May 9, 2012, Introduced by Senators PROOS, BRANDENBURG, MARLEAU, HANSEN and JONES and referred to the Committee on Health Policy.
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
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 a concussion
awareness training program 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 and to
any interested individual including school personnel, coaches,
parents, students, and athletes.
(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).
(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 an appropriate 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) 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.