HF 2442 (LSB 5331HV (4) 87)

HOUSE FILE 2442

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 2006)

A BILL FOR

An Act providing for brain injury policies for certain extracurricular interscholastic activities, and including applicability provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 280.13C, Code 2018, is amended by striking the section and inserting in lieu thereof the following:
   280.13C  Concussion and brain injury policies.
   1.  Legislative findings.  The general assembly finds and declares all of the following:
   a.  Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
   b.  Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions can occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
   c.  Continuing to play with a concussion or symptoms of a brain injury leaves a young athlete especially vulnerable to greater injury and even death. The general assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play or expected to learn at full capability, resulting in prolonged symptoms, actual or potential physical injury, or death to youth athletes in this state.
   d.  A concussion can impair not only the physical abilities of a student athlete, but can also affect how a student athlete thinks, acts, feels, and learns. A student athlete who has sustained a concussion may need informal or formal adjustments, accommodations, modifications of curriculum, and monitoring by medical or educational staff until the student is fully recovered. To that end, the department of public health, in coordination with the Iowa high school athletic association and the Iowa girls high school athletic union, shall establish and disseminate to all schools in this state a return-to-learn protocol that is based on peer-reviewed scientific evidence consistent with federal guidelines. Furthermore, all schools in this state shall adopt such protocols.
   2.  Definitions.  For the purposes of this section:
   a.  “Contest” means an interscholastic athletic game or competition.
   b.  “Contest official” means a referee, umpire, judge, or other official in an athletic contest.
   c.  “Extracurricular interscholastic activity” means any extracurricular interscholastic activity, contest, or practice, including sports, dance, or cheerleading.
   d.  “Licensed health care provider” means a physician, physician assistant, chiropractor, advanced registered nurse practitioner, nurse, physical therapist, or athletic trainer licensed by a board designated under section 147.13.
   3.  Training.
   a.  The department of public health, Iowa high school athletic association, and the Iowa girls high school athletic union shall work together to develop training materials and courses regarding concussions and brain injuries, including training regarding evaluation, prevention, symptoms, risks, and long-term effects of concussions and brain injuries. Each coach or contest official shall complete such training at least every two years.
   b.  Individuals required to complete training pursuant to this subsection shall submit proof of such completion to the board of directors of the school district or the authorities in charge of the accredited nonpublic school within thirty days of such completion.
   4.  Guidelines and information sheet.
   a.  The department of public health, Iowa high school athletic association, and the Iowa girls high school athletic union shall work together to distribute the centers for disease control and prevention guidelines and other pertinent information to inform and educate coaches, students, and the parents and guardians of students of the risks, signs, symptoms, and behaviors consistent with a concussion or brain injury, including the danger of continuing to participate in extracurricular interscholastic activities after suffering a concussion or brain injury and their responsibility to report such signs, symptoms, and behaviors if they occur.
   b.  Annually, each school district and nonpublic school shall provide to the parent or guardian of each student a concussion and brain injury information sheet, as provided by the department of public health, the Iowa high school athletic association, and the Iowa girls high school athletic union. The student and the student’s parent or guardian shall sign and return a copy of the concussion and brain injury information sheet to the student’s school prior to the student’s participation in any extracurricular interscholastic activity.
   5.  Removal from participation.
   a.  If a student’s coach, contest official, or licensed health care provider observes signs, symptoms, or behaviors consistent with a concussion or brain injury in an extracurricular interscholastic activity, the student shall be immediately removed from participation.
   b.  A student who has been removed from participation shall not recommence such participation until the student has been evaluated by a licensed health care provider trained in the evaluation and management of concussions and other brain injuries and the student has received written clearance to return to participation from the licensed health care provider.
   6.  Return-to-play and return-to-learn protocols.  The department of public health, the department of education, the Iowa high school athletic association, and the Iowa girls high school athletic union shall work together to develop a return-to-play protocol and a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with the guidelines of the centers for disease control and prevention of the United States department of health and human services, for a student’s return to participation in an extracurricular interscholastic activity and in the classroom after showing signs, symptoms, or behaviors consistent with a concussion or brain injury. The board of directors of each school district and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades seven through twelve shall adopt such protocols. 
   7.  Protective gear.  For school budget years beginning on or after July 1, 2018, the board of directors of each school district and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades seven through twelve shall provide students participating in such contests with any protective gear, including but not limited to helmets and pads required for the activity by law, by the rules for such contests, or by Iowa high school athletic association or Iowa girls high school athletic union guidelines. However, an individual student is responsible for other protective gear that the individual student needs but that is not required for participation in the contest as provided in this subsection.
   8.  Liability.
