- 82nd Session (2023)
Senate Bill No. 80–Committee on Education
CHAPTER..........
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
board of trustees of each school district and each organization for youth sports that
sponsors or sanctions competitive sports for youth to adopt a policy concerning the
prevention and treatment of injuries to the head. Existing law requires such a policy
to require: (1) a pupil or youth who sustains or is suspected to have sustained an
injury to the head to be removed from an activity or event to which the policy
applies; and (2) the parent or guardian of such a pupil or youth to provide a signed
statement from a provider of health care authorizing the pupil or youth to return to
the activity or event before the pupil or youth is authorized to return to the activity
or event. (NRS 385B.080, 392.452, 455A.200)
Section 6.5 of this bill requires the Superintendent of Public Instruction to
adopt by regulation a policy concerning the treatment of injuries to the head that
affect the ability of a pupil to engage in his or her course work at school.
Regulations adopted pursuant to section 6.5 must require a school to authorize a
pupil who has sustained or is suspected of sustaining an injury to the head to
receive reasonable accommodations that are based on peer-reviewed evidence.
Section 6.5 requires the Superintendent to post the policy on an Internet website
maintained by the Department of Education.
Section 7 of this bill requires the Association to adopt regulations prescribing
the policy of the Association concerning the prevention and treatment of injuries
to the head. Section 7 additionally requires the association to compile information
on the prevention and treatment of injuries to the head. Section 7 also requires the
Association to: (1) provide the policy to a parent or legal guardian of a pupil before
the pupil participates in an interscholastic activity or event and annually thereafter;
(2) ensure that the pupil and his or her parent or legal guardian sign a form
containing certain disclosures before the pupil participates in an interscholastic
activity or event and annually thereafter; and (3) post the policy and information to
an Internet website maintained by the Association. Section 8 of this bill requires
the board of trustees of each school district and the governing body of each charter
school or university school for profoundly gifted pupils to adopt a policy with the
same or substantially similar provisions as those required in sections 6.5 and 7 and
to modify such provisions as necessary for the provisions to apply to any pupil that
sustains an injury to the head.
Section 10 of this bill requires each organization for youth sports that sanctions
or sponsors competitive sports for youths in this State to adopt a policy with the
same or substantially similar provisions as those required in section 7.
– 2 –
- 82nd Session (2023)
Sections 6.5-8 and 10 require the Superintendent, the Association, the board of
trustees of each school district, the governing body of each charter school or
university school for profoundly gifted pupils and each organization for youth
sports, as applicable, to review the policy each person or organization adopted
pursuant to the provisions of this bill at least once every 5 years and update it as
necessary to reflect current best practices in the treatment and prevention of injuries
to the head.
If a pupil or youth sustains an injury to the head, existing law requires that a
provider of health care sign a form indicating that the pupil is medically cleared for
participation in an activity, event or competitive sport before the pupil is authorized
to return to such participation. (NRS 385B.080, 392.452, 455A.200) Sections 7, 8
and 10 additionally require the provider of health care that signs such a form to be
acting within his or her scope of practice.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
WHEREAS, A concussion is a type of injury to the brain that has
the ability to mildly or severely disrupt the normal function of the
brain; and
WHEREAS, Some concussions cause people to lose
consciousness, but the majority of concussions occur without a loss
of consciousness; and
WHEREAS, Concussions may occur in any organized or
unorganized sport or recreational activity or through daily life
events and can result from a fall or collision with another person, the
ground or an object; and
WHEREAS, According to the Johns Hopkins University School
of Medicine, children and young adults are at greater risk of
sustaining a concussion than the average adult; and
WHEREAS, The Mayo Clinic estimates that between 15 and 20
percent of concussions result in post-concussive syndrome, the long-
term effects of which may include cognitive impairment,
depression, personality changes and other psychological disorders;
and
WHEREAS, The Johns Hopkins University School of Medicine
advises that concussions be treated with rest and limiting activities
that require a person to concentrate heavily; and
WHEREAS, The National Center for Injury Prevention and
Control of the Centers for Disease Control and Prevention of the
United States Department of Health and Human Services stresses
the importance of schools and sports organizations adopting policies
to reduce the risk of a child sustaining a concussion and ensure that
proper treatment is provided to a child that sustains a concussion;
now, therefore,
– 3 –
- 82nd Session (2023)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-6. (Deleted by amendment.)
