ONGOING UPDATES AND TRAINING FOR

YOUTH ATHLETE CONCUSSION AWARENESS

House Bill 5314 as introduced

Sponsor:  Rep. Thomas B. Hooker

Committee:  Health Policy

Complete to 3-21-16

SUMMARY:

House Bill 5314 would amend the Public Health Code to make several updates to two 2012 acts requiring concussion awareness training programs and a concussion protocol for youth athletes. 

Specifically, Public Acts 342 and 343 of 2012 were intended to do all of the following:

·         Create awareness about concussions among youth athletes and their parents and coaches and the entities that organize or offer youth sports.

·         Apply the bills' requirements to nonprofit and public-sponsored sports programs as well as public and nonpublic elementary and secondary schools (including participation in gym class).

·         Create a concussion awareness training program for coaches and adult employees and volunteers of sports programs.

·         Require immediate withdrawal of a player exhibiting signs of a concussion; require a medical clearance before the player can participate again.

·         Provide exemptions from the bills' requirements.

·         Define terms.

House Bill 5314 would retain all of those provisions, and add requirements for ongoing updates to and participation in the training program. 

Section 9155 of the Public Health Code requires the Department of Health and Human Services (DHHS) to develop, approve, and make available educational materials and a training program on concussions.  The bill would add a provision that DHHS periodically review the training program and, for purposes of Section 9156, make recommendations regarding the frequency of the training program based on changes to the training program that are developed, adopted, or approved by DHHS.  

Section 9156 of the Public Health Code requires that before an applicable organization begins a program subject to this section, it must ensure that its coaches, employees, volunteers, and other adults involved in applicable youth sports activities, participate in the concussion awareness training program under Section 9155. The bill would add a requirement that those adults complete that training program once every three years, unless DHHS recommends more frequent trainings.

Additionally, a coach or other adult acting on behalf of an organization associated with a youth athletic event must immediately remove from physical participation an athlete suspected of sustaining a concussion during the athletic activity.  That youth athlete may not return to the activity without an evaluation and written clearance by a health professional.  The written clearance must be kept in a permanent file by the youth athletic organization until the youth is 18 years of age.  House Bill 5314 would amend that requirement so that the clearance is held on file until the youth is 18 or until the youth athlete is enrolled solely in an institution of higher education. 

The bill defines an institute of higher education as a degree or certificate granting public or private college or university, junior college, or community college.

The bill would take effect 90 days after enactment.

MCL 333.9155 and 333.9156.

FISCAL IMPACT:

HB 5314 would have minimal cost implications for the Department of Health and Human Services to periodically review and revise the concussion awareness training program and the recommended frequency of completion of the program, and no fiscal impact on local school districts or local units of government.  Currently, concussion awareness training program certification is required for coaches, employees, volunteers, and other adults involved in applicable youth sports activities, and this bill would revise to add that the concussion awareness training program be completed once every three years, unless the department recommends more frequent training.  Since there are multiple free online training programs, there is no fiscal impact.  

                                                                                        Legislative Analyst:   Jennifer McInerney

                                                                                                Fiscal Analyst:   Susan Frey

                                                                                                                           Bethany Wicksall

                                                                                                                           Samuel Christensen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.