| 1 | A bill to be entitled |
| 2 | An act relating to youth athletes; amending ss. 943.0438 |
| 3 | and 1006.20, F.S.; requiring an independent sanctioning |
| 4 | authority for youth athletic teams and the Florida High |
| 5 | School Athletic Association to adopt guidelines, bylaws, |
| 6 | and policies relating to the nature and risk of concussion |
| 7 | and head injury in youth athletes; requiring informed |
| 8 | consent for participation in practice or competition; |
| 9 | requiring removal from practice or competition under |
| 10 | certain circumstances and written clearance to return; |
| 11 | providing an effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Paragraphs (e), (f), and (g) are added to |
| 16 | subsection (2) of section 943.0438, Florida Statutes, to read: |
| 17 | 943.0438 Athletic coaches for independent sanctioning |
| 18 | authorities.- |
| 19 | (2) An independent sanctioning authority shall: |
| 20 | (e) Adopt guidelines to educate athletic coaches, |
| 21 | officials, administrators, youth athletes, and their parents or |
| 22 | guardians of the nature and risk of concussion and head injury. |
| 23 | (f) Adopt bylaws or policies that require the parent or |
| 24 | guardian of a youth participating in athletic competition or who |
| 25 | is a candidate for an athletic team to sign and return an |
| 26 | informed consent that explains the nature and risk of concussion |
| 27 | and head injury, including the risk of continuing to play after |
| 28 | concussion or head injury, each year before participating in |
| 29 | athletic competition or engaging in any practice, tryout, |
| 30 | workout, or other physical activity associated with the |
| 31 | student's candidacy for an athletic team. |
| 32 | (g) Adopt bylaws or policies that require each youth |
| 33 | athlete who is suspected of sustaining a concussion or head |
| 34 | injury in a practice or competition to be removed from practice |
| 35 | or competition at that time. A youth athlete who has been |
| 36 | removed from practice or competition may not return to practice |
| 37 | or competition until the youth receives written clearance to |
| 38 | return from a physician licensed under chapter 458 or chapter |
| 39 | 459. Prior to issuing a written clearance to return to play, a |
| 40 | physician may: |
| 41 | 1. Delegate the performance of medical acts to a health |
| 42 | care provider licensed or certified under s. 458.347, s. |
| 43 | 459.022, s. 464.012, or s. 468.707 with whom the physician |
| 44 | maintains a formal supervisory relationship or an established |
| 45 | written protocol that identifies the medical acts or evaluations |
| 46 | to be performed and conditions for their performance and that |
| 47 | attests to proficiency in the evaluation and management of |
| 48 | concussions. |
| 49 | 2. Consult with, or utilize testing and evaluation of |
| 50 | cognitive functions performed by, a neuropsychologist licensed |
| 51 | under chapter 490. |
| 52 | Section 2. Paragraphs (e), (f), and (g) are added to |
| 53 | subsection (2) of section 1006.20, Florida Statutes, to read: |
| 54 | 1006.20 Athletics in public K-12 schools.- |
| 55 | (2) ADOPTION OF BYLAWS.- |
| 56 | (e) The organization shall adopt guidelines to educate |
| 57 | athletic coaches, officials, administrators, student athletes, |
| 58 | and their parents of the nature and risk of concussion and head |
| 59 | injury. |
| 60 | (f) The organization shall adopt bylaws or policies that |
| 61 | require the parent of a student who is participating in |
| 62 | interscholastic athletic competition or who is a candidate for |
| 63 | an interscholastic athletic team to sign and return an informed |
| 64 | consent that explains the nature and risk of concussion and head |
| 65 | injury, including the risk of continuing to play after |
| 66 | concussion or head injury, each year before participating in |
| 67 | interscholastic athletic competition or engaging in any |
| 68 | practice, tryout, workout, or other physical activity associated |
| 69 | with the student's candidacy for an interscholastic athletic |
| 70 | team. |
| 71 | (g) The organization shall adopt bylaws or policies that |
| 72 | require each student athlete who is suspected of sustaining a |
| 73 | concussion or head injury in a practice or competition to be |
| 74 | removed from practice or competition at that time. A student |
| 75 | athlete who has been removed from practice or competition may |
| 76 | not return to practice or competition until the student receives |
| 77 | written clearance to return from a physician licensed under |
| 78 | chapter 458 or chapter 459. Prior to issuing a written clearance |
| 79 | to return to play, a physician may: |
| 80 | 1. Delegate the performance of medical acts to a health |
| 81 | care practitioner licensed or certified under s. 458.347, s. |
| 82 | 459.022, s. 464.012, or s. 468.707 with whom the physician |
| 83 | maintains a formal supervisory relationship or an established |
| 84 | written protocol that identifies the medical acts or evaluations |
| 85 | to be performed and conditions for their performance and that |
| 86 | attests to proficiency in the evaluation and management of |
| 87 | concussions. |
| 88 | 2. Consult with, or utilize testing and evaluation of |
| 89 | cognitive functions performed by, a neuropsychologist licensed |
| 90 | under chapter 490. |
| 91 | Section 3. This act shall take effect July 1, 2011. |