Concussions in Youth Athletes - North Dakota

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North Dakota

Governor Dalrymple signed SB 2281 into law on April 22, 2011. This law can be found in two different sections of the North Dakota Code- section 15.1-18.2-04, under the education code, and section 32-12.1 of the North Dakota Code. (N.D. Cent. Code § 15.1-18.2-04 and § 32-12.1).

Section 32-12.1 requires any political subdivision, other than a school district, that sponsors or sanctions athletic activities for children under 18 to pay a fee to participate, must be governed by the terms of a concussion management program. This program must: define the symptoms of a concussion; require coaches to immediately remove from the activity any athlete suspected of sustaining a concussion; and that a child removed due to a concussion be examined by a physician and given written authorization before returning to the activity. It also requires a parent/guardian acknowledge in writing that they have received information on concussions. Section 15.1-18-04 states that the same provisions apply to school districts.

The official versions of theses sections are currently available online at:

http://www.legis.nd.gov/cencode/t15-1.html (section labeled 15.1-18.2) http://www.legis.nd.gov/cencode/t32.html (section labeled 32-12.1).

There has been no legislation introduced in the North Dakota Legislature in 2012 to amend repeal the present law. However, HB 1028 has been pre-filed to the 63^rd Legislative Assembly of North Dakota, which begins January 8, 2013. The proposed legislation would amend the existing statute. If enacted as proposed, the new law would not significantly alter the existing law. Most notably it would extend the duty to remove a student from play to coaches, officials and any individual having direct responsibility of a student during practice, training or competition. A student could not return to play until authorized by a licensed health care provider in writing. Return to play authorizations woulb be required to be retained by the school district for seven (7) years after the conclusion of the student’s enrollment. Individuals having responsibility for a student during play would be required to undergo the same training as coaches and officials.

The text of pre-filed HB 1028 can be viewed online at:

http://www.legis.nd.gov/assembly/63-2013/bill-index/bi1028.html