Concussions in Youth Athletes

The Alabama Law is located at §22-11E-1 through §22-11E-2 of the Alabama Code under the title dealing with health, mental health, and environmental control laws, §22-11F-1 through 22-11F-3 known as the “Coach Safety Act,” and §6-5-344 (Exemptions from Liability). (Ala. Code § 22-11E-1 through § 22-11E-2, §22-11F-1 through §22-11F-3, and §6-5-344).  

Alabama law requires each local school system and the governing body of each sport or recreational organization to develop concussion guidelines and provide concussion training and education to parents/guardians and athletes and that annually the parents/guardians sign a concussion information sheet annually before participation in practice or competition.  The law also requires that each local school system and the sports or recreational organization governing body shall ensure that coaches receive annual training to learn how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person suspected of having a concussion prior to the beginning of practice.  Any youth athlete suspected of sustaining a concussion or brain injury must be immediately removed from the game or practice and may not return to play the day of the injury and until evaluated by a licensed doctor and receiving written clearance. Volunteer coaches, managers, and officials who provide services for a sports teams, which are organized or performing as a non-profit or similar entity or which is a member team in a league affiliated with an organized county or municipal recreation department are exempted from liability unless willful, wanton or grossly negligent, have not completed required safety training or causes damage or injury as a result of negligent operation of a motor vehicle (§6-5-344 Exemptions from Liability).

The Coach Safety Act defines association as “Any organization that administers or conducts high risk youth athletics activities on property owned, leased, managed, or maintained by the state, an agent of the state, or a political subdivision of the state.”  Under the Act, Youth Athletes are “Individuals age 14 and under participating in an organized sport.”  High Risk Youth Athletic Activities are defined and include, but are not limited to football, baseball, volleyball, soccer, ice or field hockey, cheerleading and lacrosse.  The law requires all coaches and athletic personnel for any youth athletic organization that sponsors or conducts sports training or high risk youth athletic activities to annually complete a course approved by the Alabama Department of Health that provides information regarding emergency preparedness, planning, and rehearsal for traumatic injuries, for concussions and head trauma, heat and weather related injury, physical conditioning and training equipment usage and heart defects and abnormalities leading to sudden cardiac death.  The Department of Public Health shall adopt rules for implementation, enforcement, and administration of the Act.  Athletic personnel and coaches completing the course and who reasonably conform their conduct to such methods and safety techniques from the course are entitled to a defense from liability for injury to a youth athlete engaged in a high-risk youth athletic activity.

Sections 22-11E-1 through 22-11E-2, Sections 22-11F-1 through §22-11F-3, and 6-5-344 may be viewed online at:

http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/Coatoc.htm  *click on Title 22 on the left, then click Title I on main page and page down to Chapter 11 E or Chapter 11 F clicking on the link to view either section. Follow the same process to view 6-5-344.

The following web sites offer additional information regarding the Alabama Concussion Law:

https://www.childrensal.org/concussion-resources

http://www.alabamatbi.org/concussion.html

The Alaska law is located at Sections 14.30.142 through 14.30.143 of the Alaska Code, under the title dealing with education, libraries and museums and the chapter on pupil health. (Alaska Stat. § 14.30.142 through § 14.30.143).

The Alaska law found at §14.30.142 requires school districts to consult with the Alaska School Activities Association to develop and publish guidelines to inform and educate parents, students, and coaches on concussions, including standards on the return to play.  It requires schools to have a parent/guardian and student (under 18 years of age) to annually sign a written information sheet about concussions before participation.  The law also mandates that a student suspected of sustaining a concussion must be immediately removed from practice or a game and may not return to play or practice until evaluated by an athletic trainer or other defined health care provider and given clearance, which may be provided in writing or electronically. This section also discusses the immunity for health care providers.  §14.30.143 discusses the immunity of school districts for injuries sustained by student athletes resulting from the action or inaction of a person under contract with or employed by a nonprofit youth organization under the listed conditions.   “Youth organization” is defined in this section as a public or private entity qualified to do business in the state that provides a program or service to persons under nineteen (19) years of age.   Section 14.30.142 permits a physician licensed in another state, who provides medical services under written agreement to an athletic team located in the state in which the physician is licensed while traveling to and from or participating in a sporting event in Alaska as a “qualified person” pursuant to 14.30.142(d) (2) as otherwise are excepted from Alaska State licensing requirements in accordance with Section 08.64.370(6) of the Alaska Statutes. Any person conducting an evaluation pursuant to §14.30.142 may not be held liability for civil damages resulting from an act or omission except that person may be civilly liable for reckless or intentional misconduct and/or for gross negligence.

Section 14.30.142 can be found at:

http://www.akleg.gov/basis/statutes.asp#14.30.142

Section 14.30.143 can be found at:

http://www.akleg.gov/basis/statutes.asp#14.30.143

The follow web site offers additional information regarding the Alaska Student Athletes Concussion Law;

http://asaa.org/resources/sports-medicine/bylaws-and-policies/

The Arizona law is found at Section 15-341(24)(b) of the Arizona Code, under the title dealing with education and the chapter dealing with local governance of schools and the powers and duties of local school districts. (Ariz. Rev. Stat. § 15-341(24)(b)).

Arizona law requires the governing board of the school district to prescribe and enforce policies related to the health and safety of students, including developing guidelines and forms about the dangers of concussions and head injuries.  The policies must require that before a student participates in the activity, the student and the parent/guardian sign a form once a year stating they are aware of the nature and risks of concussions.  The policy must also require that a student suspected of having a concussion be immediately removed from the activity by a coach, official, child’s parent, or licensed health care provider and the child’s parent or guardian must be notified.  A child may return the same day if a health care provider, as defined by the statute, rules out a suspected concussion.  Subsequently, a child may return to play only after evaluation and receiving written clearance from a health care provider who is trained in evaluating and managing concussions and head injuries.  The law also contains immunity provisions for health care providers and for school districts.    A volunteer health care provider who provides clearance for participation is immune from civil liability except in the case of gross negligence or wanton or willful misconduct.  A school district, its employees, team coaches, officials or team volunteers or a parent/guardian of a team member are not subject to civil liability for any act, omission, or policy undertaken in a good faith effort to comply with Arizona Law.

This law applies to any group or organization that uses property or facilities owned by a school district for athletic activities.  The law does not apply to teams that are based in another state and that participate in an athletic activity in Arizona. The definition of “athletic activity” does not currently include dance, rhythmic gymnastics, competitions or exhibitions of academic skills or knowledge or other similar forms of physical non-contact activities, civic activities, or academic activities, whether engaged in for the purposes of competition or recreation.

The official version of section 15-341(24)(b) is currently available online at:

http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/15/00341.htm

(Scroll down to Section 24(b).

The Arkansas law is found at §6-18-708 and §6-18-710 of the Arkansas Code (A.C.A. Section 6-18-708 and Section 6-18-710) under the Education Law.

Arkansas law at §6-18-708 requires public school districts to develop procedures concerning certain health conditions, including concussions, that a student athlete my encounter during athletic training and physical activities.  Any person employed as an athletic coach is required to complete training every 3 years regarding health conditions identified in the statute including concussions.  Section 6-18-710 defines “youth athletic activity” as an organized athletic activity involving participants engaging in athletic games, competition, or practice against or in preparation for an organized athletic game or competition against another team, club or entity in which a majority of those participating are under 19 years of age.  The Arkansas Department of Health is required to develop protocols to protect all youth athletes engaged in youth athletic activities in Arkansas.  Guidelines shall include information and forms for coaches, youth athletes and parents which inform and educate regarding the nature and risk of concussions and head injuries and continuing to play after a concussion or head injury.  Prior to engaging in a youth athletic activity, an information sheet must be distributed to each person who intends to participate in the youth athletic activity and be signed by the youth athlete and the parent or guardian if the participant is under eighteen (18) years of age.  A youth athlete suspected of sustaining a concussion shall be removed from the game, activity or practice at that time and shall not return to play until evaluation by a health care provider trained in the evaluation and management of concussions and receiving written clearance to return to play.  A volunteer who authorizes a youth athlete to return to play is not liable for civil damages as a result of any act or omission other than those constituting gross negligence or willful or wanton misconduct.

Title 6 (Education) of the Arkansas Code, Section 6-18-708 and Section 6-18-710 are currently available online at:

https://advance.lexis.com/container?config=00JAA3ZTU0NTIzYy0zZDEyLTRhYmQtYmRmMS1iMWIxNDgxYWMxZTQKAFBvZENhdGFsb2cubRW4ifTiwi5vLw6cI1uX&crid=63c0a481-b404-483c-9ebf-46ad1294b25d

(Type in 6-18-708 or 6-18-710 and then click on link to section).

The following website offers additional information regarding Arkansas concussion law:

http://www.ahsaa.org/sports-medicine-info

The California Law is titled “Youth Sports Concussion and Sudden Cardiac Arrest Protocols,” and is found in the California Health Safety Code under the section referencing “Adolescent Health” (Cal Health and Safety Code §124235).  §124235 includes sudden cardiac arrest protocols as well.

Section 124235 applies to “youth sports organizations” which includes any organization, business, non-profit entity, or local government agency that sponsors or conducts amateur sports competitions, training camps, or clubs in which persons seventeen (17) years of age or younger participate in any of the following sports: (A) Baseball. (B) Basketball. (C) Bicycle motocross (BMX). (D) Boxing. (E) Competitive cheerleading. (F) Diving. (G) Equestrian activities. (H) Field hockey. (I) Football. (J) Full contact marital arts. (K) Gymnastics. (L) Ice hockey. (M) Lacrosse. (N) Parkour. (O) Rodeo. (P) Roller derby. (Q) Rugby. (R) Skateboarding. (S) Skiing. (T) Soccer. (U) Softball. (V) Surfing. (W) Swimming. (X) Synchronized swimming. (Y) Volleyball. (Z) Water polo. (AA) Wrestling.   Youth sports organizations are required to immediately remove an athlete who is suspected of sustaining a concussion, other head injury, who has fainted or passed out from the athletic activity for the remainder of the day.  The athlete shall not be permitted to return to the athletic activity until being evaluated by and receiving written clearance to return to athletic activity from a licensed health care provider.  An athlete who has sustained a concussion shall complete a graduated return to play protocol of not less than seven (7) days in duration under the supervision of a licensed health care provider.  If an athlete has a cardiac condition or other heart related issue that a health care provider believes that puts the athlete at risk, then the athlete shall remain under care until cleared to play.  If an athlete seventeen (17) years of age or younger has been removed from athletic activity due to a suspected concussion or due to fainting or another suspected cardiac condition, the youth sports organization shall notify a parent or a guardian of that athlete of the time and date of the injury, the symptoms observed, and any treatment provided to that athlete for the injury.

On an annual basis, a youth sports organization shall provide a concussion and head injury information sheet and sudden cardiac arrest information to each athlete.  The information sheet shall be signed and returned by the athlete and, if the athlete is seventeen (17) years of age or younger, shall also be signed by the athlete’s parent or guardian before the athlete initiates practice or competition.  The information sheet may be sent and returned through an electronic medium including, but not limited to, facsimile or electronic mail.  On a yearly basis, the youth sports organization shall offer concussion and head injury education and sudden cardiac arrest prevention educational materials, to each coach, administrator, referee, umpire, or other game official of the youth sports organization.  Each coach and administrator shall be required to successfully complete the concussion and head injury education offered at least once, either online or in person, before supervising an athlete in an activity of the youth sports organization and the youth sports organization shall post related information online or provide the educational materials to athletes and parents, or both.  A “Licensed Healthcare Provider” is one trained in the evaluation and management of concussions and other head injuries and cardiac conditions and sudden cardiac arrest, fainting, and shortness of breath.

Concussion and head injury education and educational materials and a concussion and head injury information sheet shall, at a minimum, include information relating to all of the following: Head injuries and their potential consequences; the signs and symptoms of a concussion; Best practices for removal of an athlete from an athletic activity after a suspected concussion; and Steps for returning an athlete to school and athletic activity after a concussion or head injury.  Sudden cardiac arrest educational materials must minimally include cardiac conditions and their potential consequences, the signs and symptoms of cardiac arrest; best practices for removal of an athlete from play after fainting or a suspected cardiac condition is observed, steps for returning an athlete to athletic activity after fainting or a suspected cardiac condition is observed, and what steps to take in the event of a cardiac emergency.

Additional California concussion law is found under the California Education Code (Cal. Educ. Code Section 35179.1 (c) (6), known as the 1998 California High School Coaching Education and Training Program) and requires coaches be certified in CPR and first aid and have a basic understanding of the signs and symptoms of concussions and the appropriate response to concussions.  The California law is found at sections 38131(6) and 49475 of the Education Code. (Cal. Educ. Code §35179.1(c) (6), § 38131(b) (6)), and §49475.6.

Section 49475 of the California Educational Code provides that if a school district, charter school or private school offers an athletic program, any athlete who is suspected of sustaining a concussion must be removed immediately from the activity for the rest of the day.  The athlete is not permitted to return to activity until evaluated and cleared in writing by a licensed health care professional who is trained in the management of concussions and acting within the scope of their practice.  Parents/guardians of any student wishing to participate in an athletic activity and the athlete are required to annually sign a concussion information sheet before the student can participate.  If a licensed health care provider determines that an athlete has sustained a concussion, the athlete shall complete a graduated return to play protocol of not less than seven (7) days under the care of a licensed health care provider.  Section 38131(b)(6) provides that youth sports league activities taking place on school facilities or on school grounds are at the discretion at the governing board for the school district and subject to terms and conditions as the board may deem proper.

The “Youth Tackle Football Program Requirements” are a part of California Youth Football Act (§§124220 -124243) under the California Health and Safety Code is codified at §124241.  The law contains concussion protocols and requires that each youth tackle football program participant removed from play must comply with the provisions of §124235.

The official versions of sections 124235, 38131(6), 35179.1, and 49475 are currently available online at:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=124235.&lawCode=HSC

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=38131.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=35179.1.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=49475.

