HOUSE BILL No. 4260

 

 

February 21, 2017, Introduced by Reps. Neeley, Sneller, Phelps, Schor, Hoadley, Wittenberg, Liberati and Brinks and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156),

 

section 9155 as added by 2012 PA 342 and section 9156 as added by

 

2012 PA 343.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9155. (1) Before the expiration of 90 days after the

 

effective date of this section, June 27, 2017, the department shall

 

develop, adopt, or approve educational materials on the nature and

 

risk of concussions.

 

     (2) Before the expiration of 90 days after the effective date

 

of this section, June 27, 2017, the department shall develop,

 

adopt, or approve a concussion awareness training program in an

 

electronic format that includes all of the following:

 

     (a) The nature and risk of concussions.


     (b) The criteria for the removal of an athlete from physical

 

participation in an athletic activity due to a suspected concussion

 

and his or her return to that athletic activity.

 

     (c) The risks to an athlete of not reporting a suspected

 

concussion and continuing to physically participate in the athletic

 

activity.

 

     (3) As soon as they are available, the department shall make

 

the educational materials and training program required under this

 

section available to the public on the department's internet

 

website. The department shall make the training program available

 

to all individuals required to participate in the program under

 

section 9156 and to any interested individual including school

 

personnel, coaches, parents, students, and athletes. The department

 

shall annually review the training program required under this

 

section and, for purposes of section 9156, make recommendations

 

regarding the frequency of the training program based on changes to

 

the training program that are developed, adopted, or approved by

 

the department.

 

     (4) As used in this section and section 9156:

 

     (a) "Appropriate health professional" means a health

 

professional who is licensed or otherwise authorized to engage in a

 

health profession under article 15 and whose scope of practice

 

within that health profession includes the recognition, treatment,

 

and management of concussions.

 

     (b) "Athletic activity" means a program or event, including

 

practice and competition, during which youth athletes participate

 

or practice to participate in an organized athletic game or


competition against another team, club, entity, or individual.

 

Athletic activity includes participation in physical education

 

classes that are part of a school curriculum.

 

     (c) "Concussion" means a type of traumatic brain injury as

 

recognized by the centers for disease control and prevention.

 

Centers for Disease Control and Prevention. A concussion may cause

 

a change in a person's an individual's mental status at the time of

 

the injury, including, but not limited to, feeling dazed,

 

disoriented, or confused, and may or may not involve a loss of

 

consciousness. A concussion may be caused by any type of accident

 

or injury including, but not limited to, the following:

 

     (i) A fall.

 

     (ii) A blow, bump, or jolt to the head or body.

 

     (iii) The shaking or spinning of the head or body.

 

     (iv) The acceleration and deceleration of the head.

 

     (d) "Institution of higher education" means a degree or

 

certificate granting public or private college or university,

 

junior college, or community college.

 

     (e) (d) "Organizing entity" means any of the following:

 

     (i) A school.

 

     (ii) A state or local parks and recreation department or

 

commission or other state or local entity.

 

     (iii) A nonprofit or for-profit entity.

 

     (iv) A public or private entity.

 

     (f) (e) "School" means a nonpublic school, public school, or

 

public school academy as those terms are defined in section 5 of

 

the revised school code, 1976 PA 451, MCL 380.5.


     (g) (f) "Youth athlete" means an individual who participates

 

in an athletic activity and who is under 18 years of age. Youth

 

athlete does not include an individual who is 17 years of age and

 

enrolled solely in an institution of higher education.

 

     Sec. 9156. (1) An organizing entity that is subject to this

 

section shall ensure that it is in compliance with this section

 

before it sponsors or operates an athletic activity in which youth

 

athletes will participate, if that athletic activity is subject to

 

this section.

 

     (2) Before a youth athlete may participate in an athletic

 

activity sponsored by or operated under the auspices of an

 

organizing entity, the organizing entity shall do all of the

 

following:

 

     (a) Comply with all the requirements of this section with

 

regard to its coaches, employees, volunteers, and other adults who

 

are involved with the participation of youth athletes in athletic

 

activity sponsored by or operated under the auspices of that

 

organizing entity and who are required to participate in the

 

concussion awareness training program developed under section 9155.

 

     (b) Ensure that each coach, employee, volunteer, and other

 

adult who is required to participate in the concussion awareness

 

training program developed under section 9155 completes the

 

training program once every 2 years, unless the department

 

recommends more frequent training.

 

     (c) (b) Provide the educational materials developed under

 

section 9155 to each youth athlete who participates in an athletic

 

activity sponsored by or operated under the auspices of the


organizing entity and a parent or guardian of the youth athlete.

 

     (d) (c) Obtain a statement signed by each youth athlete and a

 

parent or guardian of the youth athlete acknowledging receipt of

 

the educational material developed under section 9155. The

 

organizing entity shall maintain the statement obtained under this

 

subdivision in a permanent file for the duration of that youth

 

athlete's participation in athletic activity sponsored by or

 

operated under the auspices of that organizing entity or until the

 

youth athlete is 18 years of age. Upon request, the organizing

 

entity shall make the statements obtained under this subdivision

 

available to the department.

 

     (3) A coach or other adult employed by, volunteering for, or

 

otherwise acting on behalf of an organizing entity during an

 

athletic event sponsored by or operated under the auspices of the

 

organizing entity shall immediately remove from physical

 

participation in an athletic activity a youth athlete who is

 

suspected of sustaining a concussion during the athletic activity.

 

A youth athlete who has been removed from physical participation in

 

an athletic activity under this subsection shall not return to

 

physical activity until he or she has been evaluated by an

 

appropriate health professional and receives written clearance from

 

that health professional authorizing the youth athlete's return to

 

physical participation in the athletic activity. The organizing

 

entity shall maintain a written clearance obtained under this

 

subsection in a permanent file for the duration of that youth

 

athlete's participation in athletic activity sponsored by or

 

operated under the auspices of that organizing entity or until the


youth athlete is 18 years of age. Upon request, the organizing

 

entity shall make the written clearance obtained under this

 

subsection available to the department.

 

     (4) This section does not apply to an athletic activity

 

sponsored by or operated under the auspices of an organizing entity

 

if all of the following requirements are met:

 

     (a) The entity is a member of a private nonprofit multisport

 

statewide interscholastic athletic association.

 

     (b) The athletic activity is governed by a rule established by

 

the interscholastic athletic association described in subdivision

 

(a), which rule establishes concussion protocols that are

 

substantially similar to or more stringent than the concussion

 

protocols in the training program developed, adopted, or approved

 

under section 9155 and the removal from and return to physical

 

activity requirements of this section, and includes an enforcement

 

mechanism on its members.

 

     (5) This section does not apply to an entity that would

 

otherwise be considered an organizing entity under this section if

 

the primary focus of the program or event sponsored by or operated

 

under the auspices of that entity is not the participation in an

 

organized athletic game or competition but that participation is

 

only incidental to the primary focus of the program or event.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.