As Passed by the House

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 143


Representatives Stinziano, O'Brien 

Cosponsors: Representatives Grossman, Mallory, Milkovich, Hagan, R., Foley, Clyde, Letson, Yuko, Reece, Combs, Murray, Garland, Antonio, Henne, Sears, Ashford, Boyce, Carney