7 additionally requires the association to compile information
40	40	on the prevention and treatment of injuries to the head. Section 7 also requires the
41	41	Association to: (1) provide the policy to a parent or legal guardian of a pupil before
42	42	the pupil participates in an interscholastic activity or event and annually thereafter;
43	43	(2) ensure that the pupil and his or her parent or legal guardian sign a form
44	44	containing certain disclosures before the pupil participates in an interscholastic
45	45	activity or event and annually thereafter; and (3) post the policy and information to
46	46	an Internet website maintained by the Association. Section 8 of this bill requires
47	47	the board of trustees of each school district and the governing body of each charter
48	48	school or university school for profoundly gifted pupils to adopt a policy with the
49	49	same or substantially similar provisions as those required in sections 6.5 and 7 and
50	50	to modify such provisions as necessary for the provisions to apply to any pupil that
51	51	sustains an injury to the head.
52	52	Section 10 of this bill requires each organization for youth sports that sanctions
53	53	or sponsors competitive sports for youths in this State to adopt a policy with the
54	54	same or substantially similar provisions as those required in section 7.
55	55	– 2 –
56	56
57	57
58	58	- 82nd Session (2023)
59	59	Sections 6.5-8 and 10 require the Superintendent, the Association, the board of
60	60	trustees of each school district, the governing body of each charter school or
61	61	university school for profoundly gifted pupils and each organization for youth
62	62	sports, as applicable, to review the policy each person or organization adopted
63	63	pursuant to the provisions of this bill at least once every 5 years and update it as
64	64	necessary to reflect current best practices in the treatment and prevention of injuries
65	65	to the head.
66	66	If a pupil or youth sustains an injury to the head, existing law requires that a
67	67	provider of health care sign a form indicating that the pupil is medically cleared for
68	68	participation in an activity, event or competitive sport before the pupil is authorized
69	69	to return to such participation. (NRS 385B.080, 392.452, 455A.200) Sections 7, 8
70	70	and 10 additionally require the provider of health care that signs such a form to be
71	71	acting within his or her scope of practice.
72	72
73	73	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
74	74
75	75
76	76	WHEREAS, A concussion is a type of injury to the brain that has
77	77	the ability to mildly or severely disrupt the normal function of the
78	78	brain; and
79	79	WHEREAS, Some concussions cause people to lose
80	80	consciousness, but the majority of concussions occur without a loss
81	81	of consciousness; and
82	82	WHEREAS, Concussions may occur in any organized or
83	83	unorganized sport or recreational activity or through daily life
84	84	events and can result from a fall or collision with another person, the
85	85	ground or an object; and
86	86	WHEREAS, According to the Johns Hopkins University School
87	87	of Medicine, children and young adults are at greater risk of
88	88	sustaining a concussion than the average adult; and
89	89	WHEREAS, The Mayo Clinic estimates that between 15 and 20
90	90	percent of concussions result in post-concussive syndrome, the long-
91	91	term effects of which may include cognitive impairment,
92	92	depression, personality changes and other psychological disorders;
93	93	and
94	94	WHEREAS, The Johns Hopkins University School of Medicine
95	95	advises that concussions be treated with rest and limiting activities
96	96	that require a person to concentrate heavily; and
97	97	WHEREAS, The National Center for Injury Prevention and
98	98	Control of the Centers for Disease Control and Prevention of the
99	99	United States Department of Health and Human Services stresses
100	100	the importance of schools and sports organizations adopting policies
101	101	to reduce the risk of a child sustaining a concussion and ensure that
102	102	proper treatment is provided to a child that sustains a concussion;
103	103	now, therefore,
104	104
105	105	– 3 –
106	106
107	107
108	108	- 82nd Session (2023)
109	109	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
110	110	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
111	111
112	112	Sections 1-6. (Deleted by amendment.)
113	113	Sec. 6.5. Chapter 385 of NRS is hereby amended by adding
114	114	thereto a new section to read as follows:
115	115	1. The Superintendent of Public Instruction shall, in
116	116	cooperation with the Nevada Interscholastic Activities Association
117	117	and the Chief Medical Officer, adopt regulations prescribing a
118	118	policy concerning the treatment of injuries to the head that affect
119	119	the ability of a pupil to learn and otherwise engage with his or her
120	120	course work at school, including, without limitation, a concussion
121	121	of the brain.
