Concussions in Youth Athletes - New Hampshire

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New Hampshire

Currently, New Hampshire has no law regarding concussions. Currently there is a bill pending. The bill passed the Senate with an amendment and there was a hearing held on May 10, 2011, but the 2011 legislative session ended without any further activity on the youth concussion legislation introduced (SB 95). SB 402 was introduced on January 25, 2012 and referred to the Health and Human Services Committee. On March 28, 2012, an amended version of the legislation passed the Senate. It is now with the House.

The text of the proposed bill as introduced without the Senate amendments can be viewed online at: http://www.gencourt.state.nh.us/legislation/2012/sb0402.html

The legislation as introduced, provides that a coach, trainer, or licensed health care provider who suspects that a youth athlete has sustained a concussion or head injury shall remove the youth athlete from play immediately and once removed shall not return to play until evaluated by a health care provider trained in the evaluation and management of concussions and upon receipt of written authorization to return. No person authorizing a return to play by a youth athlete shall be subject to civil liability unless acts or omissions rise to a level of gross negligence or willful or wanton misconduct. A concussion and head injury information form shall be provided on annual basis by the school district to all youth athletes and shall be signed by the athlete and parent or guardian prior to participating in practice or competition. School districts are not civilly liable for injury or death of a youth athlete due the action or inactions of persons employed by or under contract with a youth program provided the conduct takes place on school property during the delivery of youth services, the youth program provides to the school district proof of insurance coverage for accident and liability coverage in the minimum amount of $50,000.00 per person and $100,000.00 per occurrence, the youth program provides a written statement to the school district certifying compliance with district policies regarding the management of concussion and head injury in youth sports as provided in the proposed legislation. Youth program means any program or service offered by a private, nonprofit entity, which makes available the opportunity to to participate in recreational programs or services. Nothing in the proposed legislation precludes the right of a person to recover damages for injuries sustained by a contractor of employee of the school district as a result of unsafe school district structures, facilities or programs.

Until such time as New Hampshire enacts applicable legislation, LLB encourages its leagues, teams and youth sports programs to familiarize themselves with the information and resources provided by the Centers for Disease Control Prevention, available through their website: www.cdc.gov/Concussion

The Centers for Disease Control Prevention is helping to support states, leagues, and schools by developing educational resources in line with components in many of the return to play laws through the development of a FREE Heads Up program.

The Centers for Disease Control Prevention Heads Up initiative provides the following:

1. Online course for coaches and parents. In under 30 minutes coaches and parents can learn about identifying a suspected concussion and how to respond. After completing the training and quiz, coaches and parents can print out a certificate, making it easy to show their league or school they are ready for the season. Coaches online training can be accessed at: http://www.cdc.gov/concussion/HeadsUp/online_training.html

2. Parent/Athlete information sheet with signature lines that can be ordered or downloaded and distributed during registration or prior to the first practice.

3. Online course for health care professionals on concussion in sports diagnosis and return to school and play management. This one hour course provides an overview of what health care professionals need to know about concussion in sports and includes a free continuing education opportunity through the American College of Sports Medicine. Healthcare professionals’ online training can be accessed at http://preventingconcussions.org/