The following website offers additional information regarding California concussion law:

http://www.cifstate.org/sports-medicine/concussions/index

The Colorado law (the “Jake Snakenberg Youth Concussion Act”) is found at Sections 25-43-101 through 25-43-103 of the Colorado Revised Statutes, under the title dealing with Health. (Colo. Rev. Stat. §§ 25-43-101 through 25-43-103). Colorado law requires that each public and private school require each coach of any youth athletic activity involved in interscholastic play to undergo annual concussion training and requires that each private club or public recreational facility and athletic league sponsoring youth athletics require each volunteer coach to undergo annual concussion training.  The law defines “youth athletic activity” as an organized activity involving participants eleven (11) years of age or older and under nineteen (19) years of age who are engaged in an organized athletic game or competition against another team.  If a coach who has completed concussion training suspects a youth athlete has sustained a concussion, the coach shall immediately remove the youth athlete from participation and the youth athlete may not return until all symptoms of a concussion cease, they are evaluated by a health care provider and they are cleared in writing.  A registered athletic trainer with knowledge of the concussed athlete’s condition may manage the athlete’s graduated return to play.  The parents/guardians of a youth athlete must be notified of a suspected concussion.

The Colorado Revised Statutes are available online at:

https://advance.lexis.com/container?config=0345494EJAA5ZjE0MDIyYy1kNzZkLTRkNzktYTkxMS04YmJhNjBlNWUwYzYKAFBvZENhdGFsb2e4CaPI4cak6laXLCWyLBO9&crid=96f51554-00d8-48dd-b3aa-5a5d84ccd1a7 (click on “I agree” and scroll down to search box and search “concussion”)

The following website offers additional information regarding Colorado concussion law:

http://biacolorado.org/public-policy/youth-sports-concussion-act/

The Connecticut Law is found under the chapter and title dealing Consumer Protection and Miscellaneous Provisions of the Connecticut General Statutes (21a-432).  The law provides that each operator of a youth athletic activity shall make a written or electronic statement regarding available to each participating youth athlete and their parent/legal guardian.  Such statement shall be consistent with the most recent information from the National Centers for Disease Control and Prevention with regard to concussions and shall at a minimum include the signs/symptoms of concussions including the dangers of continuing to play after sustaining a concussion, the means for obtain proper treatment, the nature and risks of concussions and proper return to play procedures.

Section 21a-432 offers the following definitions:

“Youth Athletic Activity” means an organized athletic activity involving participants of not less than seven years of age and not more than nineteen years of age, who (A) (I) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic the purpose of which is to train, instruct, or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or attend such camp or clinic is sponsored by a municipality, business or nonprofit organization. “Youth athletic activity” does not include any college or university athletic activity, or an athletic activity that is incidental to a nonathletic program or lesson.

“Operator” means any municipality, business or nonprofit organization that conducts, coordinates, organizes or otherwise oversees any youth athletic activity but shall not include any municipality, business or nonprofit organization solely providing access to, or use of, any field, court, or other recreational area, whether for compensation or not.

Every operator shall make a written or electronic statement available to each youth athlete, which at the minimum shall contain the recognition of the signs and symptoms of a concussion, the means of obtaining treatment for a suspected concussion, the nature and risks of continuing to engage in youth athletics after sustaining a concussion, and the procedures for returning to play.

No operator shall be subject to civil liability for failing to make a written or electronic statement available.

Sections 10-149b, 10-149c, and 10-149e of the Connecticut General Statutes, under the title dealing with education and the chapter concerning teachers. (Conn. Gen. Stat. §§ 10-149b through 10-149c and 10-149e) contain concussion statutes related to interscholastic and or intramural athletics.

Sections 10-149b, 10-149c, 10-149(e) can be viewed online at:

https://www.cga.ct.gov/current/pub/chap_166.htm  (scroll to desired section and click on desired section).

Section 21a-432 can be viewed online at:

https://www.cga.ct.gov/current/pub/chap_420l.htm  (either click on link or scroll to Section 21a-432).

The following websites offer additional information regarding Connecticut concussion law:

https://www.ctathletictrainers.org/concussion-information

https://www.cga.ct.gov/2021/ACT/PA/PDF/2021PA-00082-R00HB-06417-PA.PDF

The Delaware Law is found under the Delaware Statutes dealing with Health and Safety and the Part dealing with Regulatory Provisions Concerning Public Health of the Delaware Code Annotated (16 Del. C. §3001L through 3009L) and is titled the “Concussion Protection in Youth Athletic Activities Act.”

The law defines “athlete” as a person who engages in athletic activity who is less than 18 years of age.  “Athletic activity” means participation of an athlete in an athletic program or event in the State, which is considered a significant concussion risk activity and organized or sponsored by a public, for profit or non-profit organization and not regulated by the Delaware Interscholastic Athletic Association, not part of a school sponsored field day, recess, gym or not part of a physical education class or a college or university sponsored program.  Significant concussion risk activity means football, rugby, soccer, basketball, lacrosse, field hockey, ice hockey, wrestling, volleyball, martial arts, combative sports, gymnastics, baseball, softball, cheerleading and such other athletic activities as may be identified by the Division of Public Health.  An athlete suspected of sustaining a concussion in an athletic activity shall be immediately removed from physical participation in the athletic activity and is not permitted to return to athletic activity on the same day and shall not return to physical participation in an athletic activity until evaluated by a health care provider and receiving written clearance from a health care provider to return to physical participation in the athletic activity.  The coach or official responsible for the athlete’s removal shall provide prompt notice to the athlete’s parent or guardian of both the athlete’s removal and the medical clearance requirement.  Prior to an athlete’s participation in an athletic activity, the organizing entity shall annually provide a concussion information sheet, published by the State Council for Persons with Disabilities, which shall be signed by the athlete and parent or guardian.  Coaches and officials shall complete initial and periodic concussion training.   Coaches, athletes, officials, and parents of visiting teams from outside the State are not subject to the information sheet and concussion training requirements.

The Delaware Law relating to interscholastic athletics can be found at section 303, Title 14, Chapter 3, of the Delaware Code, under the title dealing with Education and the chapter dealing with the Delaware Interscholastic Athletic Association. (Del. Code Ann. Title. 14, § 303). The Delaware Law requires member schools to follow certain rules and regulations regarding concussions, which include: requiring parents/guardians to sign information sheets about concussions annually; providing coaches with concussion training; removing students from play promptly if suspected of sustaining a concussion or exhibiting signs and symptoms of concussion; and prohibiting return to play until a complete medical assessment by a qualified health care professional or medical clearance is received. Written clearance for a return to play after a concussion must be from a qualified physician.  The application of §303 is limited to member schools of the Delaware Interscholastic Athletic Association (“DIAA”).

The official version of section 303 is currently available online at:

http://delcode.delaware.gov/title14/c003/index.shtml

The official version of sections 3001L through 3009L are currently available online at:

http://delcode.delaware.gov/title16/c030l/index.shtml

The following website offers additional information regarding Delaware concussion law:

http://wcshealthroom.weebly.com/delaware-interscholastic-athletic-association-diaa-concussion-protocol.html

The District of Columbia law is found at Sections 7-2871.01 through 7-2871.05 of the District of Columbia Code, under the human health care and safety title and the chapter dealing with public safety and youth athletic concussion protection. (D.C. Code §§ 7-2871.01 through 7-2871.05).

District of Columbia law defines concussion, athlete, activity, and school.  Athlete means a person who engages in athletic activity who is 18 years old or younger. Athletic activity means a program or event, including practice and competition, organized as part of a school-sponsored, interscholastic-athletic program, an athletic program sponsored by the Department of Parks and Recreation, or an athletic program under the auspices of a nonprofit or for-profit organization.  School means a public school operated under the authority of the Mayor and any charter, parochial, or private school in the District. It requires that any athlete suspected of sustaining a concussion during an athletic activity must be removed from participation until evaluated by a health care professional and given written clearance to return to play.  The law further requires coaches to undergo concussion training and parents/guardians are required to sign a statement acknowledging receipt of information about concussions each year before the athlete is allowed to participate in any athletic activity.

In accordance with the District of Columbia rule making authority, the Department of Health issued rules found in Section 22-B620 (Concussion Protection) under the Public Health Chapter (Title 22-B Public Health and Medicine) and Chapter 22-B6 (Protection of Minors).  The concussion regulation applies to any athletic activity sponsored by a private, for profit or nonprofit organization regardless of where the activity occurs in the District, any school-sponsored athletic activity and any athletic activity sponsored by the Department of Parks and Recreation.  Each sponsor of an athletic activity shall provide written verification that each coach, trainer, or physical education teacher meets training requirements and shall provide to sponsor organization a certification of completion of either of the following online training courses prior to supervising any practice and shall be required to renew the training every 2 years and provide a certification of completion;

(a) Concussion in sports—v2.0

http://www.nfhslearn.com/electiveDetail.aspx?courseID=38000; or

(b) CDC Concussion in sports—Heads Up

https://www.cdc.gov/headsup/youthsports/training/index.html

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

https://code.dccouncil.gov/us/dc/council/code/titles/7/chapters/28B The text of Section 22-B620 can be viewed online at:

https://www.dcregs.dc.gov/Common/DCMR/RuleDetail.aspx?RuleId=R0016342

(Scroll down and click on “view text”)

There is no current federal law related to youth and/or student concussions or concussion management programs.  However, 42 USCS §280b-1d under the Public Health title dealing with Prevention and Control of Injuries provides for the implementation of concussion data collection by the CDC and analysis in order to determine the prevalence and incidence of concussion on a national basis.  The law also provides for the creation of a registry to collect data regarding demographic information about each traumatic brain injury, information surrounding the injury event, dates of injury, hospitalization, and treatment and characterizations of the clinical aspects of the injury.

The text of 42 USCS §280b-1d can be viewed online at:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section280b-1c&num=0&edition=prelim

Information of the National Concussion Surveillance System can be found at:

https://www.cdc.gov/traumaticbraininjury/research-programs/ncss/index.html

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:  http://www.cdc.gov/headsup/index.html.

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 thirty (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/headsup/youthsports/training/index.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:

   https://www.cdc.gov/headsup/providers/training/index.html

   http://nfhslearn.com/courses?searchText=Concussion

The Florida law is found at Florida Statutes Annotated (F.S.A.), Title XLVIII, Section 1006.20(2) (j), (k), (l), and (m). Under the K-20 Florida Education Code.  Section 1006.20 is titled Athletics in public K-12 Schools.

The Florida law requires the Florida High School Athletic Association (FHSAA) adopt guidelines to educate coaches, officials, administrators and student athletes and their parents about the nature and risk of concussion and head injury, to adopt policies requiring a candidate for an interscholastic athletic team to sign and return an informed consent annually prior to participation, to develop guidelines providing for the immediate removal of student suspected of sustaining a concussion or head injury and prohibiting return to practice or competition until a written medical clearance has been received from an appropriate health care provider.

There is another Florida law, which is actually found under chapters outlining Criminal Procedures and Corrections in the Florida Statutes relating to concussions. Title XLVII, Section 943.0438 titled Athletic Coaches for Independent Sanctioning Authorities (“ISA”), which in part requires background screening of each current and prospective coach of an independent sanctioning authority.  The statute defines an “ISA” as a private, non-governmental entity that organizes, operates, or co-ordinates a youth athletic team in the state if the team includes one or more minors and is not affiliated with a private school.   The statute also defines athletic coach as someone who is authorized by an ISA to work as a coach, assistant coach, or referee for 20 or more hours within a calendar year, whether for compensation or on a voluntary basis for an athletic team in the State of Florida and having contact with one or more minors on the youth athletic team.  The law also provides that an “ISA” maintain documentation of all background screenings for a minimum period of at least five (5) years.  An  “ISA” shall develop guidelines to educate athletic coaches, officials, administrators and youth athletes and their parents or guardians of the nature and risk of concussion and head injury, adopt policies requiring the parent or guardian to sign an informed consent annually prior to any participation by the youth athlete and requiring immediate removal of a youth athlete suspected of sustaining a concussion or head injury from any activity and prohibit a return to play or practice until a medical clearance is received from an appropriate health care practitioner.

The official versions of the Florida Statutes are available online at:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.0438.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1006/Sections/1006.20.html

The following website offers additional information regarding Florida concussion law:

http://www.floridahealth.gov/programs-and-services/prevention/injury-prevention/youth-sports-concussions/index.html

The Georgia law (“Return to Play Act”) is located at Title 20 of the Official Code of Georgia under miscellaneous provisions of the “Quality Basic Education Act” at Section 20-2-324.1 known as the “Return to Play Act of 2013.”

The Georgia law requires local boards of education, non-public and charter schools to adopt and implement a concussion management and return to play policy, which must minimally provide that:  (i) prior to commencement of an athletic season for youth athletic activity all youth athletes and parents will be provided an information sheet explaining the nature and risks of concussion and head injury;  (ii) youth athletes exhibiting symptoms of a concussion shall be removed from the activity until evaluated by a health care provider; and (iii) youth athletes deemed by a licensed health care provider to have sustained concussions shall not be permitted to return to play until a health provider gives clearance for a full or graduated return to play.  Each public recreation facility must provide a concussion information sheet to all youth athletes’ parents/guardians at the time of registration and are encouraged to develop and implement a concussion management and return to play policy.  The Georgia Department of Public Health shall endorse one or more concussion recognition education course(s) and make one available online. The law does not create liability for education boards, the governing body of a non-public school, the governing body of charter schools or public recreation facility, officers, employees, volunteers or other designated personnel for acts or omissions related to removal or non-removal of a youth athlete from play.  Youth athlete is defined as a participant in a youth athletic activity age 7 and under age 19 years of age.  “Youth athletic activity” means an organized athletic activity in which the majority of participants are youth athletes and are engaged in an organized athletic game, competition or practice or preparation against another team, club, or entity, but does not include college or university activities, activities incidental to a nonathletic program or youth athletic activities offered by a church or synagogue.  Public recreation facility is a public facility that conducts organized youth activity requiring registration and a participation fee.  Entities not subject to this Code section are strongly encouraged to establish and implement a concussion management and return to play policy.

