H.B. 415

1

PROTECTION OF ATHLETES WITH HEAD INJURIES ACT
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 26, Chapter 53, Protection of Athletes with Head Injuries Act,
10 by amending the responsibilities of an amateur sports organization or its agent.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions;
14 . requires that each agent of an amateur sports organization be aware of the
15 organization's concussion and head injury policy;
16 . requires that an amateur sports organization or its agent immediately remove a child
17 from participating in a sporting event if the organization or agent knows or should
18 have known the child sustained a concussion or traumatic head injury; and
19 . makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 26-53-102, as enacted by Laws of Utah 2011, Chapter 97
27 26-53-201, as enacted by Laws of Utah 2011, Chapter 97

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

59 (b) "Sporting event" does not include:
60 (i) the issuance of a lift ticket or pass by a ski resort, the use of the ticket or pass, or a
61 ski or snowboarding class or school at a ski resort, unless the skiing or snowboarding is part of
62 a camp, team, or competition that is organized, managed, or sponsored by the ski resort[.]; or
63 (ii) as applied to a government entity, merely making available a field, facility, or other
64 location owned, leased, or controlled by the government entity to an amateur sports
65 organization or a child, regardless of whether the government entity charges a fee for the use.
66 (6) "Traumatic head injury" means an injury to the head arising from blunt trauma, an
67 acceleration force, or a deceleration force, with one of the following observed or self-reported
68 conditions attributable to the injury:
69 (a) transient confusion, disorientation, or impaired consciousness;
70 (b) dysfunction of memory;
71 (c) loss of consciousness; or
72 (d) signs of other neurological or neuropsychological dysfunction, including:
73 (i) seizures;
74 (ii) irritability;
75 (iii) lethargy;
76 (iv) vomiting;
77 (v) headache;
78 (vi) dizziness; or
79 (vii) fatigue.
80 Section 2. Section 26-53-201 is amended to read:
81 26-53-201. Adoption and enforcement of concussion and head injury policy --
82 Notice of policy to parent or guardian.
83 Each amateur sports organization shall:
84 (1) adopt and enforce a concussion and head injury policy that:
85 (a) is consistent with the requirements of Section 26-53-301 ; and
86 (b) describes the nature and risk of:
87 (i) a concussion or a traumatic head injury; and
88 (ii) continuing to participate in a sporting event after sustaining a concussion or a
89 traumatic head injury;

90 (2) ensure that each agent of the amateur sports organization is [familiar with] aware
91 of, and has a copy of, the concussion and head injury policy; and
92 (3) before permitting a child to participate in a sporting event of the amateur sports
93 organization:
94 (a) provide a written copy of the concussion and head injury policy to a parent or legal
95 guardian of a child; and
96 (b) obtain the signature of a parent or legal guardian of the child, acknowledging that
97 the parent or legal guardian has read, understands, and agrees to abide by, the concussion and
98 head injury policy.
99 Section 3. Section 26-53-301 is amended to read:
100 26-53-301. Removal of child suspected of sustaining concussion or a traumatic
101 head injury -- Medical clearance required before return to participation.
102 (1) An amateur sports organization, and each agent of the amateur sports organization,
103 shall:
104 (a) immediately remove a child from participating in a sporting event of the amateur
105 sports organization if [the child is suspected of sustaining] the organization or agent knows or
106 should have known the child sustained a concussion or a traumatic head injury; and
107 (b) prohibit the child described in Subsection (1)(a) from participating in a sporting
108 event of the amateur sports organization until the child:
109 (i) is evaluated by a qualified health care provider who is trained in the evaluation and
110 management of a concussion; and
111 (ii) provides the amateur sports organization with a written statement from the
112 qualified health care provider described in Subsection (1)(b)(i) stating that:
113 (A) the qualified health care provider has, within three years before the day on which
114 the written statement is made, successfully completed a continuing education course in the
115 evaluation and management of a concussion; and
116 (B) the child is cleared to resume participation in the sporting event of the amateur
117 sports organization.
118 (2) This section does not create a new cause of action.

Legislative Review Note
as of 2-10-12 12:58 PM

Office of Legislative Research and General Counsel