   a.  A school district or accredited nonpublic school that fully implements the protocols required by this section and provides a licensed health care provider at an extracurricular interscholastic activity shall not be liable for any claim for injuries or damages based upon the actions or inactions of the licensed health care provider present at the extracurricular interscholastic activity at the request of the school district or accredited nonpublic school so long as the licensed health care provider acts reasonably and in good faith and in the best interest of the student athlete and without undue influence of the school district or accredited nonpublic school or coaching staff employed by the school district or accredited nonpublic school.
   b.  A licensed health care provider providing care without compensation for a school district or accredited nonpublic school under this section shall not be liable for any claim for injuries or damages arising out of such care so long as the licensed health care provider acts reasonably and in good faith and in the best interest of the student athlete and without undue influence of the school district or accredited nonpublic school or coaching staff employed by the school district or accredited nonpublic school.
   9.  Recommendations.  The advisory council on brain injuries established pursuant to section 135.22A shall make recommendations to the governor on the prevention, diagnosis, and treatment of brain injuries in student athletes, including baseline and post-concussion testing and diagnosis of student athletes, return-to-play and return-to-learn guidelines, training for school educators, coaches, athletic directors, and athletic trainers, delivery of post-concussive management services, and ways to integrate education, training, and diagnostic programs into school programs.
    Sec. 2.  APPLICABILITY.  A person required to complete training pursuant to section 280.13C, subsection 3, as enacted by this Act, has until July 1, 2019, to initially complete such training.
    Sec. 3.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this division of this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill strikes current Code section 280.13C relating to concussion and brain injury policies and creates new Code section 280.13C relating to the same subject.
   The bill requires the department of public health, the Iowa high school athletic association (IHSAA), and the Iowa girls high school athletic union (IGHSAU) to work together to develop training materials and courses regarding concussions and brain injuries. The bill requires each coach or contest official to complete such training at least every two years. The bill requires individuals required to complete training to submit proof of such completion to the school board or authorities in charge of the accredited nonpublic school within 30 days of such completion. The bill provides that a person required to complete such training has until July 1, 2019, to initially complete the training.
   The bill requires the department of public health, the IHSAA, and the IGHSAU to work together to distribute the centers for disease control and prevention guidelines and other pertinent information to inform and educate coaches, students, and the parents and guardians of students of the risks, signs, symptoms, and behaviors consistent with a concussion or brain injury. The bill requires each school district and nonpublic school to annually provide to the parent or guardian of each student a concussion and brain injury information sheet, as provided by the department of public health, the IHSAA, and the IGHSAU. The bill requires the student and the student’s parent or guardian to sign and return the information sheet to the student’s school prior to the student’s participation in any extracurricular interscholastic activity.
   The bill requires that a student be immediately removed from participation in an extracurricular interscholastic activity if the student’s coach, contest official, or licensed health care provider observes signs, symptoms, or behaviors consistent with a concussion or brain injury. The bill prohibits a student who has been removed from participation from recommencing such participation until the student has been evaluated by a licensed health care provider trained in the evaluation and management of concussions and other brain injuries and the student has received written clearance to return to participation from the licensed health care provider.
   The bill requires the department of public health, the department of education, the IHSAA, and the IGHSAU to work together to develop a return-to-play protocol and a return-to-learn protocol for a student’s return to participation in an extracurricular interscholastic activity and in the classroom after showing signs, symptoms, or behaviors consistent with a concussion or brain injury. The bill requires the school board and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades 7 through 12 to adopt such protocols.
   The bill requires the school board and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades 7 through 12, for school budget years beginning July 1, 2018, to provide students participating in such contests with any protective gear required for the activity by law, by the rules for such contests, or by IHSAA or IGHSAU guidelines. The bill provides that an individual student is responsible for other protective gear that the individual student needs but that is not required for participation in the contest as provided in the bill.
   The bill provides that a school district or nonpublic school that fully implements the protocols required by the bill and provides a licensed health care provider at an extracurricular interscholastic activity shall not be liable for any claim for injuries or damages based upon the actions or inactions of the licensed health care provider present at the extracurricular interscholastic activity at the request of the school district or nonpublic school so long as the licensed health care provider acts reasonably and in good faith and in the best interest of the student athlete and without undue influence of the school district or accredited nonpublic school or coaching staff employed by the school district or accredited nonpublic school.
   The bill provides that a licensed health care provider providing care without compensation for a school district or accredited nonpublic school under the bill shall not be liable for any claim for injuries or damages arising out of such care so long as the licensed health care provider acts reasonably and in good faith and in the best interest of the student athlete and without undue influence of the school district or accredited nonpublic school or coaching staff employed by the school district or accredited nonpublic school.
   The bill requires the advisory council on brain injuries to make certain recommendations to the governor on the prevention, diagnosis, and treatment of brain injuries in student athletes.
   The bill provides legislative findings.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.