122	122	2. The policy adopted pursuant to subsection 1 must require a
123	123	school to authorize a pupil who has sustained or is suspected of
124	124	sustaining an injury to the head to receive reasonable
125	125	accommodations that are based on peer-reviewed evidence until
126	126	the pupil is mentally and physically ready to return to full
127	127	participation in his or her course work. Such accommodations
128	128	may include, without limitation:
129	129	(a) Rest;
130	130	(b) A modified schedule or curriculum; or
131	131	(c) Monitoring by a school nurse, athletic trainer or other
132	132	person qualified to monitor the mental and physical health of the
133	133	pupil.
134	134	3. The Superintendent of Public Instruction shall post the
135	135	policy adopted pursuant to subsection 1 on an Internet website
136	136	maintained by the Department.
137	137	4. At least once every 5 years, the Superintendent of Public
138	138	Instruction shall:
139	139	(a) Review the policy adopted pursuant to subsection 1; and
140	140	(b) Update the policy to reflect current best practices in the
141	141	prevention and treatment of injuries to head.
142	142	Sec. 7. NRS 385B.080 is hereby amended to read as follows:
143	143	385B.080 1. The Nevada Interscholastic Activities
144	144	Association shall , in cooperation with the Superintendent of
145	145	Public Instruction and the Chief Medical Officer, adopt
146	146	regulations prescribing a policy concerning the prevention and
147	147	treatment of injuries to the head which may occur during or
148	148	otherwise affect a pupil’s participation in interscholastic activities
149	149	and events, including, without limitation, a concussion of the brain.
150	150	The policy must provide information concerning the nature and risk
151	151	of injuries to the head which may occur during a pupil’s
152	152	participation in interscholastic activities and events, including,
153	153	– 4 –
154	154
155	155
156	156	- 82nd Session (2023)
157	157	without limitation, the risks associated with continuing to participate
158	158	in the activity or event after sustaining such an injury.
159	159	2. The policy adopted pursuant to subsection 1 must require
160	160	that if a pupil has or sustains or is suspected of having or sustaining
161	161	an injury to the head while participating in an interscholastic activity
162	162	or event, the pupil:
163	163	(a) Must be immediately removed from the activity or event;
164	164	and
165	165	(b) May return to the activity or event if the parent or legal
166	166	guardian of the pupil provides a signed statement of a provider of
167	167	health care acting within his or her scope of practice indicating that
168	168	the pupil is medically cleared for participation in the activity or
169	169	event and the date on which the pupil may return to the activity or
170	170	event.
171	171	3. The Nevada Interscholastic Activities Association shall
172	172	compile educational information on the prevention and treatment
173	173	of injuries to the head, including, without limitation:
174	174	(a) Information about injuries to the head, including, without
175	175	limitation, traumatic brain injuries and concussions of the brain;
176	176	(b) The procedure to be followed after an injury to the head or
177	177	a suspected injury to the head of a pupil is sustained, including,
178	178	without limitation, any procedure in the policy adopted pursuant
179	179	to subsection 1 to determine when a pupil may return to full
180	180	participation in any interscholastic activity or event;
181	181	(c) The symptoms that a pupil who has sustained an injury to
182	182	the head is likely to exhibit and the manner in which such
183	183	symptoms are likely to subside over time; and
184	184	(d) The recommended care and accommodations for a pupil
185	185	who has sustained or is suspected to have sustained a concussion
186	186	or other injury to the head and the resources for identifying the
187	187	proper care and accommodations for a specific pupil.