The Georgia Statute can be viewed online at:

http://law.justia.com/codes/georgia/2014/title-20/chapter-2/article-6/part-15/section-20-2-324.1/

The following website offers additional information regarding Georgia concussion law:

https://dph.georgia.gov/cdc-core/traumatic-brain-injury

S.B. 2557 (Act 262 of 2016) amended existing law (HB 2273/SD1 (Act 197 of 2012) and expanded the concussion education program under Act 197 to youth athletic activity and as well as additional program requirements.  The amendment requires the Department of Kinesiology and Rehabilitation Science, Hawaii Department of Education and the Hawaii High School Athletic Association (“HHSAA”) to jointly develop a concussion educational program, including education for students, parents, officials, faculty, coaches, and administrators about the signs and symptoms of a concussion, annual programs for coaches about the warning signs, education on the need for mandatory removal of students from activities if demonstrating the signs and symptoms of a concussion, education on the need for a licensed health care professional to evaluate the student and the monitoring of the student.  Every public and private school that is a member of the HHSAA must develop the school’s concussion awareness program, and every such program must require:

1. Annual concussion training for coaches, administrators, faculty, staff and sports officials;
2. Annual concussion awareness education for participants in school athletics or youth athletic activities, including parents of minor or student participants.  Individuals who receive such concussion awareness education shall sign a concussion information sheet to verify that they have attended, received, and viewed the concussion awareness education;
3. Immediate removal of any participant from a game, practice or activity who is suspected of having a concussion or if exhibiting the signs or symptoms of a concussion;
4. That the concussed participant be evaluated and cleared by an advanced practice nurse, neuropsychologist, physician assistant, physician, or osteopathic physician trained in concussion management before they can return to athletics or academics; and
5. The authorization to return must be in writing and must include a statement that the student is eligible to resume participation in the sport and requires that the student’s return be monitored by the school’s trainer and may require the student to follow a recovery plan like rest/reintroduction to activity.

The law defines youth athletic activity as an organized athletic activity where the majority of the participants are eleven years of age or older and under nineteen (19) years of age and are engaging in an organized athletic game or competition against another team, club or other entity or engaged in practice for competition. Youth athletic activity does not include college or university activity, activity entered into for instructional purposes only, or athletic activity incidental to a non-athletic program. School athletics means athletic events sponsored by any public or private school from grade nine to twelve.  Coach is defined as a paid or volunteer individual working for, assisting or managing a sports team for school athletics or a youth athletic activity.

Act 262 also contained an appropriation in order to develop and implement a concussion monitoring and educational program for school athletics, to develop and implement a concussion and awareness program for youth athletics, and to administer concussion testing to high school students.  The Department of Kinesiology and Rehabilitation Science of the University of Hawaii is required to submit a report to the Hawaii legislature no later than 20 days prior to the convening of the regular 2017 legislative session regarding the progress in implementing the Act.

The text of HB 2273 is available online at:

https://www.capitol.hawaii.gov/sessions/session2012/bills/HB2273_.HTM The text of SB 2557 is available online at:

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2557&year=2016

(Click on PDF icon to open 2257)

The following websites offer additional information regarding Hawaii concussion law:

http://www.sportshigh.com/concussion

https://hawaiiconcussion.com/

The Idaho law is found at Title 33 section 33-1625 of the Idaho Code, under the title dealing with education and the chapter on courses of instruction. (Idaho Code Ann. § 33-1625).

Idaho law requires that the State Board of Education and the Idaho High School Activities Association develop guidelines and provide access to information in accordance with the standards of Centers for Disease Control regarding concussions and head injury through an internet link. The law applies to and defines youth athlete as individual participating in any middle, junior high or high school athletic league or sport who is 18 years of age or younger.   Every youth athlete and their parent/guardian shall receive concussion guidelines annually.   Coaches, referees, game officials, game judges, and athletic trainers shall review the guidelines biennially.  A youth athlete suspected of sustaining a concussion or head injury or exhibiting the signs/symptoms of concussion or head injury shall be removed from play and may not return to play until evaluated and authorized to return to play by a qualified health care professional. Each school participating in organized athletics shall develop protocol for removal of a student athlete from play.  The law defines a qualified health care professional.  The statute also provides liability protection for individuals providing that the protocol for removing a student athlete is followed.  Any youth or sports organization choosing to follow the Idaho concussion statute will be afforded the same liability protection.  Schools are required to obtain written consent from parents/guardians each year attesting that a copy of the concussion guidelines have been received and acknowledging the inherit risk of athletic participation and authorizing the youth athlete’s participation.  A student who has been concussed may need accommodations, modification of curriculum, and medical monitoring.  A student should fully resume all academic activities without restriction or accommodation prior to receiving authorization to return to play from a qualified health care professional.  An individual acting reasonably and in accordance with the concussion protocol set forth by this law is protected from a negligence determination in a civil claim.  Any youth or sports organization complying with this statute is to be afforded the same protection.

The text of the Section 33-1625 can be viewed online at:

https://legislature.idaho.gov/statutesrules/idstat/Title33/T33CH16/SECT33-1625/

The following websites offer additional information regarding Idaho concussion law:

http://www.idhsaa.org/safetywellness/concussion.aspx   (click on the Safety and Wellness link at the top web page)

https://idhsaa.org/concussion

The Youth Sports Concussion Safety Act is found at 410 ILCS 145/1, et seq. under the Illinois Public Health Law at the section dealing with Health Prevention and Protection.

Under the Act “Sponsored youth sports activity” means any athletic activity, including practice or competition, for players under the direction of a coach, athletic director, or band leader of a youth sports league, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, wrestling, and any other sport offered by a youth sports league.

This Act applies to any sponsored youth sports activity sponsored or sanctioned by a youth sports league beginning or continuing after January 1, 2016, and is not applicable to interscholastic athletic activity, which is defined in the Illinois School Code (105 ILCS5/22-80).  410 ILCS 145/10.

The law defines Player and Youth sports league, respectively, as follows:

“Player” means an adolescent or child participating in any sponsored youth sports activity of a youth sports league.  410 ILCS 145/5.

“Youth sports league” means any incorporated or unincorporated, for-profit or not-for-profit entity that organizes and provides sponsored youth sports activities, including, but not limited to, any athletic association, organization, or federation in this State that is owned, operated, sanctioned, or sponsored by a unit of local government or that is owned, operated, sanctioned, or sponsored by a private person or entity, as well as any amateur athletic organization or qualified amateur sports organization in this State under the U.S. Internal Revenue Code (26 U.S.C. Sec. 501(c)(3) or Sec. 501(j)).  410 ILCS 145/5.

Section 410 ILCS 145/15 provided in relevant part that:

Each youth sports league with players who participate in any youth-sponsored sports activity sponsored or sanctioned by the youth sports league is encouraged to make available, electronically or in writing, to coaches, game officials, and players, as well as the parents/ guardians, and other persons with legal authority to make medical decisions, educational materials that describe the nature and risk of concussions and head injuries, including the advisability of removal of players that exhibit signs, symptoms, or behaviors consistent with a concussion, such as a loss of consciousness, a headache, dizziness, confusion, or balance problems, from participating in a youth-sponsored sports activity sponsored or sanctioned by the youth sports league.

Any park district is authorized and encouraged to make available to residents and users of park district facilities, including a youth athletic program, education materials with regard to the nature and risks of concussions and is subject to and shall comply with the requirements of the Youth Sports Concussion Safety Act, if the park district is directly responsible for organizing and providing a sponsored youth sports activity as a youth sports league by registering the players and selecting the coaches, as those terms are defined in the Youth Sports Concussion Safety Act [410 ILCS 145/1 et seq.].  70 ILCS 1205/8-24.

The Illinois Law regarding concussions as related to interscholastic athletic activity can be found at 105 ILCS 5/22-80 of the Illinois School Code and 105 ILCS 25/1.15 and 105 ILCS 25/1.20 of the Interscholastic Athletic Organization Act.

410 ILCS Section 145/1 et seq. can be viewed online at:

http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3652&ChapterID=35

70 ILCS Section 1205/8-24 can be viewed online at:

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=007012050HArt%2E+8&ActID=892&ChapterID=15&SeqStart=10200000&SeqEnd=14200000  (ctrl F search concussion).

105 ILCS Section 5/22-80 of the Illinois School Code and 105 ILCS Section 25/1.15 and 105 ILCS Section 25/1.20 of the Interscholastic Athletic Organization Act can be viewed online at:

http://ilga.gov/legislation/ilcs/documents/010500050K22-80.htm

http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1009&ChapterID=17

http://www.ilga.gov/legislation/ilcs/documents/010500250K1.20.htm

Section 20 ILCS 2310/2310-307 of the Department of Public Health Powers and Duties Law of Civil Administrative Code of Illinois can be viewed online at:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=002023100K2310-307

The following website offers additional information regarding Illinois concussion laws:

https://www.ihsa.org/Resources/Sports-Medicine/Concussion-Management

The Indiana law is located at Sections 20-34-7-1, 20-34-7-1.5 through 20-34-7-1.7, through 20-34-7-2 through 20-34-7-7 of the Indiana Code under the title dealing with education and the chapter titled “Student Athletes: Concussions and Head Injuries” (Ind. Code. §§ 20-34-7-1, et seq.).   The Indiana Law was amended by P.L. 92-2020 §86 (effective March 18, 2020), §87 (effective July 1, 2020) and §88 (effective July 1, 2020).

Section 20-34-7-1.6 defines “school” as a public school and a state accredited nonpublic school.  20-34-7-1.7 defines student athlete as any student who attends a school in grades 5 through 12 and participates in any interscholastic sport including cheerleading in which a head coach or assistant coach elects to comply or as part of coaching certification requirements is required to comply with this chapter.  The Indiana law requires that the Department of Education provide guidelines, information, and forms to each school to be distributed to coaches, parents and student athletes regarding concussions, and requires parents/guardians annually sign acknowledgment of receipt of information on concussions before their child may participate in athletic activities. A student athlete suspected of sustaining a head injury must be removed from the activity immediately and may not return to play until written clearance from a health care professional is received.  A student athlete removed from play may not return to competition prior the passage of twenty-four (24) hours.  The law also defines “organizing entity” as any person that operates a recreational, intramural, or extracurricular athletic or sports program for individuals less than twenty (20) years of age and who uses a facility, field, park or other property that is owned, leased, operated, or maintained by the state, a political subdivision or agency or instrumentality.  An organizing entity shall maintain a file of certificates of coaching education awarded to any of the organizing entity’s head coaches and assistant coaches.  Section 20-43-7-6 is related to football, education courses for coaches, and a waiver of liability for coaches completing training as long as they do not commit gross negligence or willful or wanton misconduct.  20-34-7-7, as amended, requires head and assistant coaches coaching any interscholastic sport or intramural sport complete a certified coaching concussion education course in a manner prescribed by the state board in accordance with Indiana Code (“IC”) 20-28-5.5-1.  Coaches complying with this requirement and providing good faith coaching service shall not be personally liable except for acts constituting gross negligence or willful or wanton misconduct.  A school is required to maintain all certificates of completion for all head and assistant coaches.

Sections 20-34-7-1, et seq. can be viewed online at:

https://iga.in.gov/legislative/laws/2017/ic/

(Type in Title 20, Article 34, Chapter 7, and Section 1)

The following website offers additional information regarding Indiana concussion law:

http://www.ihsaa.org/dnn/Resources/HealthWell-Being/tabid/1784/Default.aspx

The Iowa law is located at Section 280.13C of the Iowa Code under the title dealing with education and the chapter on school district and uniform requirements. (Iowa Code § 280.13C). The Iowa law defines “Extracurricular Interscholastic Activity” as any dance or cheerleading activity, or extracurricular interscholastic activity governed by the Iowa High School Athletic Association (“Association”) or Iowa Girls High School Athletic Union (“Union”) that is a contact or limited contact activity as identified by the American Academy of Pediatrics.  The Iowa Department of Public Health and the Association and Union shall in conjunction develop training materials and courses regarding concussions and brain injuries.  Individuals required to complete training shall submit proof to the Association or Union.  For school years beginning after July 1, 2018, each school district and non-public school shall provide each parent / guardian of each student in grades 7 – 12 with a concussion / brain information sheet, which shall be signed and returned to the student’s school prior to participation in extracurricular interscholastic activity. Coaches and contest officials are required to complete concussion and brain injury training at least every 2 years.  A coach, contest official, licensed health care provider or emergency medical care provider shall immediately remove a student from participation who exhibits signs, symptoms, or behaviors consistent with a concussion and other brain injury.  A student removed from activity shall not return to any activity, contest, or practice until evaluated by licensed health care provider trained in the evaluation and management of concussions and other brain injuries and receiving written clearance to resume participation.  The Department, Association, Union, School Districts, and accredited non-public schools shall develop return to play and return to learn protocols.  Schools shall provide students with any protective gear required for the activity by law, contest rules or the Association or Union.

Section 272.31 provides the requirements for the issuing of a coaching authorization by the Educational Examiner’s Board, which shall include a nationally recognized concussion in youth sports training course.

Section 280.13C of the Iowa Code is available online at:

https://www.legis.iowa.gov/law/statutory   (Quick Search 280.13C under Iowa Code on right side of web page)

Section 272.31 is available online at:

https://www.legis.iowa.gov/law/statutory  (Quick Search 272.31 under Iowa Code on right side of web page)

The following website offers additional information regarding Iowa concussion law:

https://www.iahsaa.org/re11sources/health-safety/  (scroll down to concussion care)

The Kanas law is located at §Section 72-7119 of the Kansas Code.  Chapter 72 deals with schools.  (formerly Kan. Stat. Ann. § 72-135) and can be cited as the School Sports Head Injury Prevention Act.

The Kansas law requires the Board of Education and the Kansas state high school activities association to compile information on concussions and provide it to school districts for distribution to coaches, student athletes and their parents/guardians.  If a student suffers or is suspected of sustaining a concussion, the student must be immediately removed from play and cannot return until they have been evaluated by a health care professional (person licensed to practice medicine and surgery and may not be delegated to others providing patient services such as physician assistants, nurses, or athletic trainers pursuant to Kansas Op. Atty. Gen. No 2012-29) and receiving written clearance to play.  The law also requires parents/guardians and the athlete to sign a concussion and head injury information release form before a student athlete participates in any athletic activity.

