Bill Text: MI HB5697 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Health; children; concussion protocols regarding youth athletes; require compliance with by certain entities that sponsor athletic events. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 9156. TIE BAR WITH: SB 1122'12
Spectrum: Moderate Partisan Bill (Republican 14-2)
Status: (Passed) 2012-11-08 - Assigned Pa 343'12 [HB5697 Detail]
Download: Michigan-2011-HB5697-Introduced.html
HOUSE BILL No. 5697
May 29, 2012, Introduced by Reps. Hooker, Yonker, Heise, Kurtz, Pscholka, Rendon, Jenkins, Potvin, Lyons, Ouimet, Johnson, Haines, Rutledge, Liss, Walsh and Outman and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 9155.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9155. (1) Before the expiration of 90 days after the
effective date of this section, the department shall develop,
adopt, or approve educational materials on the nature and risk of
concussions.
(2) Before the expiration of 90 days after the effective date
of this section, the department shall develop, adopt, or approve a
concussion awareness training program that includes all of the
following:
(a) The nature and risk of concussions.
(b) The criteria for the removal of an athlete from physical
participation in an athletic activity due to a suspected concussion
and his or her return to that athletic activity.
(c) The risks to an athlete of not reporting a suspected
concussion and continuing to physically participate in the athletic
activity.
(3) As soon as they are available, the department shall make
the educational materials and training program required under this
section available to the public on the department's internet
website. The department shall make the training program available
to all individuals required to participate in the program and to
any interested individual including school personnel, coaches,
parents, students, and athletes.
(4) Before the expiration of 1 year after the effective date
of this section, the department shall promulgate rules under the
administrative procedures act of 1969 that it determines necessary
to implement and administer this section. The department shall
identify in the rules it promulgates under this section the
individuals who are required to participate in the training program
developed under subsection (2). The department shall identify in
the rules it promulgates under this section the organizing entities
and athletic activities that are exempt from the application of
this section pursuant to subsections (7) and (8).
(5) Before a youth athlete may participate in an athletic
activity sponsored by or operated under the auspices of an
organizing entity, the organizing entity shall do all of the
following:
(a) Comply with all the requirements of this section and rules
promulgated under this section with regard to its coaches,
employees, volunteers, and other adults who are involved with the
participation of youth athletes in athletic activity sponsored by
or operated under the auspices of that organizing entity and who
are required to participate in the concussion awareness training
program developed under subsection (2).
(b) Provide the educational materials developed under
subsection (1) to each youth athlete who participates in an
athletic activity sponsored by or operated under the auspices of
the organizing entity and a parent or guardian of the youth
athlete.
(c) Obtain and maintain in a permanent file for the duration
of that youth athlete's participation in athletic activity
sponsored by or operated under the auspices of that organizing
entity a statement signed by each youth athlete and a parent or
guardian of the youth athlete acknowledging receipt of the
educational material developed under subsection (1). Upon request,
the organizing entity shall make the statements obtained under this
subdivision available to the department.
(6) A coach or other adult employed by, volunteering for, or
otherwise acting on behalf of an organizing entity during an
athletic event sponsored by or operated under the auspices of the
organizing entity shall immediately remove from physical
participation in an athletic activity a youth athlete who is
suspected of sustaining a concussion during the athletic activity.
A youth athlete who has been removed from physical participation in
an athletic activity under this subsection shall not return to
physical activity until he or she has been evaluated by an
appropriate health professional and receives written clearance from
that health professional authorizing the youth athlete's return to
physical participation in the athletic activity. The organizing
entity shall maintain in a permanent file for the duration of that
youth athlete's participation in athletic activity sponsored by or
operated under the auspices of that organizing entity the written
clearance under this subsection. Upon request, the organizing
entity shall make the written clearance obtained under this
subsection available to the department.
(7) This section does not apply to an athletic activity
sponsored by or operated under the auspices of an organizing entity
if all of the following requirements are met:
(a) The entity is a member of a private nonprofit multisport
statewide interscholastic athletic association or other sports
organization.
(b) The athletic activity is governed by a rule established by
the interscholastic athletic association or sports organization
described in subdivision (a), which rule establishes concussion
protocols that are substantially similar to the concussion
protocols provided in this section and includes an enforcement
mechanism on its members.
(8) This section does not apply to an entity that would
otherwise be considered an organizing entity under this section if
the primary focus of the program or event sponsored by or operated
under the auspices of that entity is not the participation in an
organized athletic game or competition but that participation is
only incidental to the primary focus of the program or event.
(9) As used in this section:
(a) "Appropriate health professional" means a health
professional who is licensed or otherwise authorized to engage in a
health profession under article 15 and whose scope of practice
within that health profession includes the recognition, treatment,
and management of concussions.
(b) "Athletic activity" means a program or event, including
practice and competition, during which youth athletes participate
or practice to participate in an organized athletic game or
competition against another team, club, entity, or individual.
Athletic activity includes participation in physical education
classes that are part of a school curriculum.
(c) "Concussion" means a type of traumatic brain injury as
recognized by the centers for disease control and prevention. A
concussion may cause a change in a person's mental status at the
time of the injury, including, but not limited to, feeling dazed,
disoriented, or confused, and may or may not involve a loss of
consciousness. A concussion may be caused by any type of accident
or injury including, but not limited to, the following:
(i) A fall.
(ii) A blow, bump, or jolt to the head or body.
(iii) The shaking or spinning of the head or body.
(iv) The acceleration and deceleration of the head.
(d) "Organizing entity" means any of the following:
(i) A school.
(ii) A state or local parks and recreation department or
commission or other state or local entity.
(iii) A nonprofit or for-profit entity.
(iv) A public or private entity.
(e) "School" means a nonpublic school, public school, or
public school academy as those terms are defined in section 5 of
the revised school code, 1976 PA 451, MCL 380.5.
(f) "Youth athlete" means an individual who engages in an
athletic activity and who is under 18 years of age.
