Florida Senate - 2011 SB 1814 By Senator Diaz de la Portilla 36-01457B-11 20111814__ 1 A bill to be entitled 2 An act relating to school athletics; providing 3 legislative findings concerning concussions and head 4 injuries; creating s. 1006.163, F.S.; requiring school 5 boards to work with the Florida High School Athletic 6 Association to develop guidelines and other pertinent 7 information and forms to inform and educate coaches, 8 youth athletes, and athletes’ parents or guardians of 9 the nature and risk of concussions and head injuries; 10 requiring that a youth athlete who is suspected of 11 sustaining a concussion or head injury in a practice 12 or game be removed from competition; allowing an 13 athlete removed from competition to return after 14 evaluation and clearance by a medical professional 15 meeting specified requirements; providing that a 16 volunteer medical professional who authorizes a youth 17 athlete to return to competition is not liable for 18 civil damages resulting from any act or omission; 19 providing an exception; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. (1) The Legislature finds that concussions are 24 one of the most commonly reported injuries in children and 25 adolescents who participate in sports and recreational 26 activities. The Centers for Disease Control and Prevention 27 estimates that each year emergency departments in the United 28 States treat 135,000 sports- and recreation-related traumatic 29 brain injuries, including concussions, among children ages 5 to 30 18. 31 (2) A concussion is caused by a blow or motion to the head 32 or body that causes the brain to move rapidly inside the skull. 33 The risks of catastrophic injuries or death are significant when 34 a concussion or head injury is not properly evaluated and 35 managed. Concussions are a type of brain injury that can range 36 from mild to severe and can disrupt the way the brain normally 37 works. Concussions can occur in any organized or unorganized 38 sport or recreational activity and can result from a fall or 39 from players colliding with each other, the ground, or 40 obstacles. Concussions occur with or without loss of 41 consciousness, but the vast majority of concussions occur 42 without loss of consciousness. 43 (3) Continuing to play with a concussion or symptoms of 44 head injury leaves the young athlete especially vulnerable to 45 greater injury and even death. The Legislature recognizes that, 46 despite having generally recognized return to play standards for 47 concussions and head injuries, some affected youth athletes in 48 this state are prematurely returned to play resulting in actual 49 or potential physical injury or death. 50 Section 2. Section 1006.163, Florida Statutes, is created 51 to read: 52 1006.163 Concussions and head injuries.— 53 (1) Each school board shall work with the Florida High 54 School Athletic Association to develop the guidelines and other 55 pertinent information and forms to inform and educate coaches, 56 youth athletes, and athletes’ parents or guardians of the nature 57 and risk of concussion and head injury, including the risk 58 associated with continuing to play after suffering a concussion 59 or head injury. On a yearly basis, a concussion and head injury 60 information sheet shall be signed and returned by the youth 61 athlete and the athlete’s parent or guardian prior to the youth 62 athlete participating in practice or competition. 63 (2) A youth athlete who is suspected of sustaining a 64 concussion or head injury in a practice or game shall be removed 65 from competition at that time. 66 (3) A youth athlete who has been removed from competition 67 may not return to competition until the athlete is evaluated by 68 a physician licensed under chapter 458, an osteopathic physician 69 licensed under chapter 459, a nurse licensed under part I of 70 chapter 464, or a physician assistant licensed under chapter 458 71 or chapter 459 who is trained in the evaluation and management 72 of concussions and head injuries and receives written clearance 73 to return to competition from that medical professional. The 74 health care provider evaluating the athlete may be a volunteer. 75 Such a volunteer who authorizes a youth athlete to return to 76 competition is not liable for civil damages resulting from any 77 act or omission in the rendering of such care, other than acts 78 or omissions constituting gross negligence or willful or wanton 79 misconduct. 80 Section 3. This act shall take effect July 1, 2011.