Legislation

Alaska Stat. §14.30.142-143 (2011 HB 15)

This bill requires the governing body of a school district and the Alaska school activities association to develop and publish guidelines and other information to educate coaches, student athletes and parents of student athletes regarding the nature and risks of concussions. Schools are required to provide a student and the parent or guardian written information on the nature and risks of concussions. This bill also requires that a student who is suspected of having sustained a concussion during a practice or game to be immediately removed from play and may not return to play until the student has been evaluated and cleared for participation in writing by a qualified person who has received training and is currently certified in the evaluation and management of concussions.

Alaska Stat. §18.15.360; 47.07.030; 47.07.046; 47.80.500 (2010 SB 219)

Establishes a traumatic or acquired brain injury program and registry within the Department of Health and Social Services. Also allows for a Medicaid waiver for traumatic brain injury services, upon federal approval. Along with other mandatory services, the program will offer case management services for those with traumatic or acquired brain injury residing in a community setting or those transitioning into a community setting.

Ariz. Rev. Stat. Ann. §15.341.A.24 (2011 Senate Bill 1521)

Amends current law to require school boards to develop and enforce concussion and head injury policies for all pupils participating in school district sponsored practices, games or other interscholastic activities. These guidelines must inform and educate coaches, parents and pupils of the dangers of concussions and head injuries, and requires the immediate removal from athletic activity if a pupil is suspected of sustaining a concussion. The pupil may return to play when evaluated and cleared by a health care provider.

2013 Ark. Acts, Act 1435 (2013 SB 1158)

Creates the Arkansas Concussion Protocol Act; requires the Department of Health to develop concussion protocols to protect youth athletes engaged in youth athletic activities.

Cal. Education Code §49475 (2011 AB 25)

Requires a school district that elects to offer athletic programs to remove from an activity an athlete who is suspected of sustaining a concussion or head injury. Also prohibits the return of the athlete until he or she is evaluated, and receives written clearance from a licensed health care provider. Requires an annual related information sheet to be signed and returned by the athlete and his or her parent or guardian before practice or participation.

Cal. Penal Code §13515.36 (2010 SB 1296)

Requires the Commission on Peace Officer Standards and Training to assess the training needed by peace officers on the topic of returning veterans or other persons suffering from traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD). Among other provisions, the law also requires the commission to distribute a training bulletin via the internet to the specified law enforcement agencies on the topics of TBI and PTSD and to report to the legislature by June 30, 2012 to the extent to which peace officers are receiving adequate training on how to interact with persons suffering from TBI or PTSD.

Cal. Welfare and Institutions Code § 4354; 4354.5; 4355; 4356; 4357;4357.1; 4358.5; 4359; 14132.992 (2009 AB 398)

Removes the State Department of Mental Health as the agency responsible for administering the program of services for persons with traumatic brain injury and establishes the Department of Rehabilitation as the responsible agency. Once secured funding, requires Department of Rehabilitation to fund an array of services for adults 18 years of age and older with acquired traumatic brain injury and requires the department to determine the requirements for service delivery, uniform data collection and other aspects of program administration. Service providers participating in the program must meet and to monitor and evaluate the performance of those service providers.

2011 Colo., Sess. Laws, Chap. 67 (2011 SB 40)

Creates the Jake Snakenberg Youth Concussion Act.  This law requires each coach of a youth athletic interscholastic activity in public and private middle, junior and high schools to compete an annual concussion recognition course. Also requires a student athlete to be removed from game, competition or practice if the athlete has sustained or is suspected of sustaining a concussion. The athlete may not participate in any team activities involving physical exertion until he/she is evaluated and receives written clearance from a health care provider.

2014 Conn. Acts, P.A. 14-66 (Reg. Sess.) (2014 HB 5113)

Amends current law to require the Board of Education and the Commissioner of Public Health to develop:  concussion education plans, informed consent forms, and current best practices for concussion prevention.

