WEST VIRGINIA LEGISLATURE

E N R O L L E D

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 336

(Senators Stollings, Wells, Plymale, Barnes, Beach,

Unger, Palumbo, Kess ler (Mr. President) and Jenkins,

original sponsors)

[Pass ed April 13, 2013; in effect ninety days from pass age.]

E N R O L L E D

COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 336

(SENATORS STOLLINGS, WELLS, PLYMALE, BARNES, BEACH,

UNGER, PALUMBO, KESSLER (MR. PRESIDENT) AND JENKINS,

original sponsors)

__________

[Passed April 13, 2013; in effect ninety days from passage.]

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AN ACT to amend the Code of West Virginia, 1931, as amended,

by adding thereto a new section, designated §18-2-25a, relating

to establishing protocols and protections to limit and treat

injury to youth athletes and students; making legislative

findings with respect to concussions and athletic endeavors;

defining certain terms; requiring certain rules; and setting forth

certain minimum provisions of rules.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended

by adding thereto a new section, designated §18-2-25a, to read as

follows:

ARTICLE 2. STATE BOARD OF EDUCATION.

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§18-2-25a. Management of concussions and head injuries in

athletics at West Virginia Secondary School

Activities Commission member high school or

middle school.

1 (a) The Legislature makes the following findings:

2 (1) Concussions are one of the most commonly reported

3 injuries in children and adolescents who participate in sports

4 and recreational activities. The Centers for Disease Control

5 and Prevention estimates that as many as 3.9 million

6 sports-related and recreation-related concussions occur in the

7 United States each year;

8 (2) A concussion is caused by a blow or motion to the

9 head or body that causes the brain to move rapidly inside the

10 skull. The risk of catastrophic injuries or death is significant

11 when a concussion or head injury is not properly evaluated

12 and managed;

13 (3) Concussions are a type of brain injury that can range

14 from mild to severe and can disrupt the way the brain

15 normally functions;

16 (4) Concussions can occur in any organized or

17 unorganized sport or recreational activity and can result from

18 a fall or from players colliding with each other or with

19 obstacles;

20 (5) Concussions occur with or without loss of

21 consciousness, but the vast majority occur without loss of

22 consciousness;

23 (6) The interscholastic athlete who continues to play or

24 practice with a concussion or symptoms of head injury is

25 especially vulnerable to greater injury and even death; and

3 [Enr. Com. Sub. for Com. Sub. for S. B. No. 336

26 (7) Even with generally recognized return-to-play-and-

27 practice standards for concussion and head injury, some

28 affected interscholastic athletes are prematurely returned to

29 play or practice resulting in increased risk of physical injury

30 or death to the athletes in the State of West Virginia.

31 (b) For the purposes of this section, “interscholastic

32 athlete” means any athlete who is participating in

33 interscholastic athletics at a high school or middle school that

34 is a member of the West Virginia Secondary School

35 Activities Commission. “Licensed health care professional”

36 means a health care provider whose licensed scope of

37 practice includes the ability to diagnose and treat an injury or

38 disease.

39 (c) The West Virginia Secondary School Activities

40 Commission shall promulgate rules pursuant to section

41 twenty-five of this article that address concussions and head

42 injuries in interscholastic athletes: Provided, That prior to

43 state board approval and notwithstanding the exemption

44 provided in section three, article one, chapter twenty-nine-a

45 of this code, the state board shall submit the rule to the

46 Legislative Oversight Commission on Education

47 Accountability pursuant to section nine, article three-b of said

48 code.

49 (d) The rules required by this section shall include, but

50 are not limited to, the following:

51 (1) Guidelines and other pertinent information to inform

52 and educate appropriate school administrators, coaches,

53 interscholastic athletes and their parents or guardians of the

54 nature and risk of concussion and head injury including the

55 risks of continuing to play or practice after a concussion or

56 head injury;

57 (2) A concussion and head injury information sheet that

58 shall be signed and returned by the interscholastic athlete and

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59 the athlete’s parent or guardian on an annual basis before the

60 interscholastic athlete begins practice or competition;

61 (3) A requirement that each head coach of an

62 interscholastic sport at a high school or middle school who is

63 a member of the West Virginia Secondary School Activities

64 Commission complete a commission-approved concussion

65 and head injury recognition and return-to-play protocol

66 course annually;

67 (4) A requirement that an interscholastic athlete who is

68 suspected by a licensed health care professional or by his or

69 her head coach or athletic trainer of having sustained a

70 concussion or head injury in a practice or game shall be

71 removed from competition at that time;

72 (5) A requirement that an interscholastic athlete who has

73 been removed from play or practice may not return to play or

74 practice until the athlete is evaluated by a licensed health care

75 professional trained in the evaluation and management of

76 concussions and receives written clearance to return to play

77 and practice from the licensed health care professional;

78 (6) A list of the respective categories of licensed health

79 care professionals who, if properly trained in the evaluation

80 and management of concussions, are authorized to provide

81 written clearance for the interscholastic athlete to return to

82 play; and

83 (7) A requirement that all member schools must submit

84 a report to the West Virginia Secondary School Activities

85 Commission within thirty days of an interscholastic athlete

86 suffering or being suspected of suffering a concussion or

87 head injury in a practice or game. The report must state

88 whether an evaluation by a licensed health care professional

89 verified that a concussion or head injury was actually

90 suffered, whether the athlete received written clearance to

5 [Enr. Com. Sub. for Com. Sub. for S. B. No. 336

91 return to play or practice and, if written clearance was given,

92 the number of days between the incident and the actual return

93 to play or practice. If written clearance to return to play is

94 given after thirty days of the incident, a report update shall be

95 submitted. The West Virginia Secondary School Activities

96 Commission shall compile and submit the reports to the

97 appropriate state and national organization or agencies to

98 analyze and make determinations on whether the rule

99 required by this section needs to be amended or if equipment

100 worn by interscholastic athlete needs to be changed

101 accordingly.

 

7 [Enr. Com. Sub. for Com. Sub. for S. B. No. 336

The Joint Committee on Enrolled Bills hereby certifies that

the foregoing bill is correctly enrolled.

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Chairman Senate Committee

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Chairman House Committee

Originated in the Senate.

In effect ninety days from passage.

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Clerk of the Senate

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Clerk of the House of Delegates

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President of the Senate

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Speaker of the House of Delegates

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The within .............................................. this the ............

Day of ..........................................................................., 2013.

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Governor