Florida Senate - 2022 SB 1590
By Senator Baxley
12-01264-22 20221590__
1 A bill to be entitled
2 An act relating to electrocardiograms for student
3 athletes; amending s. 1002.20, F.S.; conforming
4 provisions to changes made by the act; amending s.
5 1006.20, F.S.; requiring certain students to receive
6 an electrocardiogram to participate in athletics;
7 providing an exemption from such requirement;
8 providing parental requirements for receiving the
9 exemption; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (17) of section
14 1002.20, Florida Statutes, is amended to read:
15 1002.20 K-12 student and parent rights.—Parents of public
16 school students must receive accurate and timely information
17 regarding their child’s academic progress and must be informed
18 of ways they can help their child to succeed in school. K-12
19 students and their parents are afforded numerous statutory
20 rights including, but not limited to, the following:
21 (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
22 (b) Medical evaluation and electrocardiogram.—Students must
23 satisfactorily pass a medical evaluation each year and, if
24 applicable, receive an electrocardiogram before participating in
25 athletics, unless the parent objects in writing based on
26 religious tenets or practices or, for an electrocardiogram only,
27 provides a written statement from a physician that the student
28 does not require an electrocardiogram, in accordance with the
29 provisions of s. 1006.20(2)(d).
30 Section 2. Paragraphs (c) and (d) of subsection (2) of
31 section 1006.20, Florida Statutes, are amended to read:
32 1006.20 Athletics in public K-12 schools.—
33 (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
34 (c) The FHSAA shall adopt bylaws that require the
35 following:
36 1. Require All students participating in interscholastic
37 athletic competition or who are candidates for an
38 interscholastic athletic team to satisfactorily pass a medical
39 evaluation each year before participating in interscholastic
40 athletic competition or engaging in any practice, tryout,
41 workout, conditioning, or other physical activity associated
42 with the student’s candidacy for an interscholastic athletic
43 team, including activities that occur outside of the school
44 year. Such medical evaluation may be administered only by a
45 practitioner licensed under chapter 458, chapter 459, chapter
46 460, or s. 464.012 or registered under s. 464.0123 and in good
47 standing with the practitioner’s regulatory board. The bylaws
48 shall establish requirements for eliciting a student’s medical
49 history and performing the medical evaluation required under
50 this paragraph, which shall include a physical assessment of the
51 student’s physical capabilities to participate in
52 interscholastic athletic competition as contained in a uniform
53 preparticipation physical evaluation and history form. The
54 evaluation form must shall incorporate the recommendations of
55 the American Heart Association for participation cardiovascular
56 screening and must shall provide a place for the signature of
57 the practitioner performing the evaluation with an attestation
58 that each examination procedure listed on the form was performed
59 by the practitioner or by someone under the direct supervision
60 of the practitioner. The form must shall also contain a place
61 for the practitioner to indicate if a referral to another
62 practitioner was made in lieu of completion of a certain
63 examination procedure. The form must shall provide a place for
64 the practitioner to whom the student was referred to complete
65 the remaining sections and attest to that portion of the
66 examination. The preparticipation physical evaluation form must
67 shall advise students to complete a cardiovascular assessment
68 and must shall include information concerning alternative
69 cardiovascular evaluation and diagnostic tests. Results of such
70 medical evaluation must be provided to the school. A student is
71 not eligible to participate, as provided in s. 1006.15(3), in
72 any interscholastic athletic competition or engage in any
73 practice, tryout, workout, or other physical activity associated
74 with the student’s candidacy for an interscholastic athletic
75 team until the results of the medical evaluation have been
76 received and approved by the school.
77 2. That the following students receive an
78 electrocardiogram:
79 a. For the 2022-2023 school year, each student who
80 participates in interscholastic athletic competition or is a
81 candidate for an interscholastic athletic team.
82 b. Beginning in the 2023-2024 school year and thereafter,
83 each student in grades 6 through 8 who for the first time
84 participates in interscholastic athletic competition or is a
85 candidate for an interscholastic athletic team.
86 c. Beginning in the 2023-2024 school year and thereafter,
87 each student in grades 9 through 12 who for the first time since
88 entering grade 9 participates in interscholastic athletic
89 competition or is a candidate for an interscholastic athletic
90 team.
91 (d) Notwithstanding the provisions of paragraph (c), a
92 student may participate in interscholastic athletic competition
93 or be a candidate for an interscholastic athletic team if the
94 parent of the student objects in writing to the student
95 undergoing a medical evaluation or receiving an
96 electrocardiogram because such evaluation or electrocardiogram
97 is contrary to his or her religious tenets or practices.
98 However, in such case, there shall be no liability on the part
99 of any person or entity in a position to otherwise rely on the
100 results of such medical evaluation or electrocardiogram for any
101 damages resulting from the student’s injury or death arising
102 directly from the student’s participation in interscholastic
103 athletics when where an undisclosed medical condition that would
104 have been revealed in the medical evaluation or
105 electrocardiogram is a proximate cause of the injury or death.
106 If a parent of a student objects in writing to the student
107 receiving an electrocardiogram on the grounds that it is
108 contrary to the parent’s or student’s religious tenets or
109 practices, the parent must provide a written release of
110 liability prepared by an attorney in good standing with The
111 Florida Bar. Alternatively, a parent may provide a written
112 statement from a practitioner licensed under chapter 458 or
113 chapter 459 and in good standing with the practitioner’s
114 regulatory board that the student does not require an
115 electrocardiogram.
116 Section 3. This act shall take effect July 1, 2022.