Connecticut Seal

General Assembly

 

Raised Bill No. 5141

February Session, 2016

 

LCO No. 490

 

*_____HB05141KID___022616____*

Referred to Committee on COMMITTEE ON CHILDREN

 

Introduced by:

 

(KID)

 

AN ACT CONCERNING CONCUSSIONS AND YOUTH ATHLETIC ACTIVITIES CONDUCTED ON PUBLIC ATHLETIC FIELDS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 21a-432 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) For purposes of this section:

(1) "Youth athletic activity" means an organized athletic activity involving participants of not less than [seven] five years of age and not more than nineteen years of age, who (A) (i) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic the purpose of which is to train, instruct or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or attend such camp or clinic is sponsored by a municipality, business or nonprofit organization. "Youth athletic activity" does not include any college or university athletic activity, or an athletic activity that is incidental to a nonathletic program or lesson; [and]

(2) "Operator" means any municipality, business or nonprofit organization that conducts, coordinates, organizes or otherwise oversees any youth athletic activity but shall not include any municipality, business or nonprofit organization solely providing access to, or use of, any field, court or other recreational area, whether for compensation or not; [.] and

(3) "Public athletic field" means any state-operated or municipally-operated field or open space used for sporting or sporting-related activities.

(b) Not later than January 1, 2016, and annually thereafter, each operator of a youth athletic activity shall make available a written or electronic statement regarding concussions to each youth athlete and a parent or legal guardian of each youth athlete participating in the youth athletic activity. Such written or electronic statement shall be made available upon registration of each youth athlete and shall be consistent with the most recent information provided by the National Centers for Disease Control and Prevention regarding concussions. Such written or electronic statement shall include educational content addressing, at a minimum: (1) The recognition of signs or symptoms of a concussion, (2) the means of obtaining proper medical treatment for a person suspected of sustaining a concussion, (3) the nature and risks of concussions, including the danger of continuing to engage in youth athletic activity after sustaining a concussion, and (4) the proper procedures for allowing a youth athlete who has sustained a concussion to return to athletic activity.

(c) On and after January 1, 2017, no operator shall conduct any youth athletic activity on a public athletic field unless (1) within the previous twenty-four months, each coach of such youth athletic activity has completed (A) a training course regarding concussions developed or approved pursuant to subdivision (1) of subsection (b) of section 10-149b, as amended by this act, or (B) a refresher course regarding concussions, developed or approved pursuant to subdivision (3) of subsection (b) of section 10-149b, as amended by this act; (2) a parent or legal guardian of each child participating in such youth athletic activity (A) has read written materials, (B) viewed online training or videos, or (C) attended in-person training regarding the concussion education plan developed or approved pursuant to subsection (c) of section 10-149b, as amended by this act; and (3) such operator has (A) distributed to a parent or legal guardian of each child participating in such youth athletic activity an informed consent form that is substantially similar to the informed consent form developed or approved pursuant to subsection (e) of section 10-149b, as amended by this act, and (B) obtained such parent's or legal guardian's signature, attesting to the fact that such parent or legal guardian (i) has received a copy of such informed consent form, and (ii) authorizes the child to participate in the youth athletic activity.

[(c)] (d) No operator, or designee of such operator, nor the state or any municipality operating a public athletic field, shall be subject to civil liability for failing to (1) make available the written or electronic statement regarding concussions pursuant to subsection (b) of this section, or (2) distribute or obtain the informed consent form pursuant to subdivision (3) of subsection (c) of this section.

Sec. 2. Section 10-149b of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) (1) For the school year commencing July 1, 2010, and each school year thereafter, any person who holds or is issued a coaching permit by the State Board of Education and is a coach of intramural or interscholastic athletics shall complete an initial training course regarding concussions, developed or approved pursuant to subdivision (1) of subsection (b) of this section, prior to commencing the coaching assignment for the season of such school athletics.

(2) For the school year commencing July 1, 2014, and each school year thereafter, any coach who has completed the initial training course described in subdivision (1) of this subsection shall annually review current and relevant information regarding concussions, prepared or approved pursuant to subdivision (2) of subsection (b) of this section, prior to commencing the coaching assignment for the season of such school athletics. Such annual review shall not be required in any year when such coach is required to complete the refresher course, pursuant to subdivision (3) of this subsection, for reissuance of his or her coaching permit.

