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.