SPONSOR: |
Rep. Heffernan & Rep. Bolden & Rep. Briggs
King & Rep. Keeley & Sen. Hall-Long Sens. Bonini
Lopez |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 404 |
AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO CONCUSSION PROTECTION IN YOUTH ATHLETIC ACTIVITIES. |
Section 1. Amend Title 16. Part II of the Delaware Code by
making deletions as shown by strike through and insertions as shown by
underline as follows:
Chapter 30J. CONCUSSION PROTECTION IN YOUTH ATHLETIC
ACTIVITIES ACT
§3001J. Short title.
This
act shall be known and may be cited as the “Concussion Protection in Youth
Athletic Activities Act”.
§3002J.
Purpose.
The
purpose of this chapter is to protect minors participating in athletic
activities who manifest symptoms of concussion, increase recognition of the
symptoms of concussion through training and education, and establish standards
for return to play.
§3003J
Definitions.
For
purposes of this chapter:
(a)
“Athlete” means a person who engages in athletic activity who is less than 18
years of age.
(b)
“Athletic activity” means participation of an athlete in an athletic program or
event with on-site coach oversight occurring in the State , including practice
or competition, which is:
(1) organized or primarily sponsored by a public,
for-profit, or non-profit organization, including a club, league, or
association;
(2) a significant concussion risk activity;
(3) not regulated by the Delaware Interscholastic
Athletic Association pursuant to Chapter 3 of Title 14 of the Delaware Code;
(4) not part of a school-sponsored field day,
supervised recess, gym or physical education class; and
(5) not part of a college or university-sponsored
program or event involving its students.
(c)
“Concussion” means a traumatic injury to the brain causing a change in a
person’s mental status at the time of injury, such as feeling dazed,
disoriented, or confused, which may or may not involve a loss of consciousness,
resulting from:
(1) a fall;
(2) a blow or jolt to the head or body;
(3) the shaking or spinning of the head or body; or
(4) the acceleration or deceleration of the head.
(4) “Council” means the State Council for Persons
with Disabilities.
(d)
“Division” means the Division of Public Health.
(e)
“Health care provider” means a licensed physician (Doctor of Medicine or Doctor
of Osteopathic Medicine) or such other licensed healthcare professional as may
be designated by the Division, in consultation with the Council, through regulation.
(f)
“Significant concussion risk activity” means
football, rugby, soccer, basketball, lacrosse, field hockey, ice hockey, wrestling, volleyball, martial
arts, combative sports, gymnastics, baseball, softball, cheerleading, and such
other athletic activities as may be identified by the Division through
regulation developed in consultation with the Council as statistically
correlated with a significant risk of concussion.
§3004J
Concussion protection.
(a)
An athlete who is suspected of sustaining a concussion in an athletic activity
shall be immediately removed from physical participation in the athletic
activity and shall not return to that athletic activity on the same day.
(b)
An athlete who has been removed from an athletic activity may not return to
physical participation in an athletic activity until evaluated by a health care
provider and the athlete receives written clearance to return to physical
participation in an athletic activity from the evaluating health care provider.
(c)
The coach responsible for an athlete’s removal shall ensure that prompt notice
is provided to the athlete’s parent or guardian of both the removal and medical
clearance requirement.
§3005J
Materials development and distribution.
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.
§3006J
Coach training.
Each
on-site 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 concussion training requirements adopted by the Delaware
Interscholastic Athletic Association and shall include the opportunity to
complete verifiable training online.
§3007J
Regulations.
The
Division, in consultation with the Council and other stakeholders, may
promulgate regulations to implement §§ 3003J(6) and (7) of this chapter.
§3008J Exclusion of application of chapter.
The
requirements of §§3005J and 3006J of the chapter shall not apply to coaches,
athletes, parents and guardians of visiting teams or groups of participants
from outside the State.
§3009J
Annual report.
The
Council may include in its annual report information concerning implementation
of this chapter obtained through surveys, the Internet, and other sources.
Section
2. Amend §8210(b)(10), Title 29 of the Delaware Code by making deletions as
shown by strike through and insertions as shown by underline as follows and
redesignating accordingly:
(10) Serve as the primary brain injury council for the State. In furtherance of this role, the Council shall:
a. Fulfill the duties and responsibilities set forth in paragraphs (b)(1) through (8) of this section with respect to persons with brain injuries;
b. Fulfill Council duties and responsibilities identified in the Concussion Protection in Youth Athletic Activities Act, codified at Chapter 30J of Title 16; and
c. Maintain a standing brain injury committee to facilitate prevention and centralized interdisciplinary planning, assessment and an improved service delivery system for individuals with brain injury comprised of the following members, or designees of such members:
1. Director of the Division of Public Health;
2. Director of the Division of Developmental Disabilities Services;
3. Director of the Division of Substance Abuse and Mental Health;
4. Director of the Division of Aging and Adults with Disabilities;
5. Director of the Division of Prevention and Behavioral Health Services;
6. Director of Division of Vocational Rehabilitation;
7. Exceptional Children Director of Department of Education;
8. Chair of Governor’s Advisory Council for Exceptional Citizens;
9. Chair of Developmental Disabilities Council;
10. Minimum of 3 survivors of brain injury or family members of such individuals; and
11. Representatives of prevention, planning, veterans and service delivery organizations appointed by the Council, including a representative of the state chapter of the Brain Injury Association of America and a representative of the “protection and advocacy agency” as defined in §1102 of Title 16.
Section 3. This Act shall become effective one year after its enactment into law.
SYNOPSIS
In 2011, the State adopted concussion protections for youth involved in sports and athletic activities regulated by the Delaware Interscholastic Athletic Association (DIAA) codified at Title 14 Del. C. §303(d). However, the DIAA’s jurisdiction only applies to member schools and excludes youth athletic events sponsored by leagues, clubs, and other organizations. This bill is intended to fill this gap by establishing similar concussion protection standards for youth involved in non-DIAA regulated athletic activities. |