Bill Text: CA AB1647 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Athletics.
Spectrum: Moderate Partisan Bill (Democrat 16-3)
Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB1647 Detail]
Download: California-2009-AB1647-Amended.html
Bill Title: Athletics.
Spectrum: Moderate Partisan Bill (Democrat 16-3)
Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB1647 Detail]
Download: California-2009-AB1647-Amended.html
BILL NUMBER: AB 1647 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY MAY 10, 2010
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 7, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 23, 2010
INTRODUCED BY Assembly Members Hayashi and Hill
(Coauthors: Assembly Members Ammiano, Bass, Beall, Buchanan, Coto,
Davis, Fletcher, Furutani, Galgiani, Huffman, Lieu, BonnieB
Lowenthal, Ruskin, Saldana, Smyth, and Solorio)
(Coauthor: Senator Strickland)
JANUARY 13, 2010
An act to add Chapter 2.7 (commencing with Section 18898) to
Division 8 of the Business and Professions Code, and to add
Sections 33355 and 49475 Section 33355 to the
Education Code, relating to athletics.
LEGISLATIVE COUNSEL'S DIGEST
AB 1647, as amended, Hayashi. Athletics.
(1) Existing law provides for the regulation of various
professions and vocations, including those of an athlete agent.
This bill would make it unlawful for any person to hold himself or
herself out as an athletic trainer unless he or she has been
certified by the Board of Certification, Inc., and has either
graduated from a college or university, after completing an
accredited athletic training education program, as specified, or
completed requirements for certification by the Board of
Certification, Inc., prior to January 1, 2004. The bill would
prohibit an athletic trainer from engaging in athletic training
activities unless pursuant to protocols developed by a physician and
surgeon for that athletic trainer. The bill would make it an unfair
business practice to violate these provisions.
(2) Existing law authorizes school districts to provide specified
medical services in connection with athletic events that are under
the jurisdiction of, or sponsored or controlled by, school districts.
These services include medical or hospital insurance for pupils
injured while participating in athletic activities and ambulance
service for pupils, instructors, spectators, and other individuals in
attendance at athletic activities.
This bill would provide that if a school district elects to offer
any interscholastic athletic programs, the school district would be
required to comply with certain requirements, including (A)
immediately removing from a school-sponsored athletic activity a high
school athlete who is suspected of sustaining a concussion or head
injury during that activity, (B) commencing July 1, 2011, ensuring
that there is a written action plan available that describes the
procedures to be followed in the event of any emergency that occurs
in connection with a school-sponsored athletic activity, and (C)
commencing July 1, 2014, acquiring an automatic external
defibrillator, to be made available at school-sponsored athletic
activities.
(3)
(2) Existing law grants the State Department of
Education certain authority over interscholastic athletics, including
the authority to state that the policies of school districts, of
associations or consortia of school districts, and of the California
Interscholastic Federation, concerning interscholastic athletics, are
in compliance with both state and federal law.
This bill would require the department to adopt a
heat-acclimatization program established by the National Athletic
Trainers' Association or other similarly recognized organization, and
to make this program available to school districts through
its Internet Web site or other means post this program
on its Internet Web site .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and
declares all of the following:
(1) Over 125 middle school and high school athletes died in 2008
and 2009, including 18 in California, and another 40 sustained
catastrophic, life-altering injuries. Many of these deaths and
injuries could have been prevented or mitigated if proper procedures
were employed.
(2) According to the National Center for Catastrophic Sport Injury
Research (NCCSIR), approximately 7.5 million pupils participate in
high school athletics each year.
(3) The NCCSIR also estimates that 2 million injuries occur each
year, including approximately 1 million injuries that result in the
loss of at least one week of activity.
(4) Historically, over 60 pupils per year are killed or suffer
catastrophic injuries, such as permanent paralysis, as the result of
spinal cord injury.
(b) It is therefore the intent of the Legislature to enact
legislation that will decrease the number of deaths and catastrophic
injuries sustained by California pupil athletes, with the focus on
the most common types of injuries and illnesses that result in
life-threatening injuries and deaths, including sudden cardiac death,
traumatic brain injury, and heat illness.
