Bill Text: IN SB0372 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Youth athletic health issues.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2013-05-13 - Public Law 249 [SB0372 Detail]

Download: Indiana-2013-SB0372-Amended.html

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Reprinted

February 19, 2013

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SENATE BILL No. 372

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DIGEST OF SB 372 (Updated February 18, 2013 2:40 pm - DI 104)

Citations Affected: IC 16-19; IC 20-34; IC 34-30; noncode.

Synopsis: Youth athletic concussions. Defines "athlete" for purposes of the education law concerning concussions and head injuries as a person less than 20 years of age who engages in an athletic activity. (Currently that law pertains only to student athletes.) Requires the state department of health to post on the state department's website guidelines created by the department of education concerning the protection of athletes from the effects of concussions incurred at athletic activities. Requires the department of education, before December 1, 2013, to develop guidelines for the protection of athletes from the effects of concussions incurred at athletic activities taking place on school property. Beginning April 1, 2014, requires football coaches and assistant football coaches to annually complete a course concerning concussions and provides civil immunity for coaches in certain circumstances. Establishes the coaching education issues study committee during the 2013 legislative interim and sets forth the committee's duties. Makes conforming changes.

Effective: Upon passage; July 1, 2013.

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Holdman, Young R

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    January 8, 2013, read first time and referred to Committee on Health and Provider Services.
    February 14, 2013, amended, reported favorably _ Do Pass.
    February 18, 2013, read second time, amended, ordered engrossed.

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Reprinted

February 19, 2013

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 372

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    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-19-3-6.7; (13)SB0372.2.1. -->     SECTION 1. IC 16-19-3-6.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6.7. (a) As used in this section, "athlete" has the meaning set forth in IC 20-34-7-1.
    (b) As used in this section, "athletic activity" has the meaning set forth in IC 20-34-7-1.
    (c) As used in this section, "coach" has the meaning set forth in IC 20-34-7-1.
    (d) As used in this section, "organizing entity" means any:
        (1) parks and recreation department;
        (2) municipal agency;
        (3) nonprofit entity; or
        (4) for-profit entity;
that organizes athletic activities.
    (e) Not later than December 1, 2013, the state department shall post on the state department's Internet website guidelines created by the department of education concerning the protection of

athletes from the effects of concussions that might be incurred at athletic activities that are sponsored by an organizing entity and take place on public property other than school property, including property controlled by any:
        (1) parks and recreation department;
        (2) municipal agency;
        (3) nonprofit entity; or
        (4) for-profit entity;
that organizes or sponsors an athletic activity or permits use of the entity's facilities for an athletic activity.
    (f) The state department shall use the guidelines created by the department of education under IC 20-34-7-2 to carry out the provisions of this section.

SOURCE: IC 20-34-7-1; (13)SB0372.2.2. -->     SECTION 2. IC 20-34-7-1, AS ADDED BY P.L.144-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) As used in this chapter, "association" has the meaning set forth in IC 20-26-14-1.
     (b) As used in this chapter, "athlete" means a person who engages in athletic activity and who is less than twenty (20) years of age.
    (c) As used in this chapter, "athletic activity" means an organized athletic program or event involving physical exertion, including practice and competition.
    (d) As used in this chapter, "coach" means any individual providing instruction to athletes participating in an athletic activity, whether the individual is a volunteer, independent contractor, or employee.
    (e) As used in this chapter, "organizing entity" means any school that organizes or sponsors an athletic activity or any nonprofit or for-profit entity that uses school property for an athletic activity.

SOURCE: IC 20-34-7-2; (13)SB0372.2.3. -->     SECTION 3. IC 20-34-7-2, AS ADDED BY P.L.144-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Before July 1, 2012, December 1, 2013, the department shall disseminate publish, for dissemination to each school corporation and make available to all other organizing entities, 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:

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        (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 and otherwise make available the materials required under this section in an electronic format.

SOURCE: IC 20-34-7-3; (13)SB0372.2.4. -->     SECTION 4. IC 20-34-7-3, AS ADDED BY P.L.144-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. Each year, before beginning practice for an interscholastic or intramural sport, a athletic activity, an 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. organizing entity.
The coach organizing entity shall maintain a file of the completed forms.

SOURCE: IC 20-34-7-4; (13)SB0372.2.5. -->     SECTION 5. IC 20-34-7-4, AS ADDED BY P.L.144-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. A high school student An 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.

SOURCE: IC 20-34-7-5; (13)SB0372.2.6. -->     SECTION 6. IC 20-34-7-5, AS ADDED BY P.L.144-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A high school student An 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 an 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 an 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.

SOURCE: IC 20-34-7-6; (13)SB0372.2.7. -->     SECTION 7. IC 20-34-7-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) Beginning April 1, 2014, each year, prior to coaching football, each head football coach and assistant football coach shall complete a certified coaching education course that:
         (1) is sport-specific;
        (2) is accredited by an independent third party;
        (3) contains player safety content, including content on:
            (A) concussion awareness;
            (B) equipment fitting;
            (C) heat emergency preparedness; and
            (D) proper technique;
        (4) requires coaches to complete a test demonstrating comprehension of the content of the course; and
        (5) awards a certificate of completion to coaches who successfully complete the course.
    (b) For a coach's completion of a course to satisfy the requirement imposed by subsection (a), the course must have been approved by the department.
    (c) An organizing entity shall maintain a file of certificates of completion awarded under subsection (a)(5) to head coaches and assistant coaches of teams that use the organizing entity's facilities for their athletic activities.
    (d) A coach who complies with this section and provides coaching services in good faith is not liable for damages in a civil action as a result of a concussion or head injury incurred by an athlete participating in an athletic activity in which the coach provided coaching services, except for an act or omission by the coach that constitutes gross negligence or willful or wanton misconduct.

SOURCE: IC 34-30-2-85.6; (13)SB0372.2.8. -->     SECTION 8. IC 34-30-2-85.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 85.6. IC 20-34-7-6 (Concerning volunteer coaches).

SOURCE: IC 34-30-2-85.7; (13)SB0372.2.9. -->     SECTION 9. IC 34-30-2-85.7, AS ADDED BY P.L.144-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 85.7. IC 20-34-7-5 (Concerning a licensed health care provider who provides voluntary evaluations of concussions and head injuries for student athletes).

SOURCE: ; (13)SB0372.2.10. -->     SECTION 10. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "committee" refers to the coaching education issues

study committee established under subsection (b).
    (b) The legislative council shall, under IC 2-5-1.1-5(a)(2), establish an interim study committee to be known as the coaching education issues study committee. The committee shall do the following:
        (1) Study the feasibility of requiring all athletic activities, in addition to football, to meet the coaching education standards concerning athlete concussions established for football in IC 20-34-7-6, as added by this act, as soon as April 1, 2015.
        (2) Study any additional topics the legislative council considers necessary.
    (c) The committee shall operate under the policies governing study committees adopted by the legislative council. The committee shall submit a final report to the legislative council and the governor. The report submitted to the legislative council must be in an electronic format under IC 5-14-6.
    (d) This SECTION expires December 31, 2013.

SOURCE: ; (13)SB0372.2.11. -->     SECTION 11. An emergency is declared for this act.