HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 193

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONCUSSION PROTECTION IN YOUTH ATHLETIC ACTIVITES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 30L, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 30L.

§ 3003L. Definitions.

For purposes of this chapter:

(6) “Health-care provider” means a licensed physician (Doctor of Medicine or Doctor of Osteopathic Medicine) or such other licensed health-care professional who is trained and experienced in the evaluation, management, and care of concussions as may be designated by the Division, in consultation with the Council, through regulation.

§ 3005L. Materials development and distribution.

(a) Before an athlete may participate in an athletic activity, the organizing entity shall provide a concussion information sheet published by the Council to the athlete and the parent or guardian of the athlete. The athlete and the parent or guardian of the athlete shall sign a statement acknowledging receipt of the information sheet and return it to the organizing entity before the athlete shall be allowed to participate in the athletic activity. For recurrent or on-going athletic activity, the provision of the information sheet and return of the signed acknowledgment shall be completed annually.

(b) The Council shall create and maintain a concussion management section on its website to provide the guidelines necessary for each organization with non-scholastic youth athletic activity to develop their own policies and procedures pertaining to, but not limited to, the creation and production of all of the following:

(1) A concussion information sheet for coaches, officials, athletes, and athletes’ parents or guardians advising of the signs and symptoms of concussion and explaining the risk of continuing to practice or compete in athletic events or activities after sustaining a concussion.

(2) Guidelines for coaches and officials pertaining to athletes who are returning to the classroom after sustaining a concussion (“Return to Learn Guidelines”).

(3) Guidelines for coaches and officials pertaining to athletes returning to practice, play, or competition after a concussion (“Graduated Stepwise Return to Athletic Participation Guidelines”).

(4) Links to one or more additional free online concussion training programs as provided by the National Federation of State High School Associations (NFHS), the Centers for Disease Control and Prevention (CDC), or a comparable program or resource.

(c) The Council, in collaboration with the Division, shall on a biennial basis review the guidelines set forth in paragraph (b) of this section and update the guidelines accordingly.

§ 3006L. Coach and official training.

(a) Each on-site official and coach responsible for selection of participants for an athletic activity shall complete initial and periodic concussion training consistent with a schedule and content standards published by the Council. The schedule and content standards shall not exceed any coach or official concussion training requirements adopted by the Delaware Interscholastic Athletic Association and shall include the opportunity to complete verifiable training online.

(b) Every non-scholastic youth athletic activity organization or association created for, engaged in, or otherwise expressly permitting a significant concussion risk activity shall develop policies and procedures pursuant to §3005L(a)-(c) of this section to inform and educate their respective coaches, officials, athletes, and athletes’ parents or guardians of the nature and risks of concussion, including the risks of continuing to play, compete, or practice after incurring a concussion.

§ 3007L. Regulations.

The Division, in consultation with the Council and other stakeholders, may promulgate regulations to implement § 3003L(6) and (8) of this title. the provisions of this chapter.

SYNOPSIS

In 2016, the General Assembly passed HB 404, the Concussion Protection in Youth Athletic Activities Act (CPYAAA). This Act clarifies the requirements of CPYAAA and enables the Division of Public Health, in consultation with the State Council for Persons with Disabilities, to promulgate regulations to broadly implement the Act. This Amendment adds the requirement for non-scholastic athletic activity organizations to develop policies and procedures for advising athletes, coaches, officials, parents, and guardians of the signs and symptoms of concussion and explaining the risk of continuing to practice or compete in athletic events or activities after sustaining a concussion, as well as providing information about returning to academic and athletic events or activities after sustaining a concussion.