Sec. 6.5. Chapter 385 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The Superintendent of Public Instruction shall, in
cooperation with the Nevada Interscholastic Activities Association
and the Chief Medical Officer, adopt regulations prescribing a
policy concerning the treatment of injuries to the head that affect
the ability of a pupil to learn and otherwise engage with his or her
course work at school, including, without limitation, a concussion
of the brain.
2. The policy adopted pursuant to subsection 1 must require a
school to authorize a pupil who has sustained or is suspected of
sustaining an injury to the head to receive reasonable
accommodations that are based on peer-reviewed evidence until
the pupil is mentally and physically ready to return to full
participation in his or her course work. Such accommodations
may include, without limitation:
(a) Rest;
(b) A modified schedule or curriculum; or
(c) Monitoring by a school nurse, athletic trainer or other
person qualified to monitor the mental and physical health of the
pupil.
3. The Superintendent of Public Instruction shall post the
policy adopted pursuant to subsection 1 on an Internet website
maintained by the Department.
4. At least once every 5 years, the Superintendent of Public
Instruction shall:
(a) Review the policy adopted pursuant to subsection 1; and
(b) Update the policy to reflect current best practices in the
prevention and treatment of injuries to head.
Sec. 7. NRS 385B.080 is hereby amended to read as follows:
385B.080 1. The Nevada Interscholastic Activities
Association shall , in cooperation with the Superintendent of
Public Instruction and the Chief Medical Officer, adopt
regulations prescribing a policy concerning the prevention and
treatment of injuries to the head which may occur during or
otherwise affect a pupil’s participation in interscholastic activities
and events, including, without limitation, a concussion of the brain.
The policy must provide information concerning the nature and risk
of injuries to the head which may occur during a pupil’s
participation in interscholastic activities and events, including,
– 4 –
- 82nd Session (2023)
without limitation, the risks associated with continuing to participate
in the activity or event after sustaining such an injury.
2. The policy adopted pursuant to subsection 1 must require
that if a pupil has or sustains or is suspected of having or sustaining
an injury to the head while participating in an interscholastic activity
or event, the pupil:
(a) Must be immediately removed from the activity or event;
and
(b) May return to the activity or event if the parent or legal
guardian of the pupil provides a signed statement of a provider of
health care acting within his or her scope of practice indicating that
the pupil is medically cleared for participation in the activity or
event and the date on which the pupil may return to the activity or
event.
3. The Nevada Interscholastic Activities Association shall
compile educational information on the prevention and treatment
of injuries to the head, including, without limitation:
(a) Information about injuries to the head, including, without
limitation, traumatic brain injuries and concussions of the brain;
(b) The procedure to be followed after an injury to the head or
a suspected injury to the head of a pupil is sustained, including,
without limitation, any procedure in the policy adopted pursuant
to subsection 1 to determine when a pupil may return to full
participation in any interscholastic activity or event;
(c) The symptoms that a pupil who has sustained an injury to
the head is likely to exhibit and the manner in which such
symptoms are likely to subside over time; and
(d) The recommended care and accommodations for a pupil
who has sustained or is suspected to have sustained a concussion
or other injury to the head and the resources for identifying the
proper care and accommodations for a specific pupil.
[3.] 4. Before a pupil participates in an interscholastic activity
or event, and on an annual basis thereafter, the Nevada
Interscholastic Activities Association shall ensure that the pupil
and his or her parent or legal guardian:
(a) [Must be] Are provided with a copy of the policy adopted
pursuant to subsection 1; and
(b) [Must sign] Sign a statement on a form prescribed by the
Nevada Interscholastic Activities Association acknowledging that
the pupil , if capable, and his or her parent or guardian [have read
and understand the terms and conditions of the policy.] understand:
(1) That injuries to the head may occur during the
participation of a pupil in interscholastic activities and events;
– 5 –
- 82nd Session (2023)
(2) The risks associated with participating in an activity or
event in which a pupil may sustain an injury to the head;
(3) The risks associated with continuing to participate in an
activity or event after a pupil has sustained an injury to the head;
and
(4) That the policy adopted pursuant to subsection 1 and
the educational information compiled pursuant to subsection 3 are
available on the Internet website maintained by the Nevada
Interscholastic Activities Association.
[4. As used in this section, “provider of health care” means a
physician or physician assistant licensed under chapter 630 or 633
of NRS, an advanced practice registered nurse licensed under
chapter 632 of NRS, a physical therapist licensed under chapter 640
of NRS or an athletic trainer licensed under chapter 640B of NRS.]
