Bill Text: IN SB0093 | 2011 | Regular Session | Engrossed
Bill Title: Concussions and head injuries in student athletes.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0093 Detail]
Download: Indiana-2011-SB0093-Engrossed.html
Citations Affected: IC 20-26; IC 20-34; IC 34-30.
Effective: July 1, 2011.
(HOUSE SPONSOR _ BACON)
January 5, 2011, read first time and referred to Committee on Health and Provider
Services.
February 14, 2011, amended, reported favorably _ Do Pass.
February 15, 2011, read second time, amended, ordered engrossed.
February 16, 2011, engrossed.
February 17, 2011, read third time, passed. Yeas 46, nays 4.
March 28, 2011, read first time and referred to Committee on Education.
April 7, 2011, amended, reported _ Do Pass.
Digest Continued
athlete who is suspected of sustaining a head injury or concussion be removed from play at the time of the injury. Provides that the student athlete may not return to play until the student athlete has been evaluated and received written clearance from a licensed health care provider trained in evaluating head injuries. Provides that a health care provider who, as a volunteer in good faith and gratuitously, provides head injury evaluations to student athletes has immunity from civil liability for acts or omissions arising from the evaluations, except for gross negligence or willful or wanton misconduct. Requires a student who attends a nonpublic high school that is not a member of an interscholastic athletic association who participates in high school athletics at a public high school that is a member of an athletic association to: (1) follow applicable code of conduct rules; (2) fulfill certain academic requirements; (3) undergo annual department of education approved academic assessments; and (4) comply with any transfer rules of the association.
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(b) For a high school student described in subsection (a) to be eligible to participate in high school athletics at a public high school that is located within the legal settlement of the student and is a member of an association, the following conditions must be met:
(1) If the student attends an accredited nonpublic school, the student must:
(A) fulfill the same academic requirements established for students of the public high school by the school corporation
where the student has legal settlement; and
(B) meet all standards and requirements applicable to a
student participating in the interscholastic athletic activity,
including but not limited to tryouts, practice time, codes of
conduct and student discipline, physical exams, proof of
age, permission forms, waivers, required paperwork, fees,
transportation arrangements, and any transfer rules of the
association, but excluding any requirements that the
student be enrolled in or attend the public school.
(2) If the student attends a nonaccredited nonpublic school,
the student must meet the conditions under subdivision (1) or:
(A) must have attended a nonaccredited nonpublic school
for the entire previous three (3) school years;
(B) must:
(i) take a nationally recognized test, as approved by the
department, that assesses basic skills and achievement
for each year of high school and achieve at least the
minimum standard score commensurate with the
student's grade level; and
(ii) provide to the public high school principal written
verification from the nonpublic school that the student is
eligible to participate in the interscholastic athletic
activity based on appropriate grade level achievement,
commensurate with the school grading periods of the
public high school; and
(C) meet all standards and requirements applicable to a
student participating in the interscholastic athletic activity,
including but not limited to tryouts, practice time, codes of
conduct and student discipline, physical exams, proof of
age, permission forms, waivers, required paperwork, fees,
transportation arrangements, and any transfer rules of the
association, but excluding any requirements that the
student be enrolled in or attend the public school.
Chapter 7. Student Athletes: Concussions and Head Injuries
Sec. 1. As used in this chapter, "association" has the meaning set forth in IC 20-26-14-1.
Sec. 2. (a) Before July 1, 2012, the department shall disseminate guidelines, information sheets, and forms to each school corporation for distribution to a school to inform and educate coaches, student athletes, and parents of student athletes of the nature and risk of concussion and head injury to student athletes, including the risks of continuing to play after concussion or head injury.
(b) The department:
(1) may consult with the association, medical professionals, and others with expertise in diagnosing and treating concussions and head injuries; and
(2) may request the assistance of the association in disseminating the guidelines, information sheets, and forms required under subsection (a).
(c) The department may disseminate the materials required under this section in an electronic format.
Sec. 3. Each year, before beginning practice for an interscholastic or intramural sport, a high school student athlete and the student athlete's parent:
(1) must be given the information sheet and form described in section 2 of this chapter; and
(2) shall sign and return the form acknowledging the receipt of the information to the student athlete's coach.
The coach shall maintain a file of the completed forms.
Sec. 4. A high school student athlete who is suspected of sustaining a concussion or head injury in a practice or game:
(1) shall be removed from play at the time of the injury; and
(2) may not return to play until the student athlete has received a written clearance under section 5(a) of this chapter.
Sec. 5. (a) A high school student athlete who has been removed from play under section 4 of this chapter may not return to play until the student athlete:
(1) is evaluated by a licensed health care provider trained in the evaluation and management of concussions and head injuries; and
(2) receives a written clearance to return to play from the health care provider who evaluated the student athlete.
(b) A licensed health care provider who evaluates a student athlete under subsection (a) may conduct the evaluation as a volunteer. A volunteer health care provider who in good faith and gratuitously authorizes a student athlete to return to play is not liable for civil damages resulting from an act or omission in the rendering of an evaluation, except for acts or omissions that constitute gross negligence or willful or wanton misconduct.