(3) For the school year commencing July 1, 2015, and each school year thereafter, a coach shall complete a refresher course, developed or approved pursuant to subdivision (3) of subsection (b) of this section, not later than [five] two years after completion of the initial training course, as a condition of the reissuance of a coaching permit to such coach. Such coach shall thereafter retake such refresher course at least once every [five] two years as a condition of the reissuance of a coaching permit to such coach.

(b) (1) The State Board of Education, in consultation with (A) the Commissioner of Public Health, (B) the governing authority for intramural and interscholastic athletics, (C) an appropriate organization representing licensed athletic trainers, and (D) an organization representing county medical associations, shall develop or approve a training course regarding concussions. Such training course shall include, but not be limited to, information regarding (i) the recognition of the symptoms of a concussion, (ii) the means of obtaining proper medical treatment for a person suspected of having a concussion, and (iii) the nature and risk of concussions, including the danger of continuing to engage in athletic activity after sustaining a concussion and the proper method of allowing a student athlete who has sustained a concussion to return to athletic activity.

(2) On or before October 1, 2014, and annually thereafter, the State Board of Education, in consultation with the Commissioner of Public Health and the organizations described in subparagraphs (B) to (D), inclusive, of subdivision (1) of this subsection, shall develop or approve annual review materials regarding current and relevant information about concussions.

(3) The State Board of Education, in consultation with the Commissioner of Public Health and the organizations described in subparagraphs (B) to (D), inclusive, of subdivision (1) of this subsection, shall develop or approve a refresher course regarding concussions. Such refresher course shall include, but not be limited to, (A) an overview of key recognition and safety practices, (B) an update on medical developments and current best practices in the field of concussion research, prevention and treatment, (C) an update on new relevant federal, state and local laws and regulations, and (D) for football coaches, current best practices regarding coaching the sport of football, including, but not limited to, frequency of games and full contact practices and scrimmages as identified by the governing authority for intramural and interscholastic athletics.

(c) On or before January 1, 2015, the State Board of Education, in consultation with the Commissioner of Public Health and the organizations described in subparagraphs (B) to (D), inclusive, of subdivision (1) of subsection (b) of this section, shall develop or approve a concussion education plan for use by local and regional boards of education and operators of youth athletic activities, as defined in section 21a-432, as amended by this act. Each local and regional board of education shall implement such plan by utilizing written materials, online training or videos or in-person training that shall address, at a minimum: (1) The recognition of signs or symptoms of concussion, (2) the means of obtaining proper medical treatment for a person suspected of sustaining a concussion, (3) the nature and risks of concussions, including the danger of continuing to engage in athletic activity after sustaining a concussion, (4) the proper procedures for allowing a student athlete who has sustained a concussion to return to athletic activity, and (5) current best practices in the prevention and treatment of a concussion.

(d) For the school year commencing July 1, 2015, and each school year thereafter, each local and regional board of education shall prohibit a student athlete from participating in any intramural or interscholastic athletic activity unless the student athlete, and a parent or guardian of such student athlete, (1) reads written materials, (2) views online training or videos, or (3) attends in-person training regarding the concussion education plan developed or approved pursuant to subsection (c) of this section.

(e) (1) On or before July 1, 2015, the State Board of Education, in consultation with the Commissioner of Public Health and the organizations described in subparagraphs (B) to (D), inclusive, of subdivision (1) of subsection (b) of this section, shall develop or approve an informed consent form to distribute to the parents and legal guardians of student athletes involved in intramural or interscholastic athletic activities regarding concussions. Such informed consent form shall include, at a minimum, (A) a summary of the concussion education plan developed or approved pursuant to subsection (c) of this section, and (B) a summary of the applicable local or regional board of education's policies regarding concussions.

(2) For the school year commencing July 1, 2015, and each school year thereafter, each school shall provide each participating student athlete's parent or legal guardian with a copy of the informed consent form developed or approved pursuant to subdivision (1) of this subsection and obtain such parent's or legal guardian's signature, attesting to the fact that such parent or legal guardian has received a copy of such form and authorizes the student athlete to participate in the athletic activity.

(f) The State Board of Education may revoke the coaching permit, in accordance with the provisions of subsection (i) of section 10-145b, of any coach found to be in violation of this section.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

21a-432

Sec. 2

October 1, 2016

10-149b

KID

Joint Favorable