Section 72-7119 is currently available online at:

72-7119 (ksrevisor.org)

Kansas Op. Atty. Gen. No 2012-29 is available online at:

https://ag.ks.gov/docs/default-source/ag-opinions/2012/2012-029.pdf?sfvrsn=9e66de1a_4

The following website offers additional information regarding Kansas concussion law:

https://www.kshsaa.org/Public/SportsMedicine/ConcussionGuidelines.cfm

The Kentucky law is found at Title XIII of the Kentucky education law in the Kentucky Revised Statutes (K.R.S.) Section 160.445 dealing with school district officers and employees.

The Kentucky law requires that every interscholastic coach attend a safety course regarding prevention of common injuries including concussions.  The Kentucky Board of Education is required to establish the specifics as outlined in the legislation with regard to the safety course (e.g. timeline for completion of course, providers for the course, establishment of minimum qualify score, course updates and revisions, end of course examination).  The presence of at least one person completing the course is mandated at every interscholastic athletic practice and competition and coaches are required to receive annual concussion training.  The Kentucky Board of Education is required to develop and distribute guidelines and other materials to inform and educate student athletes and their parents and guardians about concussions.  The law requires that a student athlete believed to have sustained a concussion by an interscholastic coach, school athletic personnel or a contest official during a competition or practice shall be removed from play at that time and not return until evaluated by a licensed health care provider who is competent in the evaluation and care of concussions and other brain injuries and a determination made as to whether or not a concussion has occurred.  A student athlete may return to play if it is determined that no concussion occurred.  A concussed student athlete may not return to play on the date of the injury and until receiving written clearance from a physician.  The State Board must also adopt rules governing interscholastic athletics requiring each school to develop a venue specific emergency action plan to deal with serious injuries and acute medical conditions in accordance with specifics set for the in the proposed legislation.

The text of Section160.445 can be viewed online at:

http://law.justia.com/codes/kentucky/2015/chapter-160/section-160.445/

The following website offers additional information regarding Kentucky concussion law:

http://www.kyats.com/page-1443488

The Louisiana law (Louisiana Youth Concussion Act) can be found under the title relating to public health and safety (La. Rev. Stat. Ann. (Louisiana Revised Statutes – “LRS”) is found at Title 40 of the LRS at §40:1089.1 through.

Louisiana law requires that: public and non-public schools provide information to coaches, youth athletes, parents, and others about concussions before the start of each athletic season; coaches and officials of a youth athletic activity involving interscholastic play to complete annual concussion education; and prior to any athletic participation by a youth athlete, parents/guardians must sign a concussion information sheet.  The statute defines “youth athletic activity” as an organized athletic activity where the majority of those participating are 7 years of age or older and under 19 years of age and are engaging in an organized athletic competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. Youth athletic activity does not include college or university activities, activities for instructional purposes only or athletic activity incidental to a non-athletic program or lesson. Each private club or public recreation facility and each athletic league which sponsors youth athletic activities shall before the start of the season provide concussion information to all coaches, officials, volunteers, youth athletes and parents/guardians, require each volunteer coach to complete an annual concussion recognition course, and as a condition of participation require the youth athlete and parent/guardian to sign a concussion information sheet.  Any youth athlete suspected of sustaining a concussion must be immediately removed from the activity by a coach who is required to complete concussion recognition training and they may not return to the activity until cleared in writing by a health care professional for full or graduated return to play.  A coach is required to notify a youth athlete’s parent/guardian of a suspected concussion. The act also provides that the office of public health will make available to the general public information on concussions.

The official versions of sections 40:1089.1 through. Are currently available online at:

http://legis.la.gov/Legis/Law.aspx?p=y&d=965056 (use arrows to view next and/or previous)

The following websites offer additional information regarding Louisiana concussion law:

http://lern.la.gov/resources/concussion-act/

https://www.lhsaa.org/sports-medicine  (scroll down to “Concussion Information”)

The Maine law is found under Title 20 of the Maine Revised Statutes (A.M.R.S.A) §254.17, which falls under the Maine educational laws.  The law requires the Commissioner of Education in consultation with organizations representing school principals, school boards, school superintendents, athletic directors, athletic trainers, sports medicine practitioners, the Acquired Brain Injury Advisory Council established in Title 34-B, section 19001, and other interested parties develop a model policy with regard to the management of concussions and other head injuries in school activities and athletics. The Commissioner, in consultation with an organization representing school principals, shall report annually any available data on the incidence of concussions sustained by student athletes.   Section 1001.19 of Title 20-A requires each school board and governing body of each private school with certain enrollment numbers adopt and implement a policy for management of concussions and other head injuries consistent with the model policy developed by the Commissioner.

The text of sections 254.17 and 1001.19 can be viewed online at:

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec254.html  (scroll down to 17.)

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html  (scroll down to 19.)

The model policy can be viewed online at

http://www.maine.gov/doe/schools/safeschools/healthed/concussion

The Maryland law is located at §7-433 of the Maryland Code, under the education title, in the division related to elementary and secondary education and the chapter devoted to public schools, in the section on the health and safety of students. (Md. Code Ann. Educ. § 7-433) and § 14-501 of the Maryland Code under the health title in the chapter related to general day care and subtitled youth sports programs.  Section 14-501 also references the Maryland Sudden Cardiac Arrest Prevention Act, which is found at §7-436 of the Maryland educational law.

Section 7-433 titled, “Public Schools and Youth Sports Programs – Concussions” of the Maryland law defines “youth sports program” as a program organized for recreational athletic competition or instruction for participants who are under the age of 19 years and requires the Department of Education to develop policies and a program of concussion awareness for staff, students, coaches, and parents/guardians of student athletes. The law requires that before a student enrolled in a public school system in the state participates in any interscholastic athletic activity, the student and their parents/guardians must sign a concussion information form.  A student must be removed from play if they are suspected of sustaining a concussion and may not return to play until cleared in writing by a health care professional.

Before an individual may participate in an authorized athletic activity on school property, the parents of the individual must be given an information form on concussions and sign an acknowledgment of its receipt.  The concussion information may be provided via a separate information sheet or a notice on the registration form indicating the availability of concussion information and directions on how to receive the information electronically. The individual receiving the concussion information and the parent/guardian, if applicable, shall acknowledge receipt of the information.  Youth sports programs that use public school facilities must annually provide to the county board a statement of their intent to comply with all the requirements of this section.

Section 14-501 titled, “Concussions, head injuries or sudden cardiac arrest in youth sports programs” defines youth athlete as an individual who participates in an athletic activity in association with a youth sports program at a public-school facility or by a recreational athletic organization.  “Youth sports program” is a program organized for recreational competition or instruction for participants who are under 19 years of age.  The amendment also defines sudden cardiac arrest as a condition in which the heart suddenly and unexpectedly stops beating.  A youth sports organization shall make information on concussions and sudden cardiac arrest developed by the Education Department available to coaches, youth athletes and parents.   A youth athlete suspected of sustaining a concussion or other head injury shall be removed at the time and may not return to play until obtaining a written clearance from a qualified health care provider.  Prior to a youth sports program using a facility owned or operated by local government, notice of these provisions must be provided to the youth sports program by the local government.

The Maryland Sudden Cardiac Arrest Prevention Act, which is found at §7-436 of the Maryland educational law, similarly defines youth sports program as a program organized for recreational competition or instruction for participants who are under nineteen (19) years of age.  The law applies to and defines interscholastic athletics in public schools. Youth sports programs that use a public-school facility are required to annually provide a statement of its intent to comply with the statute, place notice on the registration form that information on sudden cardiac arrest is available and provide directions for retrieving the information electronically and have the parent and youth athlete acknowledge receipt of information.  A youth sports program not using a public-school facility is encourage to follow the provisions of the law.

Section 7-433 can be viewed online at:

https://govt.westlaw.com/mdc/Document/N100CB93092DA11E0A743CFC7DF654B09?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Section 7-436 can be viewed online at:

https://govt.westlaw.com/mdc/Document/N3D63E370EF7711E38DF2F0BE520B16F0?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Section 14-501 can be viewed online at:

https://govt.westlaw.com/mdc/Document/N3DDB0F40EF7711E38181F708AA99DA00?viewType=FullText&listSource=Search&originationContext=Search+Result&transitionType=SearchItem&contextData=(sc.Search)&navigationPath=Search%2fv1%2fresults%2fnavigation%2fi0ad62d2c00000176d8c70c06a7378abc%3fNav%3dSTATUTE_PUBLICVIEW%26fragmentIdentifier%3dN3DDB0F40EF7711E38181F708AA99DA00%26startIndex%3d1%26transitionType%3dSearchItem%26contextData%3d%2528sc.Default%2529%26originationContext%3dSearch%2520Result&list=STATUTE_PUBLICVIEW&rank=2&t_querytext=concussion&t_Method=WIN

The following website offers additional information regarding Maryland concussion law:

http://www.mpssaa.org/membership-services/health-and-safety/concussions/

https://www.biamd.org/concussion.html

The Massachusetts law is found in Chapter 111 Section 222 of the Massachusetts Code. Chapter 111 deals with public health.  (Mass. Gen. Laws Ch. 111, § 222).

Massachusetts law requires that a concussion training program be developed by the Division of Violence and Injury Prevention for Schools subject to the Massachusetts Interscholastic Athletic Association participating in and making annual participation mandatory for any coaches, trainers, or parent volunteers, among others, for any extracurricular athletic activity.  The law encourages the use of information from the CDC for the development of the program and requires the program to develop forms regarding concussions requiring the signature of the both the student and the student’s parent/guardian before participation in an athletic activity.  If a student who is participating in extracurricular activity becomes unconscious during play or has suffered a concussion as diagnosed by a medical professional or is suspected to have suffered a concussion while engaging in an extracurricular activity, that athlete may not return to the activity until cleared in writing by a health care professional.  A school district is required to maintain records under this law. Although the law does not waive liability or immunity of a school district, its officers or employees, no liability is created and any person volunteering to assist with an extracurricular athletic activity is immune from damages unless willfully or wantonly negligent in act or omission.

The official versions of section 222 are currently available online at:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section222

The Massachusetts Department of Health maintains a web page relative to Sports Related Concussions and Head Injuries applicable to interscholastic sports and students, which provides electronic access to Massachusetts Department of Public Health Regulations regarding Head Injuries and Concussions in Extracurricular Activities (see Mass. Public Health Regulation 105 CMR 201.00, et seq., standardized forms for reporting and return to play and links to other valuable information related to head injuries and concussions).

The web page can be viewed online at:

http://www.mass.gov/eohhs/gov/departments/dph/programs/community-health/dvip/injury-prevention/sports-related-concussions-and-head-injuries.html

The Michigan law is found in Chapter 333 of the Michigan Compiled Laws at Sections 9155 and 9156 dealing with public health.

Section 9155 requires the Department of Health to establish, adopt and approve a concussion awareness training program that addresses the nature and risk of concussions, guidelines for removal of an athlete from participation and return to the activity, and the risks of an athlete not reporting a suspected concussion and continuing participation in the activity.  The statute defines a youth athlete as an individual who participates in athletic activity and who is under 18 years of age.  “Athletic activity” means a program or event, including practice and competition, during which youth athletes participate or practice in an organized athletic game or competition against another team, club, entity or individual and includes participation in physical education classes that are a part of a school curriculum.  An organizing entity includes a school, recreation department or commission, a public or private entity and a nonprofit or for-profit entity.

Section 9156 provides that prior to allowing participation by a youth athlete in an athletic activity sponsored by or operated by an organizing entity, an organizing entity shall comply with all requirements of Section 9156, which requires that coaches, employees and volunteers undergo concussion awareness training every three years, provide concussion education materials to each youth athlete, and obtain a statement signed by each youth athlete and parent/guardian acknowledging receipt of concussion information.  Such signed statement shall be maintained in a permanent file or until the youth athlete is 18 years of age.  The educational and training materials developed by the Department of Health shall be made available to any interested individual including school personnel, coaches, parents, students, and athletes.  A coach or other adult volunteering or employed by an organizing entity shall immediately remove a youth athlete from participation who is suspected of sustaining a concussion and the youth athlete shall not return to play unless written clearance has been received from an appropriate health care provider authorizing return to participation.  The organizing entity shall maintain written clearances authorizing return to play in a permanent file or until the youth athlete is 18 years of age.  The law does not apply if the organizing entity is a member of private non-profit multisport statewide interscholastic athletic associate and the athletic activity is governed by protocols that are substantially similar or more stringent than the Michigan law, if the entity is a governed by a rule established by a interscholastic athletic association with substantially similar concussion protocols, and if the primary focus of the program is not participation in an organized game or competition but that participation is incidental to the focus of the program. Section 9156 requires participation in concussion awareness programs every 3 years by coaches, employees, volunteers, and others unless recommended otherwise by the department.

The laws at 333.9155 and 333.9156 of the Michigan Compiled Laws can be viewed online at:

http://www.legislature.mi.gov/(S(hve5yz454qkzzaefkpnjsizp))/mileg.aspx?page=getobject&objectname=mcl-333-9155&query=on&highlight=concussion

http://www.legislature.mi.gov/(S(hve5yz454qkzzaefkpnjsizp))/mileg.aspx?page=getobject&objectname=mcl-333-9156&query=on&highlight=concussion

The following website offers additional information regarding Michigan concussion law:

http://www.michigan.gov/mdch/0,4612,7-132-54783_63943—,00.html

The Minnesota law is located at §121A.37 and §121A.38 of the Minnesota Code, as part of the education code and the chapter on student rights, responsibilities, and behavior.  (Minn. Stat. §§ 121A.37 through 121A.38).

