Bill Text: MI HB5697 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
HB-5697, As Passed House, September 19, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5697
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 9156.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9156. (1) An organizing entity that is subject to this
section shall ensure that it is in compliance with this section
before it sponsors or operates an athletic activity in which youth
athletes will participate, if that athletic activity is subject to
this section.
(2) 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 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 section 9155.
(b) Provide the educational materials developed under section
9155 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 a statement signed by each youth athlete and a
parent or guardian of the youth athlete acknowledging receipt of
the educational material developed under section 9155. The
organizing entity shall maintain the statement obtained under this
subdivision 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 or until the
youth athlete is 18 years of age. Upon request, the organizing
entity shall make the statements obtained under this subdivision
available to the department.
(3) 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 a written clearance obtained under this
subsection 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 or until the
youth athlete is 18 years of age. Upon request, the organizing
entity shall make the written clearance obtained under this
subsection available to the department.
(4) 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 or more stringent than
the concussion protocols developed, adopted, or approved under
section 9155 and includes an enforcement mechanism on its members.
(5) 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1122 of the 96th Legislature is enacted into
law.