5. The Nevada Interscholastic Activities Association shall
post the policy adopted pursuant to subsection 1 and the
educational information compiled pursuant to subsection 3 on the
Internet website of the Nevada Interscholastic Activities
Association.
6. At least once every 5 years, the Nevada Interscholastic
Activities Association shall:
(a) Review the policy adopted pursuant to subsection 1 and the
information compiled pursuant to subsection 3; and
(b) Update the policy and information to reflect current best
practices in the prevention and treatment of injuries to head.
7. As used in this section, “provider of health care” means a
physician or physician assistant licensed under chapter 630 or 633
of NRS, an advanced practice registered nurse licensed under
chapter 632 of NRS, a physical therapist licensed under chapter
640 of NRS or an athletic trainer licensed under chapter 640B of
NRS.
Sec. 8. NRS 392.452 is hereby amended to read as follows:
392.452 1. [For those competitive sports not governed by the
Nevada Interscholastic Activities Association pursuant to chapter
385B of NRS, the] The board of trustees of each school district , the
governing body of each charter school and the governing body of
each university school for profoundly gifted pupils shall adopt a
policy concerning the prevention and treatment of injuries to the
head [which may occur during] of a [pupil’s participation in
competitive sports within the school district,] pupil, including,
without limitation, a concussion of the brain. [To the extent
practicable, the] The policy must [be consistent with] :
– 6 –
- 82nd Session (2023)
(a) Include at least the same or substantially similar provisions
as the [policy] policies adopted by the Superintendent of Public
Instruction pursuant to section 6.5 of this act and the Nevada
Interscholastic Activities Association pursuant to NRS 385B.080 [.
The policy must provide information concerning the nature and risk
of injuries to the head which may occur during a pupil’s
participation in competitive sports, including, without limitation, the
risks associated with continuing to participate in competitive sports
after sustaining such an injury.] ; and
(b) Be modified as necessary to cover all pupils at a school
who have or sustain, or are suspected of having or sustaining, an
injury to the head, regardless of whether a pupil is at school or
participating in an extracurricular activity when the injury or
suspected injury occurs.
2. The policy adopted pursuant to subsection 1 must require
that if a pupil has or sustains , or is suspected of having or
sustaining , an injury to the head while participating in competitive
sports, the pupil:
(a) Must be immediately removed from the competitive sport;
and
(b) May return to the competitive sport if the parent or legal
guardian of the pupil provides a signed statement of a provider of
health care acting within his or her scope of practice indicating that
the pupil is medically cleared for participation in the competitive
sport and the date on which the pupil may return to the competitive
sport.
3. Before a pupil participates in competitive sports within a
school district [,] or for a charter school or university school for
profoundly gifted pupils, and on an annual basis thereafter, the
board of trustees of a school district, the governing body of each
charter school and the governing body of each university school
for profoundly gifted pupils shall ensure that each pupil and his or
her parent or legal guardian:
(a) [Must be] Are provided with a copy of the policy adopted
pursuant to subsection 1; and
(b) [Must sign] Sign a statement on a form prescribed by the
board of trustees of the school district, governing body of the
charter school or the governing body of the university school for
profoundly gifted pupils, as applicable, acknowledging that the
pupil , if capable, and his or her parent or guardian [have read and
understand the terms and conditions of the policy.
4.] understand:
– 7 –
- 82nd Session (2023)
(1) That injuries to the head may occur during the
participation of a pupil in interscholastic activities and events;
(2) The risks associated with participating in an activity or
event in which a pupil may sustain an injury to the head;
(3) The risks associated with continuing to participate in an
activity or event after a pupil has sustained an injury to the head;
and
(4) That the policy adopted pursuant to subsection 1 and
the educational information compiled pursuant to subsection 3 of
NRS 385B.080 are available on the Internet website maintained by
the school district, charter school or university school for
profoundly gifted pupils in which the pupil is enrolled.
4. Upon notification that a pupil enrolled in a public school
has sustained or is suspected of having sustained an injury to the
head, the board of trustees of a school district, the governing body
of each charter school and the governing body of each university
school for profoundly gifted pupils, as applicable, shall ensure
that the pupil and his or her parent or legal guardian are provided
with a printed or electronic copy of the policy adopted pursuant to
subsection 1.
5. Each public school, charter school and university school
for profoundly gifted pupils shall post the policy adopted pursuant
to subsection 1 and the educational information prepared
pursuant to subsection 3 of NRS 385B.080 on an Internet website
maintained by the school.