Section 121A.37 of the Minnesota law requires that any organization that organizes youth sports activities for which any fee is charged must make information about concussions available to coaches, officials, parents, and youth athletes.  This section also mandates concussion training for all participating coaches and officials once every three (3) years consistent with this law and the CDC web site.  A coach or official is required to remove a player suspected of sustaining a concussion and the player may not return until no longer exhibiting the signs and symptoms consistent with a concussion and must be evaluated by a medical professional and given written clearance.  Section 121A.38 defines “Youth athlete” as a young person through age 18 who actively participates in an athletic activity including a sport and “Youth athletic activity” means any sport or other athletic activity related to competition, practice, or training for youth athletes and at which a coach or official is present and includes extracurricular activities at school.  Section 121A.38 also delineates rules and procedures for concussions in school-based or school-sponsored sports which are substantially similar to the requirements under 121A.37. A charter school that provides youth athletic activities must comply with section 121A.38 (Minn. Stat. §124E.03 Subd.7(c)).

Section 604A.11 of the Minnesota Statutes Annotated provides immunity from liability with some limitation for volunteer coaches, officials, physicians, and trainers.

These sections are currently available online at:

https://www.revisor.mn.gov/statutes/?id=121A.37

https://www.revisor.mn.gov/statutes/?id=121A.38

https://www.revisor.mn.gov/statutes/cite/124E.03

https://www.revisor.mn.gov/statutes/?id=604A.11

The following website offers additional information regarding Minnesota concussion law:

https://www.braininjurymn.org/aboutBrain/sports-concussion.php

The Mississippi Law (known as the “Mississippi Youth Concussion Law”) is found under Title 37 (Education statutes) Chapter 24, Sections 37-24-1, 37-24-3, 37-24-5, 37-24-7, and 37-24-9.

The Mississippi law defines a school athletic event as activities sanctioned by the Mississippi High School Activities Association or the Mississippi Association of Independent Schools and similar school-sponsored activities of non-member schools in grades 7 through 12.  The law requires each local board of education, administration of a non-public school and governing body of a charter school to adopt and implement concussion management and a return to play policy, which includes the following components: (i) parents to receive and provide a signed copy of the concussion policy prior to the start of an athletic season, (ii) immediate removal of an athlete who reports or displays any concussion symptoms from practice or play, (iii) prohibition from return to play for the remainder of the day, (iv) evaluation by a health care provider, returning to play only after full recovery and health care provider clearance, and (v) no return to play until demonstrating the absence of symptoms in a fully supervised practice.  The state health department shall endorse a concussion education course and make it available online.  The act also contains liability protection and does not create liability for or create a cause of action against a school, its officers, a health care provider, an organization, or association of which the school or district is a member, a private or public school, a private club, a public recreation facility or an athletic league provided the act has been complied with.

In accordance with Mississippi Attorney General Opinion No. 2014-00348, the Mississippi law does not require that a school district’s concussion policy address events outside of school athletic events; however, a school district may choose to adopt a policy that applies to extra-curricular activities.

Sections 37-24-1 through 37-24-9 can viewed online at:

https://advance.lexis.com/container?config=00JAAzNzhjOTYxNC0wZjRkLTQzNzAtYjJlYS1jNjExZWYxZGFhMGYKAFBvZENhdGFsb2cMlW40w5iIH7toHnTBIEP0&crid=932eebb4-11b9-4e2c-87db-e863596728bc&prid=2a132458-4605-44eb-92cc-04722e5b1e64

(Click on “I agree” for Lexis public access search of the Mississippi Code, search concuss! and click on results links to access a specific section).

Mississippi Attorney General Opinion No. 2014-00348 can be viewed online at:

https://govt.westlaw.com/msag/Document/Id5812f925a1a11e498db8b09b4f043e0?contextData=(sc.Search)&rank=1&originationContext=Search+Result&navigationPath=Search%2fv3%2fsearch%2fresults%2fnavigation%2fi0ad600560000014e2bd80a94888cc580%3fstartIndex%3d1%26Nav%3dADMINDECISION_PUBLICVIEW%26contextData%3d(sc.Default)&list=ADMINDECISION_PUBLICVIEW&transitionType=SearchItem&listSource=Search&viewType=FullText&t_querytext=2014-00348&t_Method=WIN

The following website offers additional information regarding Mississippi concussion law:

http://msdh.ms.gov/msdhsite/_static/43,0,98,654.html

The Missouri law is found at sections 167.765 and 167.775 of the Missouri Code, (the “Interscholastic Youth Sports Brain Injury Prevention Act”).  This law falls under the education and libraries title, and the chapter for pupils and special services.  (Mo. Rev. Stat. § 167.765 and § 167.775).

The Missouri law requires that school districts annually distribute concussion information sheets to parents/guardians and athletes participating in a district’s athletic program.  The concussion information sheet must be signed by the parent/guardian and returned to the district before the athlete can participate in any athletic activity.  Any athlete suspected of sustaining a concussion must be removed from the activity at that time and may not return for at least 24 hours and not until evaluated by a medical professional and given written clearance.  Section 167.775 requires that any statewide athletic organization with a public school district as a member publish an annual report regarding the impact of concussions and head injuries on student athletes and which explains efforts to minimize damages from injuries sustained by students participating in school sports.

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

http://revisor.mo.gov/main/OneSection.aspx?section=167.765&bid=8395

http://revisor.mo.gov/main/OneSection.aspx?section=167.775&bid=8396

The following websites offer additional information regarding Missouri concussion law:

http://health.mo.gov/living/healthcondiseases/tbi/

http://health.mo.gov/living/families/shcn/pdf/ConcussionManagement.pdf

The Montana law is found as a part of the Education Law in Chapter 7 on School Instruction and Special Programs and Part 13 Protection of Youth Athletes of the Montana Code Annotated (MCA 20-7-1301 through 20-7-1304). Sections 20-7-1301 through 20-7-1303, extends the law to nonpublic schools and youth athletic organizations offering organized youth athletic activities and became effective October 1, 2017.

The Montana Law may be cited as “Protection and Wellness of Youth”. The law defines youth athlete as an individual who actively participates in an organized youth activity.  “Organized youth athletic activity” means an athletic activity sponsored by a school or school district, nonpublic school, or youth athletic organization. “Youth Athletic Organization” means any entity that organizes or sponsors an organized youth athletic activity.  Each school district, nonpublic school, or youth athletic organization offering organized youth athletic activities is required to adopt policies and procedures to inform coaches, officials, youth athletes and parents of the nature and risks associated with head injury and concussions.  Each youth athlete and a parent are required to sign an information form each year prior to participation in athletic activity.  Coaches and officials are required to undergo annual training.  A coach, trainer or official shall remove a youth athlete in any organized youth athletic activity from play when exhibiting signs, symptoms, or behaviors consistent with a concussion.  A youth athlete removed from play may not return to organized athletic activity until concussion related signs, symptoms and behaviors are no longer present and written clearance from a licensed health care provider is received indicating that the youth athlete has been evaluated and is capable of safely resuming participation.

A person acting in an individual capacity and not on behalf of the state or any political subdivision of the state who volunteers to assist with an organized youth athletic activity is not liable for civil damages arising out of an act or omission relating to the requirements of 20-7-1301 through 20-7-1304. This subsection (2) (b) does not apply to liability for willful or wanton misconduct.

The text of the MCA 20-7-1301 through MCA 20-7-1304 is available online at (Montana Law effective until 10/1/2017:

https://leg.mt.gov/bills/mca/title_0200/chapter_0070/part_0130/sections_index.html

The following website offers additional information regarding Montana concussion law:

http://dphhs.mt.gov/schoolhealth/chronichealth/concussion-traumaticbraininjury

The Nebraska law is found at sections 71-9101 to 71-9106 of the Nebraska Code and is entitled the Concussion Awareness Act. This Act falls under the title dealing with public health and welfare.  (Neb. Rev. Stat. §§ 71-9101 through 71-9106).

§ 71-9104 requires that each school make concussion training available to all coaches of school athletic teams; an information sheet about concussions be distributed to students and parents on an annual basis before any participation by a student in an athletic activity; and that any student suspected of sustaining a concussion is removed from the activity and not permitted to return until evaluated by a health care professional and given written clearance from the health care professional and a signed permission to resume participation by their parent/guardian. The law requires parents to be notified if their child is removed from an activity under this section. §71-9104 also requires that each approved, accredited, public, private, denominational, or parochial school establish a return to learn protocol for students sustaining a concussion and returning to school.

Section 71-9105 is directed to city, village, business, or nonprofit organizations that organize youth athletic activities where athletes 19 years and younger are required to pay a fee to participate or where the cost is sponsored by a business or nonprofit group.  These groups are required to: make concussion training available to coaches; provide concussion information sheets to coaches and parents; and, if any player is suspected of sustaining a concussion, remove the player from the activity, and the player is not permitted to return until the player is evaluated by a licensed health care professional and given written clearance, and has written permission to return from their parent/guardian.  This section requires the organization to notify a parent/guardian if their child has been removed from participation for a suspected concussion, as well as the time and date of the injury, the symptoms observed, and any attempted treatment of the symptoms. Section 71-9106 provides that the Nebraska concussion law shall not be construed to create or modify liability for any school district, city village, nonprofit organization or any officers, employees, or volunteers of the aforementioned.

The Nebraska Law is currently available online at:

http://nebraskalegislature.gov/laws/statutes.php?statute=71-9101

(use arrows to select desired section.)

The following website offers additional information regarding Nebraska concussion law:

https://dhhs.ne.gov/Pages/Concussion.aspx

The Nevada Law has three (3) different sections. § 455A.200 provides that each organization for youth sports that sanctions or sponsors competitive sports for youths must adopt a policy concerning the prevention and treatment of injuries to the head and that to the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association, as described below.  The policy must require that if a youth sustains, or is suspected of sustaining, a head injury from the competitive sport and the youth must immediately be removed and may only return to the competitive sport, if the parent or legal guardian provides a signed statement from a health care provider (includes a physician or physician assistant as licensed under Ch. 630, an advanced practice registered nurse per Ch. 632, a physical therapist per Ch. 640 or a licensed athletic trainer per Ch. 640B of the Nevada Revised Statutes) indicating that the youth is medically cleared for participation in the competitive sport and the date on which the youth may return to the competitive sport. A youth is defined as a person under the age of 18 years old.

§ 385B.080 (formerly § 386.435) requires the Nevada Interscholastic Activities Association to adopt a policy on head injuries that may occur during a pupil’s participation in interscholastic activities requiring that the athlete be removed immediately upon sustaining an injury to the head or being suspected of sustaining a head injury and thereafter the parent or legal guardian must provide a signed statement from a health care provider indicating that the pupil is medically cleared for participation and the date on which the pupil may return to the activity or event, and that annually before participating, the pupil and parent/guardian must return a form acknowledging receipt of information on concussions.  § 392.452 requires each school district to develop a concussion prevention policy for all competitive sports not governed by the Nevada Interscholastic Activities Association and that each school district must adopt a concussion prevention policy, which should be consistent with the policies under the Nevada Interscholastic Activities Association.  The policy must require that if a pupil sustains a head injury or is suspected of sustaining a head injury, they must be immediately removed and may not return to competitive sport until given written clearance by a health care provider.  The policy must also require the pupil and parents/guardians to annually sign a concussion information sheet before their child participates in the sport or activity.

The official versions of these sections may be viewed online at:

http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-392.html; http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-455A.html;
https://www.leg.state.nv.us/NRS/NRS-385B.html#NRS385BSec080

The following websites offer additional information regarding Nevada concussion law:

http://www.niaa.com/sports/niaa_releases/concussion_policy
http://www.niaa.com/forms/forms-new

The New Hampshire law is found at Sections 200:49 through 200:52 of the New Hampshire Revised Statutes and is contained in the statute dealing with education.  The act is entitled Head Injury Policies for Student Sports.

Section 200:49 requires each school district to develop guidelines and other pertinent information and educate coaches, student athletes and student athletes’ parents or guardians of the nature and risk of concussions and head injury and continuing to play after concussion or head injury.   Each school district shall annually distribute to all student athletes a concussion and head injury information sheet.  Section 200:50 provides that a school employee, coach, official, trainer, or 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 a student athlete shall not return to play on the same day or until evaluated by a health care provider and receiving written medical clearance to return.  Written authorization from a parent/guardian to return to play is also required.  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.  Section 200:51 provides that 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 action or inaction was in accordance with the statute and local school board policies regarding the management of concussions and head injuries.  A school district may provide its policies to other organizations sponsoring athletic activities on district property but are not required to enforce such guidelines. The definition of “Student Athlete” in §200.52 includes a student in grades 4 through 12 involved in intramural sports or competitive athletic programs between schools. §200:52 also sets forth the definition of “head injury” as meaning an injury to the scalp, skull, or brain caused by a trauma and shall include a concussion. “Student sports” means intramural sports programs conducted outside the regular teaching day and competitive programs between schools for students in grades 4-12.

Section 200:63 under the New Hampshire Education Law titled “Return to Learning Policy and Plan” requires the department of education to collaborate with the Brain Injury Association of New Hampshire to develop a concussion and return to learn policy for school districts and for each school board to adopt such a policy.

Sections 200:50 through 200:52 can be viewed online at:

http://www.gencourt.state.nh.us/rsa/html/xv/200/200-49.htm

http://www.gencourt.state.nh.us/rsa/html/XV/200/200-50.htm

http://www.gencourt.state.nh.us/rsa/html/XV/200/200-51.htm

http://www.gencourt.state.nh.us/rsa/html/xv/200/200-52.htm

Section 200:63 can be viewed online at:

http://www.gencourt.state.nh.us/rsa/html/xv/200/200-63.htm

The following websites offer additional information regarding New Hampshire concussion law:

https://www.nhmi.net/media/pdf-files/Compliance-Checklist-NH-Concussion-Law.pdf

https://www.nhata.org/Documents/Consensus_Statements/Concussion/BIANH_Consensus_Statementv2.1.pdf

The New Jersey law is found at Sections 18A:40-41.1 through 18A:40-41.5 of the New Jersey Code and is found in the title dealing with education and the chapter on promotion of health and prevention of disease and the article dealing student athletes.  (N.J. Stat. Ann. §§ 18A:40-41.1 through 18A:40-41.7).  This law is titled the “Scholastic Student-Athlete Safety Act”.

