Bill Text: MN HF905 | 2011-2012 | 87th Legislature | Engrossed


Bill Title: Youth athletes with concussions resulting from participation in youth athletic activities policies established.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-21 - HF indefinitely postponed [HF905 Detail]

Download: Minnesota-2011-HF905-Engrossed.html

1.1A bill for an act
1.2relating to health; establishing policies for youth athletes with concussions
1.3resulting from participation in youth athletic activities;amending Minnesota
1.4Statutes 2010, section 128C.02, by adding a subdivision; proposing coding for
1.5new law in Minnesota Statutes, chapter 121A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. [121A.045] YOUTH SPORTS PROGRAMS.
1.8(a) Consistent with section 121A.323, any city, business, or nonprofit organization
1.9that organizes a youth athletic activity for which an activity fee is charged shall:
1.10(1) make information accessible to all participating coaches, officials, and youth
1.11athletes and their parents or guardians about the nature and risks of concussions, including
1.12the effects and risks of continuing to play after receiving a concussion, and the protocols
1.13and content, consistent with current medical knowledge from the Centers for Disease
1.14Control and Prevention, related to:
1.15(i) the nature and risks of concussions associated with athletic activity;
1.16(ii) the signs, symptoms, and behaviors consistent with a concussion;
1.17(iii) the need to alert appropriate medical professionals for urgent diagnosis and
1.18treatment when a youth athlete is suspected or observed to have received a concussion; and
1.19(iv) the need for a youth athlete who sustains a concussion to follow proper medical
1.20direction and protocols for treatment and returning to play;
1.21(2) require all participating coaches and officials to receive initial online training and
1.22online training at least once every three calendar years thereafter, consistent with clause
1.23(1) and the Concussion in Youth Sports online training program available on the Centers
1.24for Disease Control and Prevention Web site; and
2.1(3) before a youth athlete participates in a youth athletic activity, require the
2.2youth athlete and the youth athlete's parent or guardian to sign and submit to a coach or
2.3other official a concussion information form indicating that the youth athlete received
2.4information about concussions.
2.5(b) A coach or official shall remove a youth athlete from participating in any youth
2.6athletic activity when the youth athlete:
2.7(1) exhibits signs, symptoms, or behaviors consistent with a concussion; or
2.8(2) is suspected of sustaining a concussion.
2.9(c) When a coach or official removes a youth athlete from participating in a youth
2.10athletic activity because of a concussion, the youth athlete may not again participate in the
2.11activity until the youth athlete:
2.12(1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion;
2.13and
2.14(2) is evaluated by a provider trained and experienced in evaluating and managing
2.15concussions and the provider gives the youth athlete written permission to again
2.16participate in the activity.
2.17(d) Failing to remove a youth athlete from an activity under this section does not
2.18violate section 604A.11, subdivision 2, clause (6), consistent with paragraph (e).
2.19(e) This section does not create any additional liability for, or create any new
2.20cause of legal action against, a city, business, or nonprofit organization or any officer or
2.21employee of a city, business, or nonprofit organization.
2.22EFFECTIVE DATE.This section is effective September 1, 2011.

2.23    Sec. 2. [121A.323] CONCUSSION PROCEDURES.
2.24    Subdivision 1. Definitions. (a) For purposes of this section and section 121A.045,
2.25the following terms have the meanings given them.
2.26 (b) "Concussion" means a complex pathophysiological process affecting the brain,
2.27induced by traumatic biokinetic forces caused by a direct blow to either the head, face, or
2.28neck, or elsewhere on the body with an impulsive force transmitted to the head that may
2.29involve the rapid onset of short-lived impairment of neurological function and clinical
2.30symptoms, loss of consciousness, or prolonged postconcussive symptoms.
2.31(c) "Provider" means a health care provider who is:
2.32(1) registered, licensed, certified, or otherwise statutorily authorized by the state to
2.33provide medical treatment;
2.34(2) trained and experienced in evaluating and managing pediatric concussions; and
2.35(3) practicing within the person's medical training and scope of practice.
3.1(d) "Youth athlete" means a young person through age 18 who actively participates
3.2in an athletic activity, including a sport.
3.3(e) "Youth athletic activity" means any athletic activity related to competition,
3.4practice, or training exercises. For purposes of school-sponsored sports under this section,
3.5youth athletic activities are extracurricular athletic activities.
3.6    Subd. 2. School-sponsored sports. (a) The appropriate sports governing body,
3.7including the high school league under chapter 128C, among other sports governing
3.8bodies, shall work with public and nonpublic school coaches, officials, and youth athletes
3.9and their parents or guardians to make information available about the nature and risks
3.10of concussions, including the effects of continuing to play after receiving a concussion.
3.11The information shall include protocols and content, consistent with current medical
3.12knowledge from the Centers for Disease Control and Prevention, related to:
3.13(1) the nature and risks of concussions associated with athletic activity;
3.14(2) the signs, symptoms, and behaviors consistent with a concussion;
3.15(3) the need to alert appropriate medical professionals for urgent diagnosis and
3.16treatment when a youth athlete is suspected or observed to have received a concussion; and
3.17(4) the need for a youth athlete who sustains a concussion to follow proper medical
3.18direction and protocols for treatment and returning to play.
3.19A sports governing body that posts or provides appropriate links to the information
3.20indicated in this paragraph has complied with the requirements of this paragraph.
3.21(b) Consistent with paragraph (a), the appropriate sports governing body shall
3.22provide access to the Concussion in Youth Sports online training program available on
3.23the Centers for Disease Control and Prevention Web site. Each school coach and official
3.24involved in youth athletic activities must receive initial online training and online training
3.25at least once every three school years thereafter.
3.26(c) At the start of each school year, school officials shall make information available
3.27about the nature and risks of concussions to youth athletes and their parents or guardians.
3.28If a parent of a youth athlete must sign a consent form to allow the youth athlete to
3.29participate in a school-sponsored athletic activity, the form must include information
3.30about the nature and risk of concussions.
3.31(d) A coach or official shall remove a youth athlete from participating in any youth
3.32athletic activity when the youth athlete:
3.33(1) exhibits signs, symptoms, or behaviors consistent with a concussion; or
3.34(2) is suspected of sustaining a concussion.
4.1(e) When a coach or official removes a youth athlete from participating in a youth
4.2athletic activity because of a concussion, the youth athlete may not return to the activity
4.3until the youth athlete:
4.4(1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion;
4.5and
4.6(2) is evaluated by a provider trained and experienced in evaluating and managing
4.7concussions and the provider gives the youth athlete written permission to again
4.8participate in the activity.
4.9(f) Failing to remove a youth athlete from an activity as required under this section
4.10does not violate section 604A.11, subdivision 2, clause (6), consistent with paragraph (g).
4.11(g) This section does not create any additional liability for, or create any new
4.12cause of legal action against, a school or school district or any officer or employee of a
4.13school or school district.
4.14EFFECTIVE DATE.This section is effective for the 2011-2012 school year and
4.15later.

4.16    Sec. 3. Minnesota Statutes 2010, section 128C.02, is amended by adding a subdivision
4.17to read:
4.18    Subd. 3b. Concussion awareness, safety, and protection. The league may adopt
4.19a concussion awareness, safety, and protection policy that exceeds the requirements of
4.20section 121A.323.
4.21EFFECTIVE DATE.This section is effective for the 2011-2012 school year and
4.22later.
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