H.B. 58

1

PROTECTION OF ATHLETES WITH HEAD INJURIES ACT
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul Ray
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Health and Human Services Interim Committee recommended this bill.
11 General Description:
12 This bill modifies Title 26, Chapter 53, Protection of Athletes with Head Injuries Act,
13 by amending the responsibilities of an amateur sports organization or its agent.
14 Highlighted Provisions:
15 This bill:
16 . amends definitions;
17 . requires that each agent of an amateur sports organization be aware of the
18 organization's concussion and head injury policy;
19 . requires that an amateur sports organization or its agent immediately remove a child
20 from participating in a sporting event if the organization or agent knows or should
21 have known the child sustained a concussion or traumatic head injury; and
22 . makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 26-53-102, as enacted by Laws of Utah 2011, Chapter 97
30 26-53-201, as enacted by Laws of Utah 2011, Chapter 97
31 26-53-301, as enacted by Laws of Utah 2011, Chapter 97
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-53-102 is amended to read:
35 26-53-102. Definitions.
36 As used in this chapter:
37 (1) "Agent" means a coach, teacher, employee, representative, or volunteer.
38 (2) (a) "Amateur sports organization" means, except as provided in Subsection (2)(b):
39 (i) a sports team;
40 (ii) a public or private school;
41 (iii) a public or private sports league;
42 (iv) a public or private sports camp; or
43 (v) any other public or private organization that organizes, [operates,] manages, or
44 sponsors a sporting event for its members, enrollees, or attendees.
45 (b) "Amateur sports organization" does not include a professional:
46 (i) team;
47 (ii) league; or
48 (iii) sporting event.
49 (3) "Child" means an individual who is under the age of 18.
50 (4) "Qualified health care provider" means a health care provider who:
51 (a) is licensed under Title 58, Occupations and Professions; and
52 (b) may evaluate and manage a concussion within the health care provider's scope of
53 practice.
54 (5) (a) "Sporting event" means any of the following athletic activities that is organized,
55 [operated,] managed, or sponsored by an organization:
56 (i) a game;
57 (ii) a practice;
58 (iii) a sports camp;

59 (iv) a physical education class;
60 (v) a competition; or
61 (vi) a tryout.
62 (b) "Sporting event" does not include:
63 (i) the issuance of a lift ticket or pass by a ski resort, the use of the ticket or pass, or a
64 ski or snowboarding class or school at a ski resort, unless the skiing or snowboarding is part of
65 a camp, team, or competition that is organized, managed, or sponsored by the ski resort[.];
66 (ii) as applied to a government entity, merely making available a field, facility, or other
67 location owned, leased, or controlled by the government entity to an amateur sports
68 organization or a child, regardless of whether the government entity charges a fee for the use;
69 or
70 (iii) free play or recess taking place during school hours.
71 (6) "Traumatic head injury" means an injury to the head arising from blunt trauma, an
72 acceleration force, or a deceleration force, with one of the following observed or self-reported
73 conditions attributable to the injury:
74 (a) transient confusion, disorientation, or impaired consciousness;
75 (b) dysfunction of memory;
76 (c) loss of consciousness; or
77 (d) signs of other neurological or neuropsychological dysfunction, including:
78 (i) seizures;
79 (ii) irritability;
80 (iii) lethargy;
81 (iv) vomiting;
82 (v) headache;
83 (vi) dizziness; or
84 (vii) fatigue.
85 Section 2. Section 26-53-201 is amended to read:
86 26-53-201. Adoption and enforcement of concussion and head injury policy --
87 Notice of policy to parent or guardian.
88 Each amateur sports organization shall:
89 (1) adopt and enforce a concussion and head injury policy that:

90 (a) is consistent with the requirements of Section 26-53-301 ; and
91 (b) describes the nature and risk of:
92 (i) a concussion or a traumatic head injury; and
93 (ii) continuing to participate in a sporting event after sustaining a concussion or a
94 traumatic head injury;
95 (2) ensure that each agent of the amateur sports organization is [familiar with] aware
96 of, and has a copy of, the concussion and head injury policy; and
97 (3) before permitting a child to participate in a sporting event of the amateur sports
98 organization:
99 (a) provide a written copy of the concussion and head injury policy to a parent or legal
100 guardian of a child; and
101 (b) obtain the signature of a parent or legal guardian of the child, acknowledging that
102 the parent or legal guardian has read, understands, and agrees to abide by, the concussion and
103 head injury policy.
104 Section 3. Section 26-53-301 is amended to read:
105 26-53-301. Removal of child suspected of sustaining concussion or a traumatic
106 head injury -- Medical clearance required before return to participation.
107 (1) An amateur sports organization, and each agent of the amateur sports organization,
108 shall:
109 (a) immediately remove a child from participating in a sporting event of the amateur
110 sports organization if [the child is suspected of sustaining] the organization or agent knows or
111 should have known the child sustained a concussion or a traumatic head injury; and
112 (b) prohibit the child described in Subsection (1)(a) from participating in a sporting
113 event of the amateur sports organization until the child:
114 (i) is evaluated by a qualified health care provider who is trained in the evaluation and
115 management of a concussion; and
116 (ii) provides the amateur sports organization with a written statement from the
117 qualified health care provider described in Subsection (1)(b)(i) stating that:
118 (A) the qualified health care provider has, within three years before the day on which
119 the written statement is made, successfully completed a continuing education course in the
120 evaluation and management of a concussion; and

121 (B) the child is cleared to resume participation in the sporting event of the amateur
122 sports organization.
123 (2) This section does not create a new cause of action.




Legislative Review Note
as of 10-9-12 2:01 PM

Office of Legislative Research and General Counsel

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