§ 18A: 40-41.2 applies to school districts or non-public schools that participate in an interscholastic sports, intramural sports program, or cheerleading program and requires that the Department of Education develop and implement an interscholastic head injury prevention program to be completed by coaches and trainers involved in interscholastic sports programs as well as to develop fact sheets on concussions which must be distributed annually to the parents of athletes and must be signed prior to an athlete’s participation that year. Each school district is required to develop written policies on concussions as well. This law defines student athlete as any student enrolled in a public or nonpublic school in this state who is a participant in an interscholastic sports program or intramural sports program organized by the school. §18A:40-41.2a states, that the Department of Education shall revise the athletic head injury safety training program of §18A: 40-41.2 to include information on the graduated, six-step “Return to Play Progression” recommendations developed by the CDC. §18A:40-41.4 requires that any student who participates in an interscholastic sports program, intramural sports program, or cheerleading program and who sustains or is suspected of having sustained a concussion or other head injury while engaged in a competition or practice shall be immediately removed from the competition or practice. A student-athlete or cheerleader who is removed from competition or practice shall not participate in further sports or cheerleading activity until (a) the student-athlete or cheerleader is evaluated by a physician or other licensed healthcare provider trained in the evaluation and management of concussions and receives written clearance from a physician trained in the evaluation and management of concussions to return to competition or practice; and (b) the student-athlete or cheerleader returns to regular school activities and is no longer experiencing symptoms of the injury when conducting those activities.  §18A:40-41.5 provides that a school district or non-public school is immune from liability involving a youth sports team organization that operates on school ground provided that the organization provides proof of insurance policy of an amount not less than $50,000.00 per person and a statement of compliance with district’s concussion management policies.  “Youth sports team organization” is defined in §18A:40-41.5 relating to immunity as one or more sports team organized pursuant to a nonprofit or similar charter or which are member teams in a league organized by or affiliated with a county or municipal recreation department.  Any student participating in intramural or interscholastic athletics shall be required to undergo a pre-participation examination using a pre-participation physical evaluation form, which seeks disclosure of medical issues encountered since the prior pre-participation examination including whether the student has sustained a concussion or been unconscious or lost memory from a blow to the head (see §18A:40-41.7).  Although not specifically a part of the Scholastic Student-Athlete Safety Act, Title 45 Professions and Occupations requires athletic trainers to undergo a specific number of credit hours of training with respect to concussions and head injuries as determined by the State Board of Medical Examiners in conjunction with biennial license renewals (§45:9-37.48a).

The Sudden Cardiac Arrest Act is found at §18A:40-41e through §18A40-41j of the New Jersey Education Law.  This law defines athletic activity as to include, in addition to interscholastic other athletic contests that are sponsored by or associated with a school district or non-public school including cheerleading and club sponsored activities.  The law establishes protocols to be followed in the event that a student exhibits symptoms or signs of cardiac arrest.  It also requires a school district or non-public athletic coach to maintain a certification in cardio-pulmonary resuscitation.  The law provides that all nonprofit youth-serving organizations such as Little Leagues, Babe Ruth Leagues, Pop Warner Leagues, Police Athletic Leagues, and youth soccer league are encouraged to review cardiac arrest information on the Department of Education’s website and to follow the protocols with regard to removal from play set forth in the statute.

The text of the New Jersey statutes for §§18A:40-41.1 through 18A:40-41.7 and 45:9-37.48a of the New Jersey Code can be viewed online at:

https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu

(Use “Next Doc” button to view other sections)

New Jersey Sudden Cardiac Arrest Act can be viewed online at:

https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu

(Use “Next Doc” button to view other sections)

The CDC “Return to Play Progression” can be found online at:

https://www.cdc.gov/headsup/basics/return_to_sports.html

The following website offers additional information regarding New Jersey concussion law:

https://www.sccnj.com/concussion-law

The New Mexico law is found at Sections 22-13-31 and 22-13-31.1 of the New Mexico Code, under the title on public schools and the chapter on courses and instruction and school programs.  (N.M. Stat. § 22-13-31 & § 22-13-31.1).

Section 22-13-31 of the New Mexico law requires that coaches may not allow any student exhibiting the symptoms of a brain injury to participate in a school athletic activity.  Any student diagnosed with or suspected of a brain injury may return to participation no sooner than two hundred forty hours from the hour in which the brain injury was received and only after no longer exhibiting signs, symptoms, or behavior consistent with a brain injury and receiving a written medical release from a licensed health care professional.  School districts must provide training to coaches and student athletes and the New Mexico Activities Association must develop rules and protocols regarding concussions.  In addition, an information sheet on concussions must be provided at the start of the school year and be signed by the student athlete and the parent/guardian before their child may participate in the athletic activity.  The law defines student athletic activity as a sanctioned middle, junior or high school function that the New Mexico Activities Association regulates.  A student athlete is a middle, junior or high school student who engages in, is eligible to engage in, or seeks to engage in a school athletic activity.  §22-33-31 defines non-scholastic youth athletic activity as an organized athletic activity in which the participants, a majority of whom are under nineteen (19) years of age, are engaged in an athletic game or competition against another team, club, or entity or in practice for an organized game or competition.   As a condition of allowing non-scholastic youth athletic activity to take place on school district, the superintendent of a school district shall require the person offering the activity to sign a certification that the provisions of the brain injury protocols established by the 2016 amendments will be followed.

§ 12-13-31.1 defines “youth athlete” as an individual under 19 years of age who engages in, is eligible to engage in or seeks to engage in a community athletic activity. “Youth athletic activity” means an organized athletic activity in which the participants, a majority of whom are under nineteen years of age, are engaged in an athletic game or competition against another team, club or entity, or in practice or preparation for an organized athletic game or competition against another team, club or entity and does not include an elementary school, middle school, high school, college or university activity or an activity that is incidental to a nonathletic program. Coaches may not allow any youth athlete exhibiting the symptoms of or who has been diagnosed with a brain injury to participate in an athletic activity.  Any youth athlete suspected or sustaining a brain injury may return to participation no sooner than two hundred forty hours from the hour in which the brain injury was received and only after no longer exhibiting signs, symptoms, or behavior consistent with a brain injury and receiving a written medical release from a licensed health care professional.  Each youth athletic league shall ensure that each coach and each youth athlete receive training and the New Mexico activities association must develop rules and protocols regarding concussions.  In addition, an information sheet on concussions must be provided at the beginning of each athletic season or participation in youth athletic activities and be signed by the youth athlete and the parent/guardian before the child may participate in any youth athletic activity.

Sections 22-13-31 and 22-13-31.1 can be viewed online at:

https://laws.nmonesource.com/w/nmos/Chapter-22-NMSA-1978?zoupio-debug#!fragment/zoupio-_Toc28266850/(hash:(chunk:(anchorText:zoupio-_Toc28266850),notesQuery:”,scrollChunk:!n,searchQuery:concussion,searchSortBy:RELEVANCE,tab:toc))  (search concussion and click on Article 13 for §22-13-31 and scroll down for §22-13.31.1).

The following website offers additional information regarding New Mexico concussion law:

http://www.nmact.org/sports-medicine-advisory-committee (scroll down to concussion management)

The New York law is found at Section 305 of the education law, subsection 42. a. (N.Y. Educ. Law. § 305).

The New York law requires that the Commissioner of Education promulgate rules relating to concussions for any school sponsored activity requiring: school coaches, physical education teachers, nurses and athletic trainers to undergo concussion training on a biennial basis; the Department of Health to post concussion information on its website; the immediate removal of any pupil from an athletic activity if there is any doubt whether such pupil has sustained a concussion, it shall be presumed that he or she has been so injured until proven otherwise; and not permitting any student to return to play until symptom free for at least twenty-four (24) hours and being evaluated by a licensed physician and authorized in writing to return.  A school district is permitted by this law to establish concussion management team to oversee the implementation of these rules.  Nonpublic schools may implement the concussion rules and regulations promulgated by the Commissioner of Education in the event they so authorize until July 1, 2023, when nonpublic schools will be required to meet the same minimum standards as public schools.

Pursuant to §206, subsection 28 of Chapter 45 of the New State Public Health Law, the Public Health Commissioner is required to assist the Commissioner of Education to develop rules and regulations regarding students who suffer mild traumatic brain injuries in accordance with §305 of the education law, subsection 42 and post such information on its website.

Sections 305 and 206 are currently available online at:

http://codes.findlaw.com/ny/education-law/edn-sect-305.html (Ctrl F for concussion) 

http://codes.findlaw.com/ny/public-health-law/pbh-sect-206.html (Ctrl F for traumatic)

 The following website offers additional information regarding New York concussion law:

https://www.health.ny.gov/prevention/injury_prevention/concussion.htm

The North Carolina law is found at subsection 23 of Section 115C-12 of the North Carolina Code, which falls under the title for elementary and secondary education and under the title for the state board of education. (N.C. Gen. Stat. § 115C-12(23)).

North Carolina law requires that the State Board of Education develop rules for interscholastic athletic activities.  For middle and high schools, the rules must provide that coaches, nurses, volunteers, and students, among others, receive an annual concussion information sheet, which must be signed by the student and returned before the student may participate.  If a student participating in interscholastic athletic activities is suspected of sustaining a concussion, the student must be immediately removed and may not return that day and may not return to play until evaluated by a licensed medical professional and given written clearance.

Subsection 23 of section 115C-12 of North Carolina Code is available online at:

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-12.html   (Ctrl F for concussion)

The following website offers additional information regarding North Carolina concussion law:

http://www.nchsaa.org/health-and-safety/gfeller-waller-concussion-awareness-act

The North Dakota concussion law is found at the North Dakota Code- §15.1-18.2-04, under the education code.  (N.D. Cent. Code § 15.1-18.2-04).

The North Dakota statute applies to school districts and each non-public school sponsoring or sanctioning any athletic activity and requires a concussion management program, which requires removal of a student from practice, training, or competition if a student self-reports signs or symptoms of a concussion, exhibits signs or symptoms of a concussion, or is determined by a licensed health care provider after observation to have sustained a concussion.  Prior to participation in athletic activity, the student and student’s parent must document that they have reviewed information related to the student’s sustaining concussions in the course of participating in athletic activities.  Each coach, official and designated individual having direct responsibility of the student during athletic activity shall undergo biennial training.  The duty to remove a student from play is placed upon coaches, the officials and any individual having direct responsibility of a student during practice, training, or competition.  A student may not return to play until authorized by a licensed health care provider in writing.  Return to play authorizations would be required to be retained by the school district for seven (7) years after the conclusion of the student’s enrollment. The law does not create any liability for a school district or non-public school or its officers, employees or upon any official.

The official version of this section is currently available online at:

http://www.legis.nd.gov/cencode/t15-1.html (click on § labeled 15.1-18.2 “Professional Development Plans” and then click on §15.1-18.2-04)

The following website offers additional information regarding North Dakota concussion law:

http://www.ndhsaa.com/concussion_management

The Ohio law is a part of Title XXXIII (33) of the Ohio education law dealing with school board and Title XXXVII (37) of the Health and Safety law regarding the Board of Health of the Ohio Revised Code at Sections 3313.539, 3319.303, 3707.51, 3707.511, 3707.52, and 3707.521.

Section 3313.539 of the Ohio law applies to interscholastic athletics and requires athletes to submit a form signed by their parent or guardian stating that they have received the concussion and head injury information sheet required by the Code each year and for each sport in which the student practices or competes.  No organization shall permit an individual to act as a coach or referee unless they hold a pupil activity program permit or have successfully completed, within the previous three years, a training program developed under this Code.  It also requires the removal of a student who appears to have suffered a concussion from play or practice, and the student cannot return on the same day, but must be assessed by a physician and receive written clearance to return.  An employee or volunteer is not liable for civil damages arising from any act or omission in the assessment of a concussion or head injury and clearance to return to play granted by a physician or athletic director unless the act or omission is wanton or willful. Section 3319.303 requires that the state board of education adopt standards and requirements for obtaining a pupil activity program permit for both individuals who are licensed and not licensed as educators for coaching, directing, or supervising a pupil activity program which includes successful completion of training program for brain injury and management. The permit issued under this divisions shall be valid for three years and is renewable.

Section 3707.51 defines a “youth sports organization” as a public or non-public entity that organizes an athletic activity for participants nineteen (19) years of age or younger, who are required to pay a participation fee or whose cost to participate is sponsored by a business or nonprofit organization.  §3707.511 requires coaches and referees to complete a concussion training program unless they hold a pupil activity program permit, mandates that the sports organization inform coaches and referees of the required training, provides for the signing of a concussion and head injury information sheet annually by the parent or guardian, which the organization must provide, and contains the same removal and return to play requirements set forth in §3313.539 as outlined above except that an individual suspected of sustaining a concussion or head injury may be removed by an official of youth sports organization supervising the practice or competition in addition to a coach or referee.  §3707.52 mandates the department of health create a concussion and head injury information sheet and make it available to participants in interscholastic athletics and youth sports.  The information sheet is to be made available on its web site in a format suitable for easy downloading and printing.  The website is also to provide a link to one or more free online training programs in recognizing and evaluating concussions and head injuries for coaches of schools and youth sports organizations.  Section 3707.521 defines License and Licensee and provides for adoption of rules establishing requirements for Licensees who assess and clear athletes for return to play.

