Bill Text: HI HB2315 | 2012 | Regular Session | Introduced


Bill Title: Youth Sports; Concussion; Department of Education

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-23 - (H) Referred to HLT, EDN, FIN, referral sheet 6 [HB2315 Detail]

Download: Hawaii-2012-HB2315-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2315

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO Traumatic Brain Injury.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that youth sports, while relatively safe, carry the risk of potential traumatic brain injuries.  The legislature also finds that students who suffer traumatic brain injuries or concussions often do not receive the proper care due to coaches' inadequate medical training in recognizing symptoms.  The legislature finds that to lessen long term harm to student athletes, coaches must undertake annual classes to identify signs of traumatic brain injuries.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-     Student athlete traumatic brain injury prevention.  (a)  The department, in consultation with the Hawaii Athletic Trainers Association and the Hawaii High School Athletic Association, shall establish a student athlete traumatic brain injury program to educate coaches and student athletes and their parents or guardians of the nature and risk of traumatic brain injury.

     (b)  The department shall adopt rules pursuant to chapter 91, to implement the program; provided that the rules shall require, at a minimum, that:

     (1)  Coaches of student athletes receive annual training to recognize the symptoms of a traumatic brain injury and learn how to obtain timely and appropriate medical treatment for a student athlete suspected of having a traumatic brain injury;

     (2)  On a yearly basis, prior to the student athlete participating in athletic practice or competition, a traumatic brain injury information sheet be distributed to each student athlete and returned to the school with the signature of the student athlete's parent or guardian to acknowledge receipt of the information sheet;

     (3)  A student athlete who is suspected of sustaining a traumatic brain injury in a school-supervised athletic practice or competition be removed from participation in the practice or competition immediately; and

     (4)  A student athlete who has been removed from participation in practice or competition due to a traumatic brain injury shall not participate in practice or competition earlier than the day after the removal and may participate in practice or competition only after the student athlete:

         (A)  No longer exhibits signs, symptoms, or behaviors consistent with a traumatic brain injury; and

         (B)  Receives a medical release from a licensed physician, licensed neuropsychologist, or as determined by the department, other appropriately trained or licensed health care professional.

     (c)  As used in this section:

     "Physician" means a person licensed as a physician or osteopathic physician under part I of chapter 453 or exempt from licensure by section 453-2(b)(3).

     "Student athlete" means a student of a private or public school who participates in a school-supervised athletic activity.

     "Traumatic brain injury" means an alteration in brain function, or other evidence of brain pathology, caused by an external force."

     SECTION 3.  This Act does not create any liability for, or create any cause of legal action against, a school, a school district, or any officer or employee of a school or school district.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval; provided that the rules required by this Act shall be adopted no later than January 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Youth Sports; Concussion; Department of Education

 

Description:

Requires the Department of Education to implement a student athlete traumatic brain injury program.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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