SB336 H JUD AM 4-10 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
"That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-2-25a, to read as
follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25a. Management of concussions and head injuries in
athletics at West Virginia Secondary School
Activities Commission member high school or middle
school.
(a) The Legislature makes the following findings:
(1) Concussions are one of the most commonly reported injuries
in children and adolescents who participate in sports and
recreational activities. The Centers for Disease Control and
Prevention estimates that as many as 3.9 million sports-related and
recreation-related concussions occur in the United States each
year;
(2) A concussion is caused by a blow or motion to the head or
body that causes the brain to move rapidly inside the skull. The
risk of catastrophic injuries or death is significant when a
concussion or head injury is not properly evaluated and managed;
(3) Concussions are a type of brain injury that can range from
mild to severe and can disrupt the way the brain normally
functions;
(4) Concussions can occur in any organized or unorganized
sport or recreational activity and can result from a fall or from
players colliding with each other or with obstacles;
(5) Concussions occur with or without loss of consciousness,
but the vast majority occur without loss of consciousness;
(6) The interscholastic athlete who continues to play or
practice with a concussion or symptoms of head injury is especially
vulnerable to greater injury and even death; and
(7) Even with generally recognized return-to-play-and-practice
standards for concussion and head injury, some affected
interscholastic athletes are prematurely returned to play or
practice resulting in increased risk of physical injury or death to
the athletes in the State of West Virginia.
(b) For the purposes of this section, "interscholastic
athlete" means any athlete who is participating in interscholastic
athletics at a high school or middle school that is a member of the
West Virginia Secondary School Activities Commission. "Licensed
health care professional" means a health care provider whose
licensed scope of practice includes the ability to diagnose and
treat an injury or disease.
(c) The West Virginia Secondary School Activities Commission shall promulgate rules pursuant to section twenty-five of this
article that address concussions and head injuries in
interscholastic athletes: Provided, That prior to state board
approval and notwithstanding the exemption provided in section
three, article one, chapter twenty-nine-a of this code, the state
board shall submit the rule to the Legislative Oversight Commission
on Education Accountability pursuant to section nine, article
three-b, chapter twenty-nine-a of this code.
(d) The rules required by this section shall include, but are
not limited to, the following:
(1) Guidelines and other pertinent information to inform and
educate appropriate school administrators, coaches, interscholastic
athletes and their parents or guardians of the nature and risk of
concussion and head injury including the risks of continuing to
play or practice after a concussion or head injury;
(2) A concussion and head injury information sheet that shall
be signed and returned by the interscholastic athlete and the
athlete's parent or guardian on an annual basis before the
interscholastic athlete begins practice or competition;
(3) A requirement that each head coach of an interscholastic
sport at a high school or middle school who is a member of the West
Virginia Secondary School Activities Commission complete a
commission-approved concussion and head injury recognition and
return-to-play protocol course annually;
(4) A requirement that an interscholastic athlete who is
suspected by a licensed health care professional or by his or her
head coach or athletic trainer of having sustained a concussion or
head injury in a practice or game shall be removed from competition
at that time;
(5) A requirement that an interscholastic athlete who has been
removed from play or practice may not return to play or practice
until the athlete is evaluated by a licensed health care
professional trained in the evaluation and management of
concussions and receives written clearance to return to play and
practice from the licensed health care professional;
(6) A list of the respective categories of licensed health
care professionals who, if properly trained in the evaluation and
management of concussions, are authorized to provide written
clearance for the interscholastic athlete to return to play; and
(7) A requirement that all member schools must submit a report
to the West Virginia Secondary School Activities Commission within
thirty days of an interscholastic athlete suffering or being
suspected of suffering a concussion or head injury in a practice or
game. The report must state whether an evaluation by a licensed
health care professional verified that a concussion or head injury
was actually suffered, whether the athlete received written
clearance to return to play or practice and, if written clearance
was given, the number of days between the incident and the actual return to play or practice. If written clearance to return to play
is given after thirty days of the incident, a report update shall
be submitted. The West Virginia Secondary School Activities
Commission shall compile and submit the reports to the appropriate
state and national organization or agencies to analyze and make
determinations on whether the rule required by this section needs
to be amended or if equipment worn by interscholastic athlete needs
to be changed accordingly.