The text of the law can be viewed online at:

http://codes.ohio.gov/orc/3313.539
http://codes.ohio.gov/orc/3319.303
http://codes.ohio.gov/orc/3707.51
http://codes.ohio.gov/orc/3707.511
http://codes.ohio.gov/orc/3707.52
http://codes.ohio.gov/orc/3707.521

Additional information regarding concussions including, but not limited to the Concussion Information Sheet can be viewed online at the Ohio Department of Health website:

https://ohsaa.org/concussionresources

The Oklahoma law is found at Section 24-155 of Title 70 of the Oklahoma Code, under the school code of 1971. (Okla. Stat. title 70, Article 24, § 24-155). “Athlete” means a secondary-school-aged individual who is participating in a sport which is individual – and/or team-based, outside of school or within school and either competitive or in an organized practice.  Each school district and youth sports organization or association shall develop policies and procedures, which includes an information sheet for game officials, team officials, athletes, parents/guardians and others having charge regarding the symptoms and signs of concussions and head injuries, return to learn protocols, graduation return to play guidelines and links to online CDC concussion training, the National Federation of State High School Associations or a comparable program or resource.  Guideline and information forms regarding concussions shall annually be distributed to athletes and parents/guardians and acknowledgment and understanding of the information shall be made by the athlete and parent/guardian before participation in an athletic activity.  Game and team officials shall undergo concussion training annually.  The law further requires that any athlete suspected of sustaining a concussion is to be removed from the activity by a game or team official at that time and may not return to the activity that day until they are evaluated by a licensed health care professional and cleared in writing. Respective governing boards shall establish minimum penalties (non-monetary) for the failure to remove an athlete who has sustained or who is suspected to have sustained a concussion.

The official version of section 24-155 is available online at:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=460978

The following websites offer additional information regarding Oklahoma concussion law:

https://oklahoma.gov/health/health-education/injury-prevention-service/concussions.html

The Oregon law is found at §336.485 of the Oregon Revised Statutes Annotated, under the education and culture title and the chapter on extracurricular sports. (Or. Rev. Stat. §§336.485 and 417.875) and is found in Oregon Revised Statutes Annotated under the education and Human Services chapters. Oregon Revised Statute §336.490 also found under the Oregon education law, defines qualified health care professionals for the purposes of §336.485 and §417.875.

§ 336.485 requires that each school district ensure coaches receive annual concussion training. It also requires that each school board establish rules regarding the requirements of this training. Furthermore, it states that coaches may not allow students suspected of sustaining concussions to participate in any athletic event or training on the same day that a member of a school athletic team exhibits signs/symptoms of a concussion or has been diagnosed with a concussion until no longer exhibiting symptoms and receiving a medical release from a qualified health care professional.  A coach may allow a member of a school athletic team to participate at any time after a licensed athletic trainer or a physician licensed under Oregon Law determines that a concussion did not occur.

§ 417.875 defines “league governing body” as an association of non-school athletic teams that provide instruction and training for team members and may compete with one another and who are affiliated, sponsored, or organized by a nonprofit corporation established as provided by Oregon Law and defines “non-school athletic team” as an athletic team having members who are under eighteen (18) years of age and not affiliated with an Oregon public school. The act also defines referee, referee governing body, and qualified health care professional. The law requires that each league and referee governing body adopt policies establishing training requirements and procedures and that coaches and referees shall receive annual training regarding recognizing and obtaining proper treatment for individuals suspected of sustaining a concussion.  A coach may not permit a non-school team member to return to play on the same day, if concussion symptoms are present subsequent to an observed or suspected blow to the head or if diagnosed with a concussion until the member no longer exhibits signs, symptoms, or behaviors consistent with a concussion and after receiving a medical release from a qualified health care professional.  Both sections of the Oregon law define health care professional.  Section 417.875 also provides that a coach may allow a non-school athletic team member to return to play at any time after a determination by a licensed athletic trainer or physician licensed under Oregon Law that team member did not sustain a concussion. The league governing body is required to develop guidelines and other material to facilitate informing non-school athletic team members, parents and coaches about the signs and symptoms of a concussion.  Each year prior to participation, a parent of an individual under 12 years and a parent and the individual if twelve (12) years of age or older must acknowledge receipt of the concussion information and materials.  A league governing body may hold an informal meeting prior to the commencement of the season.  Any person regularly serving as a coach or referee who complies with the statute is immune from liability absent gross negligence or willful or wanton misconduct.

The text of §336.485 and §417.875 can be viewed online at:

https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx  (on the right hand side of the page “Search the ORS” for concussion and then click on Chapter 336 or Chapter 417 and Ctrl F for desired section).

The following websites offer additional information regarding Oregon concussion law:

http://www.osaa.org/governance/handbooks/osaa  (scroll down to Concussion Management)

The Pennsylvania law is found at 24 P.S. Section 5321 through 24 P.S. Section 5323 of the Pennsylvania Statutes and Consolidated Statutes of the education title.  (24 P.S. §§ 5321- 5323) and is entitled the Safety in Youth Sports Act.

Pennsylvania law requires that the Department of Health and the Department of Education develop, and post on their websites, guidelines, and materials on concussions.  The statute defines athletic activity to include interscholastic athletics, an athletic contest or competition sponsored by or associated with a school entity, school sponsored or associated noncompetitive cheerleading and practices, and scrimmages for all the aforementioned activities. Each year, a student participating in an athletic activity must have a parent/guardian sign acknowledgement of receipt of concussion information before the student may participate in the activity.  The law requires any student suspected of sustaining a concussion must be removed from participation at that time and is not allowed to resume participation until evaluated by a medical professional and given written clearance to return to participation.  The law also requires that coaches receive concussion training once each school year.  The governing body of a school entity shall establish the following minimum penalties for a coach found in violation of the above requirements: (1) For a first violation, suspension from coaching any athletic activity for the remainder of the season; (2) For a second violation, suspension from coaching any athletic activity for the remainder of the season and for the next season; and (3) For a third violation, permanent suspension from coaching any athletic activity.

The sponsors of youth athletic activities not addressed by this act are encouraged to follow the guidance set forth in the act.

The text of these sections can be viewed online at:

https://govt.westlaw.com/pac/Document/NE5635DB01B0011E1AECFDFFFC28015BC?contextData=(sc.Search)&rank=1&originationContext=Search+Result&navigationPath=Search%2fv3%2fsearch%2fresults%2fnavigation%2fi0ad70f7000000146d48bedae2e7b5b25%3fstartIndex%3d1%26Nav%3dSTATUTE_PUBLICVIEW%26contextData%3d(sc.Default)&list=STATUTE_PUBLICVIEW&transitionType=SearchItem&listSource=Search&viewType=FullText&t_querytext=23+ps+5321&t_Method=WIN

https://govt.westlaw.com/pac/Document/NE52C48201B0011E1A4C7CFB72D5A50CD?contextData=(sc.Search)&rank=1&originationContext=Search+Result&navigationPath=Search%2fv3%2fsearch%2fresults%2fnavigation%2fi0ad70f7000000146d49891cd2e7b5c42%3fstartIndex%3d1%26Nav%3dSTATUTE_PUBLICVIEW%26contextData%3d(sc.Default)&list=STATUTE_PUBLICVIEW&transitionType=SearchItem&listSource=Search&viewType=FullText&t_querytext=concussion&t_Method=WIN

https://govt.westlaw.com/pac/Document/NE5AB15101B0011E1AE7282E3F3502C9B?contextData=(sc.Search)&rank=2&originationContext=Search+Result&navigationPath=Search%2fv3%2fsearch%2fresults%2fnavigation%2fi0ad70f7000000146d49891cd2e7b5c42%3fstartIndex%3d1%26Nav%3dSTATUTE_PUBLICVIEW%26contextData%3d(sc.Default)&list=STATUTE_PUBLICVIEW&transitionType=SearchItem&listSource=Search&viewType=FullText&t_querytext=concussion&t_Method=WIN

The following websites offer additional information regarding Pennsylvania concussion law:

https://www.health.pa.gov/topics/school/Pages/Concussion.aspx

The Rhode Island law is found at Sections 16-91-1 through 16-91-4 of the Rhode Island Code, under the education title. (R. I. Gen. Laws §§ 16-91-1 through 16-91-4).

Rhode Island law requires the Departments of Education and Health to work with the Rhode Island Interscholastic League to develop guidelines and information on concussions.  It requires a concussion information sheet be signed by the youth athlete and a parent/guardian and returned prior to any participation in an athletic activity by a youth athlete.  It also requires that school districts make concussion training available and requires all coaches/volunteers to undergo a training program annually.  A youth athlete suspected of sustaining a concussion is to be removed from the activity at that time and may not return to the activity until evaluated by a licensed physician trained in evaluation and management of concussions and given written clearance. The law defines youth sports program as any program organized for recreational and/or athletic competition purposes by any school district or by any school participating in the Rhode Island Interscholastic League and whose participants are nineteen (19) years of age or younger.  All coaches, volunteers, and school nurses are required to complete a training course and annual refresher for concussions and traumatic brain injuries.

Section 16-91-4 provides that all other youth sports programs whose participants are 19 years of age and younger not addressed by the act are encouraged to follow the act’s guidance.

Section 9-1-48 of Rhode Island Law provides immunity from civil liability for volunteers, employees, corporate officer in a youth sports program organized and conducted by a nonprofit corporation and for an individual who renders services (manager, coach, instructor, umpire, referee, or official in an interscholastic or intramural sports program organized in accordance with  Rhode Island Interscholastic League unless the acts or omissions were committed in willful, wanton, or reckless disregards for a participant.

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

http://webserver.rilegislature.gov//Statutes/TITLE16/16-91/16-91-1.htm
http://webserver.rilegislature.gov//Statutes/TITLE16/16-91/16-91-2.htm
http://webserver.rilegislature.gov//Statutes/TITLE16/16-91/16-91-3.htm
http://webserver.rilegislature.gov/Statutes/TITLE16/16-91/16-91-4.htm
http://webserver.rilin.state.ri.us/Statutes/TITLE9/9-1/9-1-48.HTM

The following websites offer additional information regarding Rhode Island concussion law:

https://www.riil.org/page/2891

http://www.health.ri.gov/injury/traumaticbrain/

The South Carolina law is found at Section 59-63-75 of the South Carolina Code, under the education title (§59-63-75).

South Carolina 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 South Carolina law also requires mandatory removal of a student athlete suspected of sustaining a concussion from play; however, if evaluation at the time by a 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. “Student athlete” includes cheerleaders.

The text of §59-63-75 can be viewed on-line at:

https://www.scstatehouse.gov/code/t59c063.php  (CTRL F and find 59-63-75)

The following website offers additional information regarding South Carolina concussion law:

http://www.scdhec.gov/Health/ChildTeenHealth/Concussions/AthleteConcussionLaw/

The South Dakota law is found at Section 13-36-9 through 13-36-14 of the South Dakota Code, under the education title. (S.D. Codified Laws §§ 13-36-9 through 13-36-14).

South Dakota law requires that a concussion information sheet be developed by each school district and annually signed and returned by parents/guardians prior to a student participating in an athletic activity.  The South Dakota High School Activities Association and the South Dakota Department of Education are required to develop a concussion training program, which every coach participating in athletic activities sanctioned by the South Dakota High School Activities Association shall complete each academic year.  The law also provides that any athlete exhibiting signs or symptoms or suspected of sustaining a concussion shall be immediately removed from participation in any athletic activity sanctioned by the South Dakota High School Activities Association and may not return until evaluated by a licensed health care professional, given written clearance to return, and no longer exhibiting symptoms of a concussion.

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

https://sdlegislature.gov/Statutes/Codified_Laws

(Search desired section)

The following websites offer additional information regarding South Dakota concussion law:

https://www.sanfordhealth.org/medical-services/orthopedics-and-sports-medicine/sports-medicine/concussion-services

The Tennessee law is found at Sections 68-55-501 through 68-55-503 (as amended per 2021 Bill Text TN S.B. 1259) of Tennessee Code under the Health, Safety and Environmental Protection statutes specifically Chapter 55 – Head and Spinal Cord information and Part 5 dealing with Youth Sports-Related Injuries.

Section 68-55-502 addresses the application of Tennessee Law to school youth activity and section 68-55-503 addresses community-based youth athletic activity.

The Tennessee law applies to school youth athletic activity as well as community-based athletic activity or youth athletic activity.  Section 68-55-501 defines “Community-based youth athletic activity” or “youth athletic activity” as an athletic activity organized by a city, county, business, or nonprofit organization where the majority of the participants are under eighteen (18) years of age and engage in an organized athletic competition or practice or preparation for an organized game or competition.  “School youth activity” means a school organized athletic activity where the majority of participants are under eighteen (18) years of age and are engaging in a competition against another team, club, or entity on in practice.  School youth athletic activity does not include college or university activities or an activity entered into for instructional purposes only, an athletic activity that is incidental to a nonathletic program.  In either case (§ 68-55-502 applies to school youth athletic activity and § 68-55-503 applies to community-based youth athletic activity), the law requires adoption of guidelines, other information and forms approved by the health department to inform coaches, parents, youth athletes about the nature and risk of concussion and head injury and the continuation of play after sustaining a concussion or head injury.  Coaches will be required to complete annual training program approved by the department of health. The Safe Stars Act found at §49-6-3601 reiterates the requirement that coaches complete the concussion and head injury safety course required under §68-5-502. Annually, a concussion and head injury information sheet will be reviewed by all youth athletes and a parent and signed.  Documentation and signed concussion information sheets shall be retained for a period of three (3) years.  A youth athlete exhibiting signs, symptoms and behaviors consistent with concussion must be immediately removed from play and evaluated by a team medical provider, coach or other designated person.  A youth athlete sustaining or suspected of having sustained may not return to play until undergoing an evaluation by health care provider and receiving written clearance for full or graduated return to play.  A team medical provider may manage a student athlete’s graduated return to play based upon a health care provider’s recommendations.  No health care provider or any person acting in good faith shall be liable in the absence of willful misconduct, gross negligence, or reckless disregard.  All health care professionals performing any functions in accordance with this law shall receive training in concussion evaluation and management.

The Sudden Cardiac Arrest Prevention Act can be found under Sections 68-6-102, 68-6-103, and 68-6-104 (as amended by 2021 Bill Text TN S.B. 1259) and similarly provides for cardiac information forms, annual coach training, protocols regarding cardiac arrest with regard to school youth athletic activity and community-based youth athletic activity or youth athletic activity.

The text of §68-55-501, §68-55-502 and §68-55-503 can be viewed online by accessing free public access to LexisNexis:

https://www.tncourts.gov/Tennessee%20Code

(Click view Tennessee Code and use search all documents in this source button and search for concussion).