2010 Conn. Acts, P.A. 10-62 (Reg. Sess.) (2010 SB 456)

Requires student athletic coaches to complete annual training and review regarding concussions and head injuries. To be reissued a coaching permit, coaches are also required to complete refresher courses once every five years. These training and refresher courses must be approved by the State Board of Education. This law also requires a student athlete to be removed from play or other kinds of physical exertion when showing signs of a concussion, and are not permitted to resume participation without written clearance from a licensed medical professional.

Vol. 78 Del. Laws, Chap. 192 (2011 SB 111)

Requires the Delaware interscholastic athletic association to adopt regulations to address the appropriate recognition and management of student athletes exhibiting signs and symptoms consistent with a concussion during practices, scrimmages and interscholastic contests. This law also requires the signing of an informational sheet by students and their parents or guardians.

2011 D.C. Stat., Chap. 22 (2011 B 7)

Requires an athlete under 18 years old who is suspected of sustaining a concussion in an athletic activity shall be removed from physical participation. Provides that an athlete who has been removed from an athletic activity may not return to physical participation in the athletic activity until he or she has been evaluated by a health-care provider and receives written clearance to return, and establishes a training program.

2012 Fla. Laws, Chap. 167

Requires an independent sanctioning authority for youth athletic teams and the Florida High School Athletic Association to adopt guidelines relating to the nature and risk of concussion and head injury in youth athletes. This law also requires the removal from practice or competition under certain circumstances and written medical clearance to return.

2013 Ga. Laws, p. 25 (2013 HB 284)

Enacts the Return to Play Act and requires public and private schools youth athletic activities and public recreation facilities to provide information to parents on the nature and risk of concussion and head injury and to establish concussion management and return to play policies. Provides for the endorsement of concussion recognition education courses.

2012 Hawaii Sess. Laws Act. 197 (2012 HB 2273)

Requires the department of education and the state high school athletic association to develop a concussion awareness program to provide guidelines for public and private schools.

2012 Idaho Sess. Laws, Chap. 299 (2012 HB 632)

Requires coaches, referees, game officials, game judges and athletic trainers shall review youth concussion guidelines and information upon employment and biannually. Also requires every Idaho middle school, junior high school and high school that participates in or offers an organized athletic league to develop protocol to be followed for removing athletes from play in the event of a concussion. Athletes may not return to play until athlete is evaluated and authorized to return by a qualified health care professional who is trained in the evaluation and management of concussions.

2010 Idaho Sess. Laws, Chap. 294 (2010 HB 676)

Requires sports related concussion and head injury guidelines to be developed by the Department of Education and the Idaho High School Activities Association to inform and educate coaches, parents/guardians, and youth athletes. These guidelines, information, and forms may be used by all organized youth sport organizations and associations that sponsor, promote or otherwise administer youth sport organizations or activities.

2011 Ill. Laws, P.A. 204 (2011 HB 200)

Requires each school board to adopt a policy regarding student athlete concussions and head injuries to be included with any participation agreement. Also requires school districts to use educational materials to educate specified people regarding concussions and authorizes park districts to make available to residents and users of park district facilities educational materials that describe the nature and risk of concussion and head injuries.

2011 Ill. Laws, P.A. 97-0078 (2011 HB 3275)

Amends current law to creates the Veterans Traumatic Brain Injury and Post-Traumatic Stress Disorder Public Service Announcement Fund.

2014 Ind. Acts, P.L. 89 (2014 SB 180)

Requires the state department of health to study and report findings and recommendations to the legislative council concerning implementation of a program for the treatment of veterans who have traumatic brain injury or posttraumatic stress disorder.

2014 Ind. Acts, P.L. 34 (2014 SB 222)

Amends current law to require high school students who were removed from practice or a game because of a suspected concussion or head injury, to return to play no less than 24 hours after the concussion. Also requires coaches to complete a certified coaching education course which includes concussion awareness.

2012 Ind. Acts, P.L. 110 (2012 SB 15)

Requires the department of health and the office of the secretary of family and social services to study how to implement brain injury services and rehabilitation programs. The department and office are required to report the study’s findings to the health finance commission.

