Concussions in Youth Athletes - South Carolina
On June 7, 2013, Governor Nikki Haley signed H 3061 (Act 33) into law making it effective at that time. This law can be found a section 59-63-75 of the South Carolina Code, under the education title (§59-63-75).
The law requires the Department of Health in consultation with the State Department of Education to post on its web site recognized procedures for dealing with the identification and management of concussions in student athletes. Local school districts shall develop guidelines and procedures based on the model guidelines established by the Department of Health. Each year prior to participation in athletics each school district shall provide information sheets to all coaches, volunteers, student athletes and parents about the nature and risks of concussions, and risks of continuing participation. The parents’ receipt of the concussion information must be documented prior to the student athlete’s participation. The new law also requires mandatory removal of a student athlete suspected of sustain a concussion from play; however, if evaluation at the time by an health care provider identified in the statute determines that concussion or brain injury was not sustained, then the student athlete may return to play. Otherwise, written medical clearance must be provided by a physician in order to return to play. An athletic trainer, physician, physician’s assistant or nurse practitioner evaluating a student athlete during play or practice and authorizing a return to play is immune from civil liability unless their acts or omissions constitute gross negligence or willful, wanton misconduct.
The text of H 3061 can be viewed on-line at:
The text of Act 33 / §59-63-75 can be viewed on-line at:
Currently there is no pending legislation to amend or repeal the current statute in South Carolina.