SB-1122, As Passed Senate, September 27, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1122

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 9155.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

effective date of this section, 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, 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.

     (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. A

concussion may cause a change in a person'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) "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.

     (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.

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

athletic activity and who is under 18 years of age.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5697 of the 96th Legislature is enacted into

law.