HF 905

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/26/2011 11:06am

A bill for an act
relating to health; establishing policies for youth athletes with concussions
resulting from participation in youth athletic activities; amending Minnesota
Statutes 2010, section 128C.02, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.045] YOUTH SPORTS PROGRAMS.
new text end

new text begin (a) Consistent with section 121A.323, any city, business, or nonprofit organization
that organizes a youth athletic activity for which a fee is charged shall:
new text end

new text begin (1) make information accessible to all participating coaches, officials, and the youth
athletes and their parents or guardians about the nature and risks of concussions, including
the effects and risks of continuing to play after receiving a concussion, and the protocols
and content, consistent with current medical knowledge from the Centers for Disease
Control and Prevention, related to:
new text end

new text begin (i) the nature and risks of concussions associated with athletic activity;
new text end

new text begin (ii) the signs, symptoms, and behaviors consistent with a concussion when a youth
athlete is suspected or observed to have received a concussion;
new text end

new text begin (iii) the need to alert appropriate medical professionals for urgent diagnosis and
treatment; and
new text end

new text begin (iv) the need for a youth athlete who sustains a concussion to follow proper medical
direction and protocols for treatment and returning to play;
new text end

new text begin (2) require all participating coaches and officials to receive annual online training,
consistent with clause (1) and the Concussion in Youth Sports training program available
on the Centers for Disease Control and Prevention Web site; and
new text end

new text begin (3) before a youth athlete participates in a youth athletic activity, require the youth
athlete and the athlete's parent or guardian to sign and submit to a coach or other official
a concussion information form indicating that the youth athlete received information
about concussions.
new text end

new text begin (b) A coach or official shall remove a youth athlete from participating in any youth
athletic activity when the youth athlete:
new text end

new text begin (1) exhibits signs, symptoms, or behaviors consistent with a concussion; or
new text end

new text begin (2) is suspected of sustaining a concussion.
new text end

new text begin (c) When a coach or official removes a youth athlete from participating in a youth
athletic activity because of a concussion, the youth athlete may not return to participating
in the activity until the youth athlete:
new text end

new text begin (1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion;
and
new text end

new text begin (2) is evaluated by a provider trained and experienced in evaluating and managing
concussions and the provider gives the youth athlete written permission to return to
participating in the activity; and
new text end

new text begin (3) if needed, the provider develops a plan to aid the youth athlete in recovering and
resuming participation in youth athletic activities and academics that:
new text end

new text begin (i) is coordinated, as appropriate, with periods of cognitive and physical rest while
symptoms persist; and
new text end

new text begin (ii) reintroduces cognitive and physical demands on the youth athlete on a
progressive basis only as increases in exertion do not cause symptoms to reemerge or
worsen.
new text end

new text begin (d) Failing to remove a youth athlete from an activity as required under this section
does not violate section 604A.11, subdivision 2, clause (6).
new text end

new text begin (e) This section does not create any additional liability for, or create any new cause
of legal action against, a school, school district, city, business, or nonprofit organization
or any officer or employee of a school, school district, city, business, or nonprofit
organization.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning September 1, 2011.
new text end

Sec. 2.

new text begin [121A.323] CONCUSSION PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 121A.045,
the following terms have the meanings given them.
new text end

new text begin (b) "Concussion" means a complex pathophysiological process affecting the brain,
induced by traumatic biokinetic forces caused by a direct blow to either the head, face, or
neck, or elsewhere on the body with an impulsive force transmitted to the head that may
involve the rapid onset of short-lived impairment of neurological function and clinical
symptoms, loss of consciousness, or prolonged postconcussive symptoms.
new text end

new text begin (c) "Provider" means a health care provider who is:
new text end

new text begin (1) registered, licensed, certified, or otherwise statutorily authorized by the state to
provide medical treatment; and
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new text begin (2) trained and experienced in evaluating and managing pediatric concussions.
new text end

new text begin (d) "Youth athlete" means a young person through age 18 who actively participates
in an athletic activity, including a sport.
new text end

new text begin (e) "Youth athletic activity" means any athletic activity related to competition,
practice, or training exercises.
new text end

new text begin Subd. 2. new text end

new text begin School-sponsored sports. new text end

new text begin (a) The appropriate sports governing body,
including the high school league under chapter 128C, among other governing bodies,
shall work with the department to make information accessible to public and nonpublic
school coaches, officials, and youth athletes and their parents or guardians about the
nature and risks of concussions, including the effects of continuing to play after receiving
a concussion. The information shall include protocols and content, consistent with current
medical knowledge from the Centers for Disease Control and Prevention, related to:
new text end

new text begin (1) the nature and risks of concussions associated with athletic activity;
new text end

new text begin (2) the signs, symptoms, and behaviors consistent with a concussion;
new text end

new text begin (3) the need to alert appropriate medical professionals for urgent diagnosis and
treatment when a youth athlete is suspected or observed to have received a concussion; and
new text end

new text begin (4) the need for a youth athlete who sustains a concussion to follow proper medical
direction and protocols for treatment and returning to play.
new text end

new text begin (b) Consistent with paragraph (a), the appropriate sports governing body and the
department shall provide access to the Concussion in Youth Sports training program
available on the Centers for Disease Control and Prevention Web site. Each school
coach and official involved in youth athletic activities must complete the online training
program at least annually.
new text end

new text begin (c) Before a youth athlete may participate in a youth athletic activity in a school year,
the youth athlete and the athlete's parent or guardian must sign and submit to a designated
official a concussion information form developed by the department indicating that the
youth athlete has received information about concussions, consistent with this subdivision.
new text end

new text begin (d) A coach or official shall remove a youth athlete from participating in any youth
athletic activity when the youth athlete:
new text end

new text begin (1) exhibits signs, symptoms, or behaviors consistent with a concussion; or
new text end

new text begin (2) is suspected of sustaining a concussion.
new text end

new text begin (e) When a coach or official removes a youth athlete from participating in a youth
athletic activity because of a concussion, the youth athlete may not return to the activity
until the youth athlete:
new text end

new text begin (1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion;
and
new text end

new text begin (2) is evaluated by a provider trained and experienced in evaluating and managing
concussions and the provider gives the youth athlete written permission to return to
play; and
new text end

new text begin (3) if needed, the provider develops a plan to aid the youth athlete in recovering and
resuming participation in youth athletic activities and academics that:
new text end

new text begin (i) is coordinated, as appropriate, with periods of cognitive and physical rest while
symptoms persist; and
new text end

new text begin (ii) reintroduces cognitive and physical demands on the youth athlete on a
progressive basis only as increases in exertion do not cause symptoms to reemerge or
worsen.
new text end

new text begin (f) Failing to remove a youth athlete from an activity as required under this section
does not violate section 604A.11, subdivision 2, clause (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2011-2012 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2010, section 128C.02, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Concussion awareness, safety, and protection. new text end

new text begin The league shall adopt a
policy for making accessible to member high schools information about the nature and
risks of concussions to youth athletes, consistent with current medical knowledge from the
Centers for Disease Control and Prevention and section 121A.323.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2011-2012 school year and
later.
new text end