2011 Ind. Acts, P.L. 144 (2011 SB 93)

Requires the Department of Education to develop and disseminate guidelines, information sheets and forms to inform and educate coaches, student athletes and parents of the nature and risk of concussions and head injuries. Also requires the removal from practice of a game of a high school student suspected of sustaining a concussion or head injury. The high school student may return to play until they are evaluated and cleared by a licensed health care provider trained in the evaluation and management of concussions and head injuries.

2013 Iowa Acts, Chap. 98 (2013 HF 545)

Allows the Commission of Veterans Affairs to expend moneys on expenses related to screening or treatment for any medical need related to a military service-connected traumatic brain injury for which payment or reimbursement is not otherwise available through any other federal or state program or, if applicable, through a veteran’s private insurance or managed care organization.

2011 Iowa Acts, 32 (2011 SF 367)

Requires the Iowa high school athletic association and the Iowa girls high school athletic union to distribute guidelines and information to coaches, students and parents/guardians about the risks, signs and symptoms of concussions/brain injuries. Also requires a student’s immediate removal from athletic participation upon exhibiting signs, symptoms or behaviors consistent with a concussion. The student may not recommence participation until they have been evaluated and cleared by a licensed health care provider.

2011 Kan. Sess. Laws, Chap. 45 (2011 HB 2182)

Creates the School Sports Head Injury Prevention Act and requires the school activities association to compile information about the nature and risk of concussions and head injuries from sports and other activities. Coaches, parents and athletes will receive information about concussions prior to any student’s participation in athletics. Also requires the immediate removal from play of any athlete that suffers or is suspected of sustaining a concussion during competition or practice. The student may return to competition or practice after being evaluated and receiving written clearance from a health care professional.

2012 Ky. Acts, Chap. 72 (2012 HB 281)

Requires coaches to complete training on recognizing and treating concussions and head injuries. Also requires a medical evaluation before an athlete with a suspected concussion or head injury may return to play.

La. Acts 2011, 314 (2011 SB 189)

Creates the Louisiana Youth Concussion Act which requires youth athlete concussion education requirements for coaches, officials, volunteers, athletes and parents or guardians. Also requires the removal of youth athletes from competition or practice upon sustaining a concussion. A youth athlete suspected of sustaining a concussion or head injury may only return to competition or practice after being evaluated and receiving written clearance from a health care provider for a full or graduated return to play.

2012 Me. Acts, Chap. 688 (2012 SB 654)

Directs the commissioner of education to propose a model policy for public and private schools on the management of concussive and other head injuries in school activities and athletics and specifies requirements for the model policy. This law also requires schools to adopt a policy on the management of head injuries and provides that the commissioner and school officials may share the model policy with statewide and local organizations that sponsor sports and athletics.

2011 Me. Acts, Chap. 293 (2011 HB 887)

Requires the department of health and human services to develop a comprehensive neurorehabilitation service system to assist, educate and rehabilitate persons with an acquired brain injury, which must include care management and coordination, crisis stabilization services, physical therapy, occupational therapy, speech therapy, neuropsychology, neurocognitive retraining, positive neurobehavioral supports and teaching, social skills retraining, counseling, vocational rehabilitation, and independent living skills and supports.

2009 Me. Acts, Chap. 79 (2009 HP 903)

Establishes a working group to make recommendations on the prevention, diagnosis, and treatment of head injuries in student athletes, including baseline and post-concussion testing and diagnosis of student athletes, return to play guidelines, training for school coaches, athletic directors and trainers, delivery of post-concussive management services, and ways to integrate education, training, and diagnostic programs into school athletic programs. This workgroup will include related state organizations and stakeholder groups.

2011 Md. Laws, Chap. 549 (2011 HB 858)

Requires the department of education to develop policies and to implement programs to provide awareness of the risks of concussions/head injuries to coaches, school personnel, students, and parents/guardians. Also requires the removal from play of a student suspected of sustaining a concussion or other head injury in a practice or game. The student may not return to play until evaluated and cleared by a licensed health care provider trained in the evaluation and management of concussions.

