SB 402 – AS AMENDED BY THE SENATE

03/28/12 1408s

2012 SESSION

12-3062

04/03

SENATE BILL 402

AN ACT relative to the adoption of policies for the management of concussion and head injury in youth sports.

SPONSORS: Sen. Houde, Dist 5; Sen. Lambert, Dist 13; Sen. Boutin, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Kelly, Dist 10; Sen. Merrill, Dist 21; Sen. Larsen, Dist 15; Rep. White, Graf 11; Rep. Harding, Graf 11; Rep. Gile, Merr 10; Rep. Millham, Belk 5; Rep. Reagan, Rock 1

COMMITTEE: Health and Human Services

ANALYSIS

This bill requires school districts to develop policies for the management of concussion and head injury in youth sports and limits a school district’s liability for injuries occurring on school district property resulting from the action or inaction of a person employed by, or under contract with, a youth program, provided such program furnishes proof of insurance.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/28/12 1408s

12-3062

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the adoption of policies for the management of concussion and head injury in youth sports.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Legislative Findings. The general court finds that:

I. Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year.

II. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death are significant when a concussion or head injury is not properly evaluated and managed.

III. Concussions are a type of mild brain injury that can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or obstacles. Concussions occur with or without loss of consciousness, but the vast majority occur without loss of consciousness. When managed properly, the majority of concussions resolve without direct medical intervention in 10-14 days.

IV. Continuing to play with a concussion or symptoms of head injury leaves the young athlete especially vulnerable to greater injury and even death. The general court recognizes that, despite having generally recognized return to play standards for concussion and head injury, some affected youth athletes are prematurely returned to play resulting in actual or potential physical injury or death to youth athletes in the state of New Hampshire.

2 New Subdivision; Health and Sanitation; Head Injury Policies for Youth Sports. Amend RSA 200 by inserting after section 48 the following new subdivision:

Head Injury Policies for Youth Sports

200:49 Head Injury Policies for Youth Sports. Education is the key to identification and appropriate management of all concussions. The school board of each school district shall work in cooperation with the New Hampshire Interscholastic Athletic Association to develop guidelines and other pertinent information and forms to inform and educate coaches, youth athletes, and athletes’ parents or guardians of the nature and risk of concussion and head injury including continuing to play after concussion or head injury. Such guidelines should be based on the sports-related concussion consensus statement of the New Hampshire Advisory Council on Sport-Related Concussion. On an annual basis, a concussion and head injury information sheet shall be distributed by the school district to all youth athletes. The form shall be signed by the youth athlete and the athlete’s parent or guardian and returned to the school prior to initiating practice or competition.

200:50 Removal of Youth Athlete.

I. A coach, official, licensed athletic trainer, or health care provider who suspects that a youth athlete has sustained a concussion or head injury in a practice or game shall remove the youth athlete from play immediately.

II. A youth athlete who has been removed from play shall not return to play until he or she is evaluated by a health care provider and receives written authorization from that health care provider to return to play.

III. No person who authorizes a youth athlete to return to play shall be liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

200:51 School Districts; Limitation of Liability.

I. An employee of a school administrative unit, school, or chartered public school, or a school volunteer, pupil, parent, legal guardian, or employee of a company under contract to a school, school district, school administrative unit, or chartered public school, shall be immune from civil liability for good faith conduct arising from or pertaining to the injury or death of a youth athlete provided the action or inaction was in compliance with this subdivision and local school board policies relative to the management of concussions and head injuries. This limitation of liability shall extend to school-sponsored athletic activities and youth programs that take place on school property and during the delivery of services of the youth program.

II. No youth group shall be liable for an injury to or the death of a youth athlete due to the action or inaction of persons employed by, or under contract with, a youth program if:

(a) The action or inaction takes place on school property and during the delivery of services of the youth program; and

(b) The youth program provides to the school district proof of insurance, under an accident and liability policy issued by an insurance company authorized to do business in this state, that covers any injury or damage arising from delivery of its services. Coverage for a policy meeting the requirements of this section shall be at least $50,000 for the bodily injury or death of one person in any incident, or at least $100,000 for the bodily injury or death of 2 or more persons in any incident. The youth program shall provide proof of such insurance before the use of any school district facilities; and

(c) The youth program provides to the school district a written statement certifying compliance with school district policies for the management of concussion and head injury in youth sports as set forth in RSA 200:49.

200:52 Definitions. As used in this subdivision:

I.(a) “Youth group” and “youth program” mean any program or service offered by a private, nonprofit entity, that is operated primarily to provide persons under 18 years of age with opportunities to participate in services or programs.

(b) “Health care provider” means a person who is licensed, certified, or otherwise statutorily authorized by the state to provide medical treatment and is trained in the evaluation and management of concussions.

3 Effective Date. This act shall take effect 60 days after its passage.