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SF 4003

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 09:24am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; requiring concussion and sudden cardiac arrest information
and training for student athletes; amending Minnesota Statutes 2018, sections
121A.37; 121A.38; 128C.02, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 121A.37, is amended to read:


121A.37 YOUTH SPORTS PROGRAMS.

new text begin Subdivision 1. new text end

new text begin Providing accessible information. new text end

deleted text begin(a)deleted text end Consistent with section 121A.38,
any municipality, business, or nonprofit organization that organizes a youth athletic activity
for which an activity fee is charged deleted text beginshall:
deleted text end

deleted text begin (1)deleted text endnew text begin mustnew text end make information accessible to all participating coaches, officials, and youth
athletes and their parents or guardians about the nature and risks of concussionsdeleted text begin, includingdeleted text end
new text begin and sudden cardiac arrest.
new text end

new text begin Subd. 2. new text end

new text begin Concussion information and training. new text end

new text begin(a) Concussion information must
include
new text endthe 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:

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

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

deleted text begin (iii)deleted text endnew text begin (3)new text end 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

deleted text begin (iv)deleted text endnew text begin (4)new text end the need for a youth athlete who sustains a concussion to follow proper medical
direction and protocols for treatment and returning to playdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2)deleted text endnew text begin (b) A municipality, business, or nonprofit organization that organizes a youth athletic
activity for which a fee is charged must
new text end require all participating coaches and officials to
receive initial online training and online training at least once every three calendar years
thereafter, consistent with deleted text beginclause (1)deleted text endnew text begin paragraph (a)new text end and the Concussion in Youth Sports
online training program available on the Centers for Disease Control and Prevention website.

new text begin Subd. 3. new text end

new text begin Sudden cardiac arrest information and training. new text end

new text begin (a) The commissioner of
health, in consultation with the commissioner of education, must identify and post to its
website, information on the nature and warning signs of sudden cardiac arrest for youth
athletes. The information may link to third party online training and must include the rules
associated with continuing to play or practice after experiencing symptoms associated with
sudden cardiac arrest, including fainting or seizures during exercise, unexplained shortness
of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. In developing the
materials required under this paragraph, the commissioner of health may utilize, at no cost
to the state, an educational video created by Simon's Fund for the purpose of educating
coaches about sudden cardiac arrest.
new text end

new text begin (b) A municipality, business, or nonprofit organization that organizes a youth athletic
activity for which a fee is charged must require all participating coaches and officials to
complete initial online training upon starting coaching or officiating and subsequent online
training at least once every three calendar years thereafter consistent with the information
in paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Removal from participation. new text end

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

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

(2) is suspected of sustaining a concussiondeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) passes out or faints while participating in or immediately after participating in the
athletic activity in a manner that the coach or official believes may be symptomatic of
sudden cardiac arrest.
new text end

new text begin (b) A coach or official who observes a youth athlete exhibiting any of the symptoms in
subdivision 3, paragraph (a), or other symptoms of cardiac arrest must notify the parent or
guardian of the student so that the parent or guardian can determine what, if any, treatment
to seek for the student.
new text end

new text begin Subd. 5. new text end

new text begin Return to activities; concussion. new text end

deleted text begin(c)deleted text end 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 again participate in the activity until the youth athlete:

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

(2) is evaluated by a provider trained and experienced in evaluating and managing
concussions and the provider gives the youth athlete written permission to again participate
in the activity.

new text begin Subd. 6. new text end

new text begin Return to activities; potential sudden cardiac arrest event. new text end

new text begin When a coach
or official removes a youth athlete who has passed out or fainted from participating in a
youth athletic activity, the youth athlete may not again participate in the activity until a
provider trained and experienced in evaluating sudden cardiac arrest gives the youth athlete
written permission to again participate in the activity.
new text end

new text begin Subd. 7. new text end

new text begin Immunity from liability. new text end

deleted text begin(d)deleted text end Failing to remove a youth athlete from an activity
under this section does not violate section 604A.11, subdivision 2, clause (6), consistent
with paragraph (e).

new text begin Subd. 8. new text end

new text begin New liability; new legal cause of action. new text end

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

deleted text begin (f) For the purposes of this section, a municipality means a home rule charter city, a
statutory city, or a town.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 121A.38, is amended to read:


121A.38 new text beginSCHOOL-SPONSORED SPORTS; new text endCONCUSSION new text beginAND SUDDEN
CARDIAC EVENT
new text endPROCEDURES.

Subdivision 1.

Definitions.

(a) For purposes of this section and section 121A.37, the
following terms have the meanings given them.

(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.