2010 Mass. Acts, Chap. 166 (2010 SB 2469)

Requires the department of health to direct the division of violence and injury prevention to develop an interscholastic athletic head injury safety training program in which all public schools and any school subject to the Massachusetts Interscholastic Athletic Association rules shall participate. Participation in the program shall be required annually of coaches, trainers, parent volunteers for any extracurricular athletic activity, physicians and nurses who are employed by a school or school district or who volunteer to assist with an extracurricular athletic activity, school athletic directors, school marching band directors, and a parent or legal guardian of a child who participates in an extracurricular athletic activity. Students’ parents/guardians are also required to complete and sign a form releasing them to participate in an extracurricular activity. Students who become unconscious during practice or competition may not return to practice or competition until receiving a written authorization from a doctor, licensed neuropsychologist, certified athletic trainer, or another appropriately trained licensed health care professional.

2012 Mich. Pub. Acts, Act 342 (2012 SB 1122)

Requires the development of a concussion awareness training program that includes the criteria for the removal of a youth athlete from physical participation in an athletic activity and the risks to an athlete of not reporting a suspected concussion. Also makes the training program available to all individuals required to participate in the program and interested individuals, including school personnel, coaches, parents, students and athletes.

2012 Mich. Pub. Acts, Act 343 (2012 HB 5697)

Requires an organizing entity that sponsors or operates an athletic activity to comply with the training program requirements and provide the educational materials to each participating youth athlete (i.e., an athlete younger than 18 years old) and his or her parent or guardian. Requires a youth athlete to be removed immediately from an athletic activity if he or she is suspected of having a concussion, and require written clearance from an appropriate health professional for the athlete’s return. Requires an organizing entity to maintain a signed statement acknowledging a youth athlete’s receipt of the educational materials, and any required written clearance, and make them available to the DCH upon request.

2011 Minn. Laws, Chap. 90 (2011 SB 612)

Requires an organization that charges a fee for a youth athletic activity to inform all participating coaches, officials, youth athletes and parents of the nature and risks of concussions. Also would require a coach or official to remove a youth athlete from the athletic activity if the youth athlete exhibits signs, symptoms, or behaviors consistent with a concussion or is suspected of sustaining a concussion. The athlete may not return to the activity until they no longer exhibit signs, symptoms, or behaviors consistent with a concussion or are evaluated and cleared by a trained provider. This provider needs to develop a recovery plan for the youth athlete.

2014 House Bill 48

Requires public, charter and private schools that provide youth athletic activities to adopt and implement a concussion management and return to play policy that includes certain components and to provide parents with the concussion policy before the start of the regular school athletic season. Requires the State Department of Health shall endorse a concussion recognition education course to provide public information regarding the nature and risk of concussions in youth athletics.

2010 Miss. Laws, Chap. 476 (2010 SB 3004)

Requires the state department of education to include traumatic brain injury as an intellectual disability that qualifies individuals between the ages of three and 20, for special education and other state services. Among other provisions, this law allows the Department of Rehabilitation Services to match state funds with the Division of Medicaid federal funds for care and rehabilitation for individuals with traumatic brain injury.

Mo. Rev. Stat. §167.765 (2011 HB 300)

Provides for the establishment of the interscholastic youth sports brain injury prevention act; which requires rules to educate coaches, student athletes, and their parents or guardians on the nature and risk of concussion and brain injury. Also requires an athlete to be removed from the field/practice for a minimum period if suspected of sustaining a brain injury.

2013 Mont. Laws, Chap. 260 (2013 SB 112)

Requires each school district to adopt a policy addressing the dangers of concussions and provides minimum requirements for the contents of a district policy. Requires that a youth athlete who exhibits signs, symptoms, or behaviors consistent with a concussion be removed from participation under medical clearance is obtained.

2014 Neb. Laws, L.B. 923

Creates the position of State School Security Director in the State Department of Education and requires schools to establish a return to learn protocol for students who have sustained a concussion.

2011 Neb. Laws, L.B. 260 (2011 LB 260)

Creates the Concussion Awareness Act and requires each school to make available training on concussions and brain injuries to all coaches of school athletic teams. Requires a student suspected of having sustained a concussion or brain injury to be removed from a practice or game and may not return to play until the student has been evaluated and received written clearance from a licensed health care professional.

