Senators are reviewing a House bill that would establish guidelines to deal with sports related head trauma or concussions.
The bill would mandate that each government agency, private school and private association that sponsors or provides youth athletic activities require coaches to complete an annual concussion recognition education course. The Department of Heal is charged with providing the required concussion recognition course.
The bill states that if a coach, or official, required to complete the concussion recognition education suspects that an athlete has sustained a concussion in a game or practice, they must immediately remove the athlete from the game, competition or practice.
If the athlete is removed from play and the signs and symptoms cannot be readily explained by a condition other than a concussion the coach shall not permit the athlete to return to play or participate in any team activities that involve physical exertion until they have been evaluated by a health professional, and receives a written clearance to return to play from the health professional.
A coach, official, the government or the governing board of a private association, shall not be held liable for any civil damages that result from a sports concussion if the requirement of the bill are substantially complied with and the acts of omissions were not grossly negligent or willful or wanton.
The bill allows a party in interest, including the parent or legal guardian of an athlete, to petition the High Court for injunctive or declaratory relief for enforcement of the concussions recognition education course provisions.
In such an action, the prevailing party as determined by the court, shall be entitled to recovery of attorney fees and costs to be determined by the court.
The bill’s sponsor, Rep. Larry Sanitoa, has tried two times before to get the concussion bill passed.