SEC. 2. SECTION 1. Chapter 2.7
(commencing with Section 18898) is added to Division 8 of the
Business and Professions Code, to read:
CHAPTER 2.7. ATHLETIC TRAINERS
18898. (a) No person shall hold himself or herself out to be an
athletic trainer unless he or she meets the following requirements:
(1) He or she has done either of the following:
(A) Graduated from a college or university after completing an
athletic training education program accredited by the Commission on
Accreditation of Athletic Training Education, or its predecessors or
successors.
(B) Completed requirements for certification by the Board of
Certification, Inc., prior to January 1, 2004.
(2) He or she has been certified by the Board of Certification,
Inc.
(b) An athletic trainer shall engage in athletic training
activities only pursuant to protocols developed for that athletic
trainer by a physician and surgeon licensed by the Medical Board of
California or an osteopathic physician and surgeon licensed by the
Osteopathic Medical Board of California.
(c) It is an unfair business practice within the meaning of
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 for
any person to use the title of "athletic trainer" or "certified
athletic trainer" or any other term, such as "licensed," "registered,"
or "ATC," that implies or suggests that the person is certified as
an athletic trainer, if the person does not meet the requirements of
subdivision (a) and engages in athletic trainer activities pursuant
to subdivision (b).
SEC. 3. SEC. 2. Section 33355 is
added to the Education Code, to read:
33355. The department shall adopt a heat-acclimatization program
established by the National Athletic Trainers' Association or other
similarly recognized organization and shall make this
program available to school districts through its Internet Web site
or other means. post this program on its Internet Web
site.
SEC. 4. Section 49475 is added to the Education
Code, to read:
49475. If a school district elects to offer any interscholastic
athletic programs, the school district shall comply with all of the
following:
(a) A high school athlete who is suspected of sustaining a
concussion or head injury in a school-sponsored athletic activity
shall be immediately removed from the activity and shall not be
permitted to return to the activity until he or she is evaluated by a
licensed physician and surgeon, osteopathic physician and surgeon,
athletic trainer trained in the management of concussions pursuant to
Chapter 2.7 (commencing with Section 18898) of Division 8 of the
Business and Professions Code, or licensed health care provider,
trained in the management of concussions, acting within the scope of
his or her practice. If an athlete suspected of sustaining a
concussion is referred by an athletic trainer to a licensed physician
and surgeon, an osteopathic physician and surgeon, or licensed
health care provider, trained in the management of concussions,
acting within the scope of his or her practice, that athlete shall
not be permitted to return to the activity until he or she receives
written clearance to return to the activity from a licensed physician
and surgeon, osteopathic physician and surgeon, or licensed health
care provider, trained in the management of concussions, acting
within the scope of his or her practice.
(b) Commencing July 1, 2011, the governing board of a school
district shall ensure that there is a written emergency action plan
available that describes the procedures to be followed in the event
of any emergency that occurs in connection with a school-sponsored
athletic activity.
(c) (1) Commencing July 1, 2014, the governing board of a school
district shall acquire an automatic external defibrillator (AED) to
be used by trained personnel to assist pupils, instructors,
spectators, and other individuals in attendance at school-sponsored
athletic activities. Each school district that acquires an AED
pursuant to this subdivision shall ensure that one AED is available
at each schoolsite for school-sponsored athletic activities that
occur at the schoolsite. Without regard to the number of athletic
activities that occur at each schoolsite, only one AED shall be
required at each schoolsite.
(2) In order to ensure public safety, a school district that
acquires an AED pursuant to this subdivision is not liable for any
civil damages resulting from any acts or omissions in the rendering
of emergency care under subdivision (b) of Section 1714.21 of the
Civil Code if that school district has complied with subdivision (b)
of Section 1797.196 of the Health and Safety Code.
(3) An employee of a school district, who in good faith renders
emergency care or treatment at the scene of an emergency by the use
of an AED acquired pursuant to this subdivision, is not liable for
any civil damages resulting from any acts or omissions in rendering
the emergency care. This protection does not apply in any case of
personal injury or wrongful death that results from the gross
negligence or willful or wanton misconduct of any employee of a
school district who renders emergency care or treatment by the use of
an AED.