Neb. Rev. Stat. § 71-8248 (2009 LB 195)

Establishes and maintains the statewide trauma registry, which tracks incidence, severity and causes of trauma, including traumatic brain injury. All hospitals involved in the care of a trauma patient will have unrestricted access to all prehospital reports for the trauma registry for that specific trauma occurrence.

2011 Nev. Stats., Chap. 170 (2011 AB 455)

Requires the Nevada Interscholastic Activities Association and the board of trustees of each school district to adopt policies concerning the prevention and treatment of injuries to the head sustained by students while participating in sports and other athletic activities. This bill also requires school districts and sports organizations that are not governed by the Association to adopt a similar policy. These policies must require the immediate removal of a student from activity or event if the student sustains or is suspected of sustaining a head injury. The student may return to the activity or event after providing a signed medical clearance from a health care provider.

2014 N.H. Laws, Chap. 19 (2014 HB 1113)

Requires school districts to distribute a concussion and head injury information sheet to student-athletes and establishes a definition for head injury.

2014 N.H. Laws, Chap. 135 (2014 SB 298)

Establishes the permanent commission on post-traumatic stress disorder and traumatic brain injury to develop, coordinate, and oversee the recommendations study the effects of service-connected post-traumatic stress disorder and traumatic brain injury suffered in the line of duty by members of the armed forces and veterans.

2013 N.H. Laws, Chap. 19 (2013 HB 180)

Changes the definitions of “student athlete” and “student sports” for purposes of management of head injury and concussion.

2013 N.H. Laws, Chap. 229 (2013 SB 90)

Establishes a committee to study developing a policy for giving preference to veterans in government hiring. Extends the commission on the effects of service-connected post-traumatic stress disorder and traumatic brain injury.

2012 N.H. Laws, Chap. 234 (2012 SB 402)

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.

2011 N.H. Laws, Chap. 84 (2011 SB 102)

Creates a commission to study the effects of service-related post-traumatic stress disorder and traumatic brain injury suffered in the line of duty by members of the armed forces and veterans.

2010 N.H. Laws, Chap. 225 (2010 SB 517)

Establishes a veteran’s legal aid advocacy project to address the legal needs of veterans including those with traumatic brain injury, based on a 2009 committee study.

2014 N.M. Laws, Chap. 36 (2014 HB 58)

Creates the brain injury services fund to institute and maintain a statewide brain injury services program designed to increase the independence of persons with brain injuries.

2010 N.M. Laws, Chap. 96 (2010 SB 1)

Requires that safety protocols for brain injury during school athletic activity be provided to coaches and parents of student athletes and that athletes exhibiting signs of head injury be held out of activity until the student athlete no longer exhibits any associated symptoms and is cleared by a medical professional or one week after the student athlete received the brain injury.

N.Y. Education Law § 305.42 (2011 SB 3953)

Enacts the “concussion management and awareness act” and directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries and requires school personnel to receive training in mild traumatic brain injuries. This law also requires an information pamphlet on mild traumatic brain injuries to be distributed to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury and provides for the establishment of concussion management teams to implement the provisions established in this law.

2011 N.C. Sess. Laws, Chap 147 (2011 HB 792)

Creates the Gfeller-Waller Concussion Awareness Act and requires development of an athletic concussion safety training program for the use of coaches, school nurses, athletic directors, volunteers, student athletes and their parents. Requires students who exhibit signs of concussion to be removed from the activity and not permitted to practice that day or any subsequent day until the student is evaluated by and receives written clearance for such participation from a qualified health professional. Also requires schools to develop related emergency plans and maintain related records.

2009 N.C. Sess. Laws, Chap. 361 (2009 HB 1309)

The commission for mental health, developmental disabilities, and substance abuse services adopts rules for the licensure and accreditation of residential treatment facilities for individuals with traumatic brain injury. The law also makes changes to the North Carolina Traumatic Brain Injury Advisory Council.