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H.B. 204
This document includes House Committee Amendments incorporated into the bill on Thu, Jan 27, 2011 at 12:21 PM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 10, 2011 at 12:47 PM by jeyring. --> This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 16, 2011 at 8:15 AM by rday. --> 1
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7 LONG TITLE
8 General Description:
9 This bill enacts the Protection of Athletes With Head Injuries Act within the Utah
10 Health Code.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires an amateur sports organization to:
15 . adopt and enforce a concussion and head injury policy; and
16 . inform a parent or H. legal .H guardian of the policy and obtain the parent's or
16a guardian's
17 signature on the policy before permitting a child to participate in a sporting
18 event;
19 . describes the requirements of a concussion and head injury policy;
20 . requires removal of a child from a sporting event when the child is suspected of
21 sustaining a concussion or head injury; and
22 . prohibits a child described in the preceding paragraph from participating in a
23 sporting event of the amateur sports organization until the child receives medical
24 clearance from a H. qualified .H health care provider trained in the evaluation and
24a management of a
25 concussion.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 26-53-101, Utah Code Annotated 1953
33 26-53-102, Utah Code Annotated 1953
34 26-53-201, Utah Code Annotated 1953
35 26-53-301, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-53-101 is enacted to read:
39
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41 26-53-101. Title.
42 This chapter is known as the "Protection of Athletes With Head Injuries Act."
43 Section 2. Section 26-53-102 is enacted to read:
44 26-53-102. Definitions.
45 As used in this chapter:
46 (1) "Agent" means a coach, teacher, employee, representative, or volunteer.
47 (2) (a) "Amateur sports organization" means, except as provided in Subsection (2)(b):
48 (i) a sports team;
49 (ii) a public or private school;
50 (iii) a public or private sports league;
51 (iv) a public or private sports camp; or
52 (v) any other public or private organization that organizes, operates, manages, or
53 sponsors a sporting event for its members, enrollees, or attendees.
54 (b) "Amateur sports organization" does not include a professional:
55 (i) team;
56 (ii) league; or
57 (iii) sporting event.
58 (3) "Child" means an individual who is under the age of 18.
59 (4) " H. [
60 (a) a physician or surgeon licensed under:
61 (i) Title 58, Chapter 67, Utah Medical Practice Act; or
62 (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
63 (b) a physician assistant, licensed under Title 58, Chapter 70a, Physician Assistant Act;
64 or
65 (c) an athletic trainer, as defined in Section 58-40a-102 .
65a (a) is licensed under Title 58, Division of Occupational and Professional
65b Licensing Act; and
65c (b) may evaluate and manage a concussion within the health care provider's
65d scope of practice. .H
66 (5) S. (a) .S "Sporting event" means any of the following athletic activities that is organized,
67 operated, managed, or sponsored by any organization:
68 S. [
69 S. [
70 S. [
71 S. [
72 S. [
73 S. [
73a S. (b) "Sporting event" does not include the issuance of a ski pass by a ski resort, unless the
73b skiing is part of a camp, team, class, or competition that is organized, managed, or sponsored
73c by the ski resort. .S
74 Section 3. Section 26-53-201 is enacted to read:
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76 26-53-201. Adoption and enforcement of concussion and head injury policy --
77 Notice of policy to parent or guardian.
78 Each amateur sports organization shall:
79 (1) adopt and enforce a concussion and head injury policy that:
80 (a) is consistent with the requirements of Section 26-53-301 ; and
81 (b) describes the nature and risk of:
82 (i) a concussion or head injury; and
83 (ii) continuing to participate in a sporting event after sustaining a concussion or head
84 injury;
85 (2) ensure that each agent of the amateur sports organization is familiar with, and has a
86 copy of, the concussion and head injury policy; and
87 (3) before permitting a child to participate in a sporting event of the amateur sports
88 organization:
89 (a) provide a written copy of the concussion and head injury policy to a parent or legal
90 guardian of a child; and
91 (b) obtain the signature of a parent or H. legal .H guardian of the child,
91a acknowledging that the
92 parent or legal guardian has read, understands, and agrees to abide by, the concussion and head
93 injury policy.
94 Section 4. Section 26-53-301 is enacted to read:
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96 26-53-301. Removal of child suspected of sustaining concussion or head injury --
97 Medical clearance required before return to participation.
98 H. (1) .H An amateur sports organization, and each agent of the amateur sports organization,
99 shall:
100 H. [
100a of the amateur
101 sports organization if the child is suspected of sustaining a concussion or head injury; and
102 H. [
102a participating in a sporting event
103 of the amateur sports organization until the child:
104 H. [
104a1 who is trained in the
104a evaluation and
105 management of a concussion; and
106 H. [
106a1 with a written
106a statement .H from the H. [
107 health care provider described in Subsection H. [
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107b1 day on which
107b the written statement is made, successfully completed a continuing education course in the
107c evaluation and management of a concussion; [
107d (ii) the child is cleared to resume participation in the
108 sporting event of the amateur sports organization.
108a S. [
108b of the child of the medical risks associated with the child resuming participation in a
108c sporting event; and
108d (C) under the facts and circumstances, a parent's or legal guardian's decision to
108e allow the child to participate in a sporting event is not medically unreasonable.
108e1 and
108e2 (B) the child is cleared to resume participation in the sporting event of the amateur sports
108e3 organization. .S
108f (2) This section does not create a new cause of action. .H
Legislative Review Note
as of 11-22-10 6:54 AM