The text of §68-6-102, §68-6-103 and §68-6-104 can be viewed online by accessing free public access to LexisNexis:

https://www.tncourts.gov/Tennessee%20Code

(Click view Tennessee Code and use search all documents in this source button and search for cardiac arrest).

The text of §49-6-3601 can be viewed online by accessing free public access to LexisNexis:

https://www.tncourts.gov/Tennessee%20Code

(Click view Tennessee Code and use search all documents in this source button and search for Safe Stars Act).

The following website offers additional information regarding Tennessee concussion law:

TN Sports Concussion Law

Youth Concussion and Head Injury Law | MTAS (tennessee.edu)

The Texas law is found at Sections 38.151 through 38.160 of the Texas Code.  (Tex. Educ. Code Ann. §§ 38.151 through 38.160).  These sections of the Texas law are applicable to interscholastic activity and the University Interscholastic League and requires that school districts: appoint concussion oversight teams to establish return-to-play protocols; require that students may not participate in an activity during a school year until their parent/guardian signs and returns a form acknowledging receipt of concussion information; and requires a student be immediately removed from the activity by a coach, a physician, a licensed health care provider, a school nurse, or parent/guardian, if a concussion is suspected.  The student may not return to play until evaluated by a medical professional, and the student has completed return-to-play protocols, has written clearance from the medical provider and the parent has signed a consent form allowing them to return to play.  A coach may not authorize a student’s return to play.  Coaches are required to get concussion training once every two years.

Sections 38.151 through 38.160 are available on online at:

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.38.htm (control /f and search for concussion)

The following websites offer additional information regarding Texas concussion law:

http://www.uiltexas.org/health/concussions

https://www.texashealth.org/sports-medicine/Pages/Sports-Injuries/Concussion/Concussion-Training.aspx

The Utah law is called the Protection of Athletes with Head Injuries Act and is found at Sections 26-53-101 through 26-53-401 of the Utah Health Code. (Utah Code Ann. §§ 26-53-101 through 26-53-401).

Utah law requires amateur sports organizations to adopt and enforce concussion policies.  The statute defines “amateur sports organization” to include a sports team, a public or private school, a public or private sports league, a public or private sports camp and any other public or private organization that organizes, manages, or sponsors a sporting event of its members, enrollees, or attendees. A child is defined as an individual under the age of eighteen (18).  Before permitting a child to participate, the organization must provide parents/guardians information on concussion policies and the parents/guardians must sign a form acknowledging their understanding of the concussion policy.  If a child is suspected of sustaining a concussion, the child shall be immediately removed from participation and may not return until evaluated by a health care professional and cleared in writing.  The health care provider issuing clearance for return to play must have completed a continuing education course within the three (3) years prior to issuing clearance and authorization for return to play.

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

http://le.utah.gov/xcode/Title26/Chapter53/26-53-P1.html?v=C26-53-P1_1800010118000101 (use next or previous section arrows to view desired section)

The following website offers additional information regarding Utah concussion law:

https://vipp.health.utah.gov/traumatic-brain-injury/

The Vermont law is found at 16 V.S.A. Section 1431 under the title dealing with Education and the chapter dealing with health. (Vt. Stat. Ann. tit. 16, § 1431).

This law requires the Secretary of Education to develop statewide guidelines, forms, and information on concussions.  Vermont Law defines “youth athlete” as an elementary or secondary student who is a member of a school athletic team.  The principal of each school must ensure that the information is provided annually to student athletes; each parent/guardian and youth athlete annually sign a form acknowledging receipt of the information; and each coach receive concussion training at least every two years.  Every referee of a high school team contest involving a collision sport shall receive training every two (2) years.  Neither a coach nor a health care provider shall allow continued participation by a youth athlete, if it is either known or should have been known, that the athlete has sustained a concussion or other head injury or is believed to have sustained a concussion or head injury during competition or practice.  The youth athlete may not participate until examined by a health care professional and cleared in writing.  A coach and health care provider are precluded from returning an athlete to play who was removed from play as a result of a concussion or head injury until the athlete is evaluated and written clearance is received from a health care provider.  Section 1431 requires that a home team ensure that a health care provider is present at any athletic event in which a high school athletic team participates in a collision sport, encourages home teams to have a health care provider present at any athletic event  in which a high school athletic team participates in a contact sport, requires a health care provider to notify the visiting team’s athletic director of any concussions sustained within forty-eight (48) hours and requires the school to notify a parent/guardian when a student participating on that school’s athletic team sustains a concussion within twenty-four (24) hours.

The text of 16 V.S.A. §1431 can be viewed online at:

http://legislature.vermont.gov/statutes/section/16/031/01431

The following websites offer additional information regarding Vermont concussion law:

https://www.healthvermont.gov/sites/default/files/documents/pdf/School%20Concussion%20Mgt%20Survey%20Results_August2017.pdf

https://education.vermont.gov/sites/aoe/files/documents/edu-healthy-safe-schools-concussion-guidelines.pdf

http://www.townofbrandon.com/wp-content/uploads/2014/03/Concussion-Acknowledgement-Form1.pdf

The Virginia law is found at Section 22.1-271.5 and Section 22.1-271.6 of the Virginia Code, under the title dealing with education and the chapter dealing with pupils and article pertaining to health provisions. (Va. Code Ann. §22.1-271.5 and §22.1-271.6).

Section 22.1-271.5 requires that the Board of Education develop, biennially update, and distribute guidelines and policies on concussion to each school division.  Each school division must develop policies and procedures for the handling of suspected concussions in student athletes. To be eligible to participate in an extracurricular physical activity, the student athlete and the student athlete’s parent/guardian must annually review concussion information, and both must sign an acknowledgement form.  Any student athlete suspected of sustaining a concussion must be removed from the activity at that time and may not return to play the same day and until evaluated by a licensed health care provider and given written clearance.  The law defines a “non-interscholastic youth sports program” as a program organized for competition or recreational athletic instruction for youth.  A non-interscholastic youth program utilizing public school property is required to establish policies and procedures for identifying and managing concussions consistent with those protocols above or follow the guidelines established by the Board of Education.  The return to learn protocol requires school personnel to be alert for cognitive and academic issues that may arise as a result of a concussion or other head injury and accommodate the gradual return to full participation in academic activities of a student who has sustained a concussion.

Section 22.1-271.6 requires the Board of Education to amend its guidelines related to concussions in student athletes to include a “Return to Learn Protocol” based on requirements set forth in paragraphs 1 and 2 of the statute and is titled School Division Policies and Procedures on Concussions in Students.

Sections 22.1-271.5 and 22.1-271.6 may be viewed online at:

https://law.lis.virginia.gov/vacode/title22.1/chapter14/

The following websites offer additional information regarding Virginia concussion law:

https://www.publichealth.va.gov/docs/exposures/TBI-pocketcard.pdf

https://www.vhsl.org/sports-medicine/concussions/

The Washington law (the Zackery Lystedt Law) is found at Sections 28A.600.190 of the Washington Code under title for Common School Provisions and 4.24.660 under Liability of school districts under contract with youth programs. (Wash. Rev. Code § 28A.600.190 and § 4.24.660).

Section 28A.600.190 requires each school district in conjunction with the Washington Interscholastic Activities Association to develop guidelines and information about concussions to be given to parents and youth athletes annually.  Annually, the student and parent/guardian must sign and return this information sheet before the student may participate in the activity.  A youth athlete suspected of sustaining a concussion must be removed immediately from play and may not return until evaluated by a licensed health care professional trained in the evaluation and management of concussions and cleared in writing.  Section 28A.600.192 mandates public schools to annually report concussions sustained by students during athletic and other activities using a procedure to be developed by the department of health and outlines the information required to be reported.  Section 43.70.435 requires the department of health to develop a reporting procedure and further provides that the department shall annually report to the appropriate committees of the legislature and to the office of the superintendent of public education.

Under section 4.24.660, a private non-profit group using school property during the delivery of a youth program must provide proof of insurance and a certificate of compliance with concussion management policy and cardiac arrest awareness required under the Washington Law.  This section defines “youth programs” as any program or service offered by a private nonprofit group that is operated primarily to provide persons under the age of eighteen (18) with opportunities to participate in services or programs.

Section 4.24.670 titled Liability of volunteers of nonprofit or governmental entities under the chapter dealing with immunities provides that a volunteer of a nonprofit organization or governmental entity shall not be liable for harm caused by an act or omission of a volunteer if the volunteer was acting within the scope of the volunteer’s responsibilities at the time of the act or omission, the volunteer was properly licensed, certified, or authorized by appropriate authorities for the activities or practices where they were undertaken within the scope of the volunteer’s responsibilities, the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct or flagrant indifference to the rights and safety of others, the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft or other vehicle for which the owner is required to either possess an operator’s license or maintain insurance, and the nonprofit organization carries public liability insurance covering the organization’s liability for harm caused to others for which it is directly or vicariously liable in amounts specified.  This section shall not be construed to affect the liability or vicarious liability of any nonprofit or governmental entity against a volunteer, of any nonprofit or governmental entity including the harm caused by the negligence of a volunteer, or to emergency workers registered in accordance with Chapter 38.52 nor the related volunteer organizations to which they belong.  The terms “Economic Loss,” “Harm,” Noneconomic Loss,” “Nonprofit Organization,” and “Volunteer” are defined terms under this section.

The official versions Washington Code Sections 28A.600.190 and 4.24.660 are currently available online at:

https://app.leg.wa.gov/RCW/default.aspx?cite=4.24.670
http://apps.leg.wa.gov/rcw/default.aspx?cite=28A.600.190
https://apps.leg.wa.gov/rcw/default.aspx?cite=28A.600.192
https://app.leg.wa.gov/RCW/default.aspx?cite=43.70.435
http://apps.leg.wa.gov/rcw/default.aspx?cite=4.24.660

The following websites offer additional information regarding Washington Concussion law:

http://www.wiaa.com/subcontent.aspx?SecID=623

http://www.doh.wa.gov/CommunityandEnvironment/Schools/EnvironmentalHealth/ConcussionManagement

The West Virginia law is found in the education statute of the West Virginia Code at Section 18-2-25a and is titled Management of concussions and head injuries in athletics at West Virginia Secondary School Activities Commission member high school or middle school.

West Virginia law applies to interscholastic athletes who participate at any member high or middle school of the West Virginia Secondary School Activities Commission.  “Interscholastic athlete” means any athlete who is participating at a high school or middle school that is a member of the West Virginia Secondary School Commission.  It requires the Commission to promulgate rules addressing concussion and head injuries in interscholastic athletics.  A concussion and head injury information sheet must be signed by the athlete and parent on an annual basis prior to the start of season.  Each head high school and middle school coach of an interscholastic sport at a Commission member school must annually complete a concussion and head injury recognition and return to play protocol course.  An athlete suspected of sustaining a concussion shall be removed from play at that time by a head coach, licensed or registered athletic trainer, or licensed health care provider and may not return until evaluation by qualified licensed health care professional trained in concussion evaluation and management and written clearance to return to play is provided.  All member schools must submit a report to the Commission within 30 days regarding a suspected concussion or head injury

The text of §18-2-25a can be viewed online at:

http://www.wvlegislature.gov/wvcode/chapterentire.cfm?chap=18&art=2&section=25a

The following website offers additional information regarding West Virginia Concussion law:

http://www.wvssac.org/sports-medicine-news/

The Wisconsin law called the “Sidelined for Safety Act” is found at Section 118.293 of the Wisconsin Statutes (W.S.A. Section 118.293).  This law is under the Public Instruction statutes and General School Operations section.

The Wisconsin law requires the Department of Public Instruction and the Wisconsin Interscholastic Association to develop guidelines to inform and educate pupil athletes, their parents or guardians, and coaches of the nature and risks of concussions in youth athletic activities. The statute defines “youth athletic activity” as an organized athletic activity in which participants, a majority of whom are under nineteen (19) years of age, are engaged in an athletic game or competition or in a practice or preparation for an organized athletic game or competition against another team, club, or entity.  Youth athletic activity does not include college or university activity or an activity that is incidental to a nonathletic program.  The law requires a person operating a youth athletic league to distribute a concussion and head injury information sheet annually to each coach and to each participating athlete.  The information sheet for each youth athlete shall be signed by a parent or guardian and returned prior to participation.  A private club is not required to distribute an information sheet to a person who wishes to participate in a youth athletic activity if the person has returned an appropriate signed information sheet to the club within the previously 365 days.  Likewise, a private or public school is not required to issue an information sheet to a pupil who wishes to participate in a youth athletic activity who has previously returned an appropriately signed information for another youth activity operated during the same school year.  The law also requires the removal of a youth athlete by a coach, official or health care provider if it is determined that that person exhibits signs and symptoms of concussion or head injury and if a concussion is suspected.  The athlete may not return until an evaluation by a licensed health care professional and receiving written clearance to return.  The law defines “health care provider” to be a person who holds a credential (license or certificate of certification issued by State of Wisconsin), is trained, and has experience in evaluating and managing pediatric concussions and head injuries and is practicing within the scope of the credential held.   Coaches, officials, or volunteers are immune from civil liability unless an omission rises to the level of gross negligence or wanton or willful misconduct.

The text of § 118.293 is available online at:

https://docs.legis.wisconsin.gov/statutes/statutes/118/293

The following website offers additional information regarding Wisconsin concussion law:

http://www.wiaawi.org/Health/Concussions.aspx

The Wyoming law is found at Sections 21-2-202 and 21-3-110 of the Wyoming Code, under the title dealing with Education. (Wyo. Stat. Ann. §§§ 21.2-202(a) (xxxiii) and 21-3-110(a) (xxxii).

Wyoming law requires the state superintendent and the board of trustees for each school district shall adopt protocols and guidelines regarding concussions.  School district protocols must include training of coaches, restrictions on participation after sustaining a concussion, and means to provide concussion information to students and parents.

The Wyoming Code is currently available online at:

http://www.lexisnexis.com/hottopics/wystatutes/  (using search all documents in this source button search for concussion).

http://www.whsaa.org/handbook/Handbook.pdf  (ctrl “F” and search concussion)