188	188	[3.] 4. Before a pupil participates in an interscholastic activity
189	189	or event, and on an annual basis thereafter, the Nevada
190	190	Interscholastic Activities Association shall ensure that the pupil
191	191	and his or her parent or legal guardian:
192	192	(a) [Must be] Are provided with a copy of the policy adopted
193	193	pursuant to subsection 1; and
194	194	(b) [Must sign] Sign a statement on a form prescribed by the
195	195	Nevada Interscholastic Activities Association acknowledging that
196	196	the pupil , if capable, and his or her parent or guardian [have read
197	197	and understand the terms and conditions of the policy.] understand:
198	198	(1) That injuries to the head may occur during the
199	199	participation of a pupil in interscholastic activities and events;
200	200	– 5 –
201	201
202	202
203	203	- 82nd Session (2023)
204	204	(2) The risks associated with participating in an activity or
205	205	event in which a pupil may sustain an injury to the head;
206	206	(3) The risks associated with continuing to participate in an
207	207	activity or event after a pupil has sustained an injury to the head;
208	208	and
209	209	(4) That the policy adopted pursuant to subsection 1 and
210	210	the educational information compiled pursuant to subsection 3 are
211	211	available on the Internet website maintained by the Nevada
212	212	Interscholastic Activities Association.
213	213	[4. As used in this section, “provider of health care” means a
214	214	physician or physician assistant licensed under chapter 630 or 633
215	215	of NRS, an advanced practice registered nurse licensed under
216	216	chapter 632 of NRS, a physical therapist licensed under chapter 640
217	217	of NRS or an athletic trainer licensed under chapter 640B of NRS.]
218	218	5. The Nevada Interscholastic Activities Association shall
219	219	post the policy adopted pursuant to subsection 1 and the
220	220	educational information compiled pursuant to subsection 3 on the
221	221	Internet website of the Nevada Interscholastic Activities
222	222	Association.
223	223	6. At least once every 5 years, the Nevada Interscholastic
224	224	Activities Association shall:
225	225	(a) Review the policy adopted pursuant to subsection 1 and the
226	226	information compiled pursuant to subsection 3; and
227	227	(b) Update the policy and information to reflect current best
228	228	practices in the prevention and treatment of injuries to head.
229	229	7. As used in this section, “provider of health care” means a
230	230	physician or physician assistant licensed under chapter 630 or 633
231	231	of NRS, an advanced practice registered nurse licensed under
232	232	chapter 632 of NRS, a physical therapist licensed under chapter
233	233	640 of NRS or an athletic trainer licensed under chapter 640B of
234	234	NRS.
235	235	Sec. 8. NRS 392.452 is hereby amended to read as follows:
236	236	392.452 1. [For those competitive sports not governed by the
237	237	Nevada Interscholastic Activities Association pursuant to chapter
238	238	385B of NRS, the] The board of trustees of each school district , the
239	239	governing body of each charter school and the governing body of
240	240	each university school for profoundly gifted pupils shall adopt a
241	241	policy concerning the prevention and treatment of injuries to the
242	242	head [which may occur during] of a [pupil’s participation in
243	243	competitive sports within the school district,] pupil, including,
244	244	without limitation, a concussion of the brain. [To the extent
245	245	practicable, the] The policy must [be consistent with] :
246	246	– 6 –
247	247
248	248
249	249	- 82nd Session (2023)
250	250	(a) Include at least the same or substantially similar provisions
251	251	as the [policy] policies adopted by the Superintendent of Public
252	252	Instruction pursuant to section 6.5 of this act and the Nevada
253	253	Interscholastic Activities Association pursuant to NRS 385B.080 [.
254	254	The policy must provide information concerning the nature and risk
255	255	of injuries to the head which may occur during a pupil’s
256	256	participation in competitive sports, including, without limitation, the
257	257	risks associated with continuing to participate in competitive sports
258	258	after sustaining such an injury.] ; and
259	259	(b) Be modified as necessary to cover all pupils at a school
260	260	who have or sustain, or are suspected of having or sustaining, an
261	261	injury to the head, regardless of whether a pupil is at school or
262	262	participating in an extracurricular activity when the injury or
263	263	suspected injury occurs.
264	264	2. The policy adopted pursuant to subsection 1 must require
265	265	that if a pupil has or sustains , or is suspected of having or
266	266	sustaining , an injury to the head while participating in competitive
267	267	sports, the pupil:
268	268	(a) Must be immediately removed from the competitive sport;
269	269	and
270	270	(b) May return to the competitive sport if the parent or legal
271	271	guardian of the pupil provides a signed statement of a provider of
272	272	health care acting within his or her scope of practice indicating that
273	273	the pupil is medically cleared for participation in the competitive
274	274	sport and the date on which the pupil may return to the competitive
275	275	sport.
