Bill Text: OR SB721 | 2013 | Regular Session | Introduced

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

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Bill Title: Relating to youth athletic team safety.

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Passed) 2013-07-02 - Effective date, January 1, 2014. [SB721 Detail]

Download: Oregon-2013-SB721-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2937

                         Senate Bill 721

Sponsored by Senators STEINER HAYWARD, GIROD, Representative
  GILLIAM; Senators BURDICK, COURTNEY, DEVLIN, DINGFELDER,
  EDWARDS, FERRIOLI, MONNES ANDERSON, MONROE, ROBLAN, THOMSEN,
  Representatives BARTON, BOONE, FREDERICK, GREENLICK,
  KENY-GUYER, WILLIAMSON

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Expands school district policy requirements for recognizing and
responding to possible concussions.
  Imposes on nonschool athletic teams requirements for
recognizing and responding to possible concussions.

                        A BILL FOR AN ACT
Relating to youth athletic team safety; creating new provisions;
  and amending ORS 336.485.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 336.485 is amended to read:
  336.485. (1) As used in this section, 'coach' means a person
who instructs or trains members on a school athletic team, as
identified by criteria established by the State Board of
Education by rule.
  (2)(a) Each school district shall ensure that coaches receive
annual training to learn how to recognize the symptoms of a
concussion and how to seek proper medical treatment for a person
suspected of having a concussion.
  (b) The board shall establish by rule:
  (A) The requirements of the training described in paragraph (a)
of this subsection, which shall be provided by using community
resources to the extent practicable; and
  (B) Timelines to ensure that, to the extent practicable, every
coach receives the training described in paragraph (a) of this
subsection before the beginning of the season for the school
athletic team.
  (3)(a) A coach may not allow a member of a school athletic team
to participate in any athletic event or training on the same day
that the member:
  (A) Exhibits signs, symptoms or behaviors consistent with a
concussion following an observed or suspected blow to the head or
body; or
  (B) Has been diagnosed with a concussion.
  (b) A coach may allow a member of a school athletic team who is
prohibited from participating in an athletic event or training,
as described in paragraph (a) of this subsection, to participate
in an athletic event or training no sooner than the day after the
member experienced a blow to the head or body and only after the
member:
  (A) No longer exhibits signs, symptoms or behaviors consistent
with a concussion; and
  (B) Receives a medical release form from a health care
professional.
   { +  (4) If a coach has been found in violation of the
requirements of subsection (3) of this section, the school
district shall impose the following penalties:
  (a) For a first violation, suspension from coaching any school
athletic team for two weeks from the date of discovery of the
violation.
  (b) For a second violation, suspension from coaching any school
athletic team for one year from the date of discovery of the
violation.
  (c) For a third violation, permanent suspension from coaching
any school athletic team.
  (5)(a) The Department of Education shall develop and make
available guidelines and other relevant materials to inform and
educate students desiring to be a member of a school athletic
team, their parents and their coaches about the symptoms and
warning signs of a concussion.
  (b) To the extent practicable, the department shall use
community resources in developing the guidelines and materials
described in paragraph (a) of this subsection.
  (6) Each school year, and prior to a student participating as a
member on a school athletic team, an acknowledgement of receipt
and review of the materials developed as described in subsection
(5) of this section must be provided by:
  (a) The parent of the student; and
  (b) If the student is 12 years of age or older, the student.
  (7) A school district may hold an informational meeting prior
to the start of the season for each school athletic team
regarding the symptoms and warning signs of a concussion. + }
  SECTION 2.  { + The amendments to ORS 336.485 by section 1 of
this 2013 Act first apply to the 2014-2015 school year. + }
  SECTION 3.  { + (1) As used in this section:
  (a) 'Coach' means a person who volunteers or is paid to
instruct or train members of an athletic team.
  (b) 'League governing body' means a governing body that:
  (A) Oversees an association of nonschool athletic teams that
provide instruction or training for team members and that may
compete with each other; and
  (B) Is affiliated with, or otherwise sponsored or organized by,
a nonprofit corporation established as provided by ORS chapter
65.
  (c) 'Nonschool athletic team' means an athletic team that
includes members who are 18 years of age or younger and that is
not affiliated with a public school in this state.
  (d) 'Referee' means a person who volunteers or is paid to act
as a referee, as an umpire or in a similar supervisory position
for events involving nonschool athletic teams.
  (2)(a) Each league governing body shall ensure that coaches and
referees receive annual training to learn how to recognize the
symptoms of a concussion and how to seek proper medical treatment
for a person suspected of having a concussion.
  (b) Each league governing body shall adopt a policy that
establishes:
  (A) The requirements of the training described in paragraph (a)
of this subsection; and
  (B) Timelines that ensure that, to the extent practicable,
every coach and referee receives the training described in
paragraph (a) of this subsection before the beginning of the
season for the nonschool athletic team.

  (3)(a) A coach or a referee may not allow a member of a
nonschool athletic team to participate in any athletic event or
training on the same day that the member:
  (A) Exhibits signs, symptoms or behaviors consistent with a
concussion following an observed or suspected blow to the head or
body; or
  (B) Has been diagnosed with a concussion.
  (b) A coach or referee may allow a member of a nonschool
athletic team who is prohibited from participating in an athletic
event or training, as described in paragraph (a) of this
subsection, to participate in an athletic event or training no
sooner than the day after the member experienced a blow to the
head or body and only after the member:
  (A) No longer exhibits signs, symptoms or behaviors consistent
with a concussion; and
  (B) Receives a medical release form from a health care
professional.
  (4) If a coach or referee has been found in violation of the
requirements of subsection (3) of this section, the league
governing body shall impose the following penalties:
  (a) For a first violation, suspension from coaching or
refereeing duties for any nonschool athletic team for two weeks
from the date of the discovery of the violation.
  (b) For a second violation, suspension from coaching or
refereeing duties for any nonschool athletic team for one year
from the date of the discovery of the violation.
  (c) For a third violation, permanent suspension from coaching
or refereeing duties for any nonschool athletic team.
  (5) The league governing body shall develop and make available
guidelines and other relevant materials to inform and educate
children desiring to be a member of a nonschool athletic team,
their parents and coaches and referees about the symptoms and
warning signs of a concussion.
  (6) For each year of participation, and prior to a child
participating as a member on a nonschool athletic team, an
acknowledgement of receipt and review of the materials developed
as described in subsection (5) of this section must be provided
by:
  (a) The parent of the child; and
  (b) If the child is 12 years of age or older, the child.
  (7) A league governing body may hold an informational meeting
prior to the start of the season for each nonschool athletic team
regarding the symptoms and warning signs of a concussion.
  (8) When filing a renewal application with the Secretary of
State, the nonprofit corporation that is affiliated with, or
otherwise sponsors or organizes, a league governing body shall
include an affidavit with the renewal application that verifies
that the league governing body is in compliance with the
requirements of this section. + }
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