SB-1122, As Passed Senate, May 31, 2012

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 in an electronic format 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.

     (4) Before the expiration of 1 year after the effective date

of this section, the department shall promulgate rules under the

administrative procedures act of 1969 that it determines necessary

to implement and administer this section. The department shall

identify in the rules it promulgates under this section the

individuals who are required to participate in the training program

developed under subsection (2). The department shall identify in

the rules promulgated under this section the organizing entities

and athletic activities that are exempt from the application of

this section pursuant to subsection (7).

     (5) 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 and rules

promulgated under 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 subsection (2).

     (b) Provide the educational materials developed under

subsection (1) 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.

     (c) Obtain and maintain 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 a statement signed by each youth athlete and a parent or

guardian of the youth athlete acknowledging receipt of the

educational material developed under subsection (1). Upon request,

the organizing entity shall make the statements obtained under this

subdivision available to the department.

     (6) 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 participation in the athletic activity until he or she has

been evaluated by a qualified licensed 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 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 the written clearance under

this subsection. Upon request, the organizing entity shall make the

written clearance obtained under this subsection available to the

department.

     (7) 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 or other sports

organization.

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

the interscholastic athletic association or sports organization

described in subdivision (a), which rule establishes concussion

protocols that are substantially similar to or more stringent than

the concussion protocols provided in this section and includes an

enforcement mechanism on its members.

     (8) As used in this section:

     (a) "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.

     (b) "Concussion" means a traumatic injury to the brain causing

a change in a person's mental status at the time of the injury,

such as feeling dazed, disoriented, or confused, which may or may

not involve a loss of consciousness, resulting from any of the

following:

     (i) A fall.

     (ii) A blow 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.

     (c) "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.

     (d) "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.

     (e) "Youth athlete" means an individual who engages in an

athletic activity and who is under 18 years of age.