276	276	3. Before a pupil participates in competitive sports within a
277	277	school district [,] or for a charter school or university school for
278	278	profoundly gifted pupils, and on an annual basis thereafter, the
279	279	board of trustees of a school district, the governing body of each
280	280	charter school and the governing body of each university school
281	281	for profoundly gifted pupils shall ensure that each pupil and his or
282	282	her parent or legal guardian:
283	283	(a) [Must be] Are provided with a copy of the policy adopted
284	284	pursuant to subsection 1; and
285	285	(b) [Must sign] Sign a statement on a form prescribed by the
286	286	board of trustees of the school district, governing body of the
287	287	charter school or the governing body of the university school for
288	288	profoundly gifted pupils, as applicable, acknowledging that the
289	289	pupil , if capable, and his or her parent or guardian [have read and
290	290	understand the terms and conditions of the policy.
291	291	4.] understand:
292	292	– 7 –
293	293
294	294
295	295	- 82nd Session (2023)
296	296	(1) That injuries to the head may occur during the
297	297	participation of a pupil in interscholastic activities and events;
298	298	(2) The risks associated with participating in an activity or
299	299	event in which a pupil may sustain an injury to the head;
300	300	(3) The risks associated with continuing to participate in an
301	301	activity or event after a pupil has sustained an injury to the head;
302	302	and
303	303	(4) That the policy adopted pursuant to subsection 1 and
304	304	the educational information compiled pursuant to subsection 3 of
305	305	NRS 385B.080 are available on the Internet website maintained by
306	306	the school district, charter school or university school for
307	307	profoundly gifted pupils in which the pupil is enrolled.
308	308	4. Upon notification that a pupil enrolled in a public school
309	309	has sustained or is suspected of having sustained an injury to the
310	310	head, the board of trustees of a school district, the governing body
311	311	of each charter school and the governing body of each university
312	312	school for profoundly gifted pupils, as applicable, shall ensure
313	313	that the pupil and his or her parent or legal guardian are provided
314	314	with a printed or electronic copy of the policy adopted pursuant to
315	315	subsection 1.
316	316	5. Each public school, charter school and university school
317	317	for profoundly gifted pupils shall post the policy adopted pursuant
318	318	to subsection 1 and the educational information prepared
319	319	pursuant to subsection 3 of NRS 385B.080 on an Internet website
320	320	maintained by the school.
321	321	6. At least once every 5 years, the board of trustees of each
322	322	school district, the governing body of each charter school and the
323	323	governing body of each university school for profoundly gifted
324	324	pupils shall:
325	325	(a) Review the policy adopted pursuant to subsection 1; and
326	326	(b) Update the policy to reflect current best practices in the
327	327	prevention and treatment of injuries to the head.
328	328	7. Each employee of a public school who supports the
329	329	academics or health, including, without limitation, mental or
330	330	physical health, of a pupil who has sustained or is suspected of
331	331	having sustained an injury to the head must annually complete
332	332	training regarding the prevention and treatment of injuries to the
333	333	head, which must include, without limitation, a review of the
334	334	educational information compiled pursuant to subsection 3 of
335	335	NRS 385B.080. Each public school shall maintain a record of the
336	336	training required by this section which is completed by each
337	337	employee of the public school and provide such a record upon
338	338	request.
339	339	– 8 –
340	340
341	341
342	342	- 82nd Session (2023)
343	343	8. As used in this section, “provider of health care” means a
344	344	physician or physician assistant licensed under chapter 630 or 633
345	345	of NRS, an advanced practice registered nurse licensed under
346	346	chapter 632 of NRS, a physical therapist licensed under chapter 640
347	347	of NRS or an athletic trainer licensed under chapter 640B of NRS.
348	348	Sec. 9. (Deleted by amendment.)