(c) "Provider" means a health care provider who is:

(1) registered, licensed, certified, or otherwise statutorily authorized by the state to
provide medical treatment;

(2)new text begin(i) in the case of concussions,new text end trained and experienced in evaluating and managing
pediatric concussionsnew text begin, and (ii) in the case of a potential sudden cardiac arrest event, trained
and experienced in evaluating the nature and warning signs of sudden cardiac arrest
new text end; and

(3) practicing within the person's medical training and scope of practice.

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

(e) "Youth athletic activity" means any sport or other athletic activity related to
competition, practice, or training exercises which is intended for youth athletes and at which
a coach or official is present in an official capacity as a coach or official. For purposes of
school-sponsored sports under this section, youth athletic activities are extracurricular
athletic activities.

new text begin (f) "Municipality" means a home rule charter city, a statutory city, or a town.
new text end

Subd. 2.

deleted text beginSchool-sponsored sportsdeleted text endnew text begin Concussion information and trainingnew text end.

(a) The
appropriate sports governing body, including the high school league under chapter 128C,
among other sports governing bodies, shall work with public and nonpublic school coaches,
officials, and youth athletes and their parents or guardians to make information available
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:

(1) the nature and risks of concussions associated with athletic activity;

(2) the signs, symptoms, and behaviors consistent with a concussion;

(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

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

A sports governing body that posts or provides appropriate links to the information
indicated in this paragraph has complied with the requirements of this paragraph.

(b) Consistent with paragraph (a), the appropriate sports governing body shall provide
access to the Concussion in Youth Sports online training program available on the Centers
for Disease Control and Prevention website. Each school coach and official involved in
youth athletic activities must receive initial online training and online training at least once
every three school years thereafter.

(c) At the start of each school year, school officials shall make information available
about the nature and risks of concussions to youth athletes and their parents or guardians.
If a parent of a youth athlete must sign a consent form to allow the youth athlete to participate
in a school-sponsored athletic activity, the form must include information about the nature
and risk of concussions.

new text begin Subd. 3. new text end

new text begin Sudden cardiac arrest information and training. new text end

new text begin (a) The appropriate sports
governing body, including the high school league under chapter 128C, among other sports
governing bodies, must work with public and nonpublic school coaches, officials, and youth
athletes and their parents or guardians to make information available about sudden cardiac
arrest. The appropriate sports governing body may provide links to the sudden cardiac arrest
information and training placed on the Department of Health's website or by third parties,
including the National Federation of State High School Associations.
new text end

new text begin (b) Each school coach and official involved in youth athletic activities must complete
initial online training upon starting coaching or officiating and subsequent online training
at least once every three years thereafter. Consistent with paragraph (a), the appropriate
sports governing body must establish minimum penalties for a coach or school official who
does not complete the required training.
new text end

new text begin (c) At the start of each school year, school officials must make information available
about the nature and warning signs of sudden cardiac arrest to youth athletes and their
parents or guardians. If a parent or guardian of a youth athlete must sign a consent form to
allow the youth athlete to participate in a school-sponsored athletic activity, the form must
include information about the nature of sudden cardiac arrest.
new text end

new text begin Subd. 4. new text end

new text begin Removal from participation. new text end

deleted text begin(d)deleted text end A coach or official deleted text beginshalldeleted text endnew text begin mustnew text end remove a youth
athlete from participating in any youth athletic activity when the youth athlete:

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

(2) is suspected of sustaining a concussiondeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) passes out or faints while participating in or immediately after participating in the
athletic activity in a manner that the coach or official believes may be symptomatic of
sudden cardiac arrest.
new text end

new text begin Subd. 5. new text end

new text begin Return to activities; concussion. new text end

deleted text begin(e)deleted text end 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:

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

(2) is evaluated by a provider trained and experienced in evaluating and managing
concussions and the provider gives the youth athlete written permission to again participate
in the activity.

new text begin Subd. 6. new text end

new text begin Return to activities; potential cardiac event. new text end

new text begin When a coach or official removes
a youth athlete who has passed out or fainted from participating in a youth athletic activity,
the youth athlete may not again participate in the activity until a provider trained and
experienced in evaluating sudden cardiac arrest gives the youth athlete written permission
to again participate in the activity.
new text end

new text begin Subd. 7. new text end

new text begin Immunity from liability. new text end

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

new text begin Subd. 8. new text end

new text begin New liability; new cause of legal action. new text end

deleted text begin(g)deleted text end This section does not create any
additional liability for, or create any new cause of legal action against, a school or school
district or any officer, employee, or volunteer of a school or school district.

Sec. 3.

Minnesota Statutes 2018, section 128C.02, is amended by adding a subdivision to
read:


new text begin Subd. 3c. new text end

new text begin Sudden cardiac events; awareness, safety, and protection. new text end

new text begin The league may
adopt a sudden cardiac arrest awareness, safety, and protection policy that exceeds the
requirements of section 121A.38.
new text end