6. At least once every 5 years, the board of trustees of each
school district, the governing body of each charter school and the
governing body of each university school for profoundly gifted
pupils shall:
(a) Review the policy adopted pursuant to subsection 1; and
(b) Update the policy to reflect current best practices in the
prevention and treatment of injuries to the head.
7. Each employee of a public school who supports the
academics or health, including, without limitation, mental or
physical health, of a pupil who has sustained or is suspected of
having sustained an injury to the head must annually complete
training regarding the prevention and treatment of injuries to the
head, which must include, without limitation, a review of the
educational information compiled pursuant to subsection 3 of
NRS 385B.080. Each public school shall maintain a record of the
training required by this section which is completed by each
employee of the public school and provide such a record upon
request.
– 8 –
- 82nd Session (2023)
8. As used in this section, “provider of health care” means a
physician or physician assistant licensed under chapter 630 or 633
of NRS, an advanced practice registered nurse licensed under
chapter 632 of NRS, a physical therapist licensed under chapter 640
of NRS or an athletic trainer licensed under chapter 640B of NRS.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 455A.200 is hereby amended to read as follows:
455A.200 1. Each organization for youth sports that
sanctions or sponsors competitive sports for youths in this State
shall adopt a policy concerning the prevention and treatment of
injuries to the head which may occur during or otherwise affect a
youth’s participation in those competitive sports, including, without
limitation, a concussion of the brain. [To the extent practicable, the]
The policy must [be consistent with] include at least the same or
substantially similar provisions as the policy adopted by the
Nevada Interscholastic Activities Association pursuant to
subsection 1 of NRS 385B.080. [The policy must provide
information concerning the nature and risk of injuries to the head
which may occur during a youth’s participation in competitive
sports, including, without limitation, the risks associated with
continuing to participate in competitive sports after sustaining such
an injury.]
2. The policy adopted pursuant to subsection 1 must require
that if a youth has or sustains , or is suspected of having or
sustaining , an injury to the head while participating in competitive
sports, the youth:
(a) Must be immediately removed from the competitive sport;
and
(b) May return to the competitive sport if the parent or legal
guardian of the youth provides a signed statement of a provider of
health care acting within his or her scope of practice indicating that
the youth is medically cleared for participation in the competitive
sport and the date on which the youth may return to the competitive
sport.
3. Before a youth participates in competitive sports sanctioned
or sponsored by an organization for youth sports in this State, and
on an annual basis thereafter, the organization for youth sports
shall ensure that the youth and his or her parent or legal guardian:
(a) [Must be] Are provided with a copy of the policy adopted
pursuant to paragraph (a) of subsection 1; and
(b) [Must sign] Sign a statement on a form prescribed by the
organization for youth sports acknowledging that the youth , if
– 9 –
- 82nd Session (2023)
capable, and his or her parent or legal guardian [have read and
understand the terms and conditions of the policy.
4.] understand:
(1) That injuries to the head may occur during the
participation of a youth in youth sports;
(2) The risks associated with participating in a youth sport
in which a youth may sustain an injury to the head;
(3) The risks associated with continuing to participate in a
youth sport after a youth has sustained an injury to the head;
(4) That the policy adopted pursuant to subsection 1 is
available on the Internet website, if any, maintained by the
organization for youth sports; and
(5) That the policy adopted and the educational
information compiled pursuant to NRS 385B.080 are available on
the Internet website maintained by the Nevada Interscholastic
Activities Association.
4. Each organization for youth sports that sanctions or
sponsors competitive sports for youths shall post the policy
adopted pursuant to subsection 1 on an Internet website
maintained by the organization, if any.
5. At least once every 5 years, each organization for youth
sports that sanctions or sponsors competitive sports for youths in
this State shall:
(a) Review the policy adopted pursuant to subsection 1; and
(b) Update the policy to reflect current best practice in the
prevention and treatment of injuries to the head.
6. As used in this section:
(a) “Provider of health care” means a physician or physician
assistant licensed under chapter 630 or 633 of NRS, an advanced
practice registered nurse licensed under chapter 632 of NRS, a
physical therapist licensed under chapter 640 of NRS or an athletic
trainer licensed under chapter 640B of NRS.
(b) “Youth” means a person under the age of 18 years.
Sec. 11. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 12. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 11, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
– 10 –
- 82nd Session (2023)
(b) On July 1, 2024, for all other purposes.
20 ~~~~~ 23