349	349	Sec. 10. NRS 455A.200 is hereby amended to read as follows:
350	350	455A.200 1. Each organization for youth sports that
351	351	sanctions or sponsors competitive sports for youths in this State
352	352	shall adopt a policy concerning the prevention and treatment of
353	353	injuries to the head which may occur during or otherwise affect a
354	354	youth’s participation in those competitive sports, including, without
355	355	limitation, a concussion of the brain. [To the extent practicable, the]
356	356	The policy must [be consistent with] include at least the same or
357	357	substantially similar provisions as the policy adopted by the
358	358	Nevada Interscholastic Activities Association pursuant to
359	359	subsection 1 of NRS 385B.080. [The policy must provide
360	360	information concerning the nature and risk of injuries to the head
361	361	which may occur during a youth’s participation in competitive
362	362	sports, including, without limitation, the risks associated with
363	363	continuing to participate in competitive sports after sustaining such
364	364	an injury.]
365	365	2. The policy adopted pursuant to subsection 1 must require
366	366	that if a youth has or sustains , or is suspected of having or
367	367	sustaining , an injury to the head while participating in competitive
368	368	sports, the youth:
369	369	(a) Must be immediately removed from the competitive sport;
370	370	and
371	371	(b) May return to the competitive sport if the parent or legal
372	372	guardian of the youth provides a signed statement of a provider of
373	373	health care acting within his or her scope of practice indicating that
374	374	the youth is medically cleared for participation in the competitive
375	375	sport and the date on which the youth may return to the competitive
376	376	sport.
377	377	3. Before a youth participates in competitive sports sanctioned
378	378	or sponsored by an organization for youth sports in this State, and
379	379	on an annual basis thereafter, the organization for youth sports
380	380	shall ensure that the youth and his or her parent or legal guardian:
381	381	(a) [Must be] Are provided with a copy of the policy adopted
382	382	pursuant to paragraph (a) of subsection 1; and
383	383	(b) [Must sign] Sign a statement on a form prescribed by the
384	384	organization for youth sports acknowledging that the youth , if
385	385	– 9 –
386	386
387	387
388	388	- 82nd Session (2023)
389	389	capable, and his or her parent or legal guardian [have read and
390	390	understand the terms and conditions of the policy.
391	391	4.] understand:
392	392	(1) That injuries to the head may occur during the
393	393	participation of a youth in youth sports;
394	394	(2) The risks associated with participating in a youth sport
395	395	in which a youth may sustain an injury to the head;
396	396	(3) The risks associated with continuing to participate in a
397	397	youth sport after a youth has sustained an injury to the head;
398	398	(4) That the policy adopted pursuant to subsection 1 is
399	399	available on the Internet website, if any, maintained by the
400	400	organization for youth sports; and
401	401	(5) That the policy adopted and the educational
402	402	information compiled pursuant to NRS 385B.080 are available on
403	403	the Internet website maintained by the Nevada Interscholastic
404	404	Activities Association.
405	405	4. Each organization for youth sports that sanctions or
406	406	sponsors competitive sports for youths shall post the policy
407	407	adopted pursuant to subsection 1 on an Internet website
408	408	maintained by the organization, if any.
409	409	5. At least once every 5 years, each organization for youth
410	410	sports that sanctions or sponsors competitive sports for youths in
411	411	this State shall:
412	412	(a) Review the policy adopted pursuant to subsection 1; and
413	413	(b) Update the policy to reflect current best practice in the
414	414	prevention and treatment of injuries to the head.
415	415	6. As used in this section:
416	416	(a) “Provider of health care” means a physician or physician
417	417	assistant licensed under chapter 630 or 633 of NRS, an advanced
418	418	practice registered nurse licensed under chapter 632 of NRS, a
419	419	physical therapist licensed under chapter 640 of NRS or an athletic
420	420	trainer licensed under chapter 640B of NRS.
421	421	(b) “Youth” means a person under the age of 18 years.
422	422	Sec. 11. The provisions of NRS 354.599 do not apply to any
423	423	additional expenses of a local government that are related to the
424	424	provisions of this act.
425	425	Sec. 12. 1. This section becomes effective upon passage and
426	426	approval.
427	427	2. Sections 1 to 11, inclusive, of this act become effective:
428	428	(a) Upon passage and approval for the purpose of adopting any
429	429	regulations and performing any other preparatory administrative
430	430	tasks that are necessary to carry out the provisions of this act; and
431	431
432	432	– 10 –
433	433
434	434
435	435	- 82nd Session (2023)
436	436	(b) On July 1, 2024, for all other purposes.
437	437
438	438	20 ~~~~~ 23
439	439
440	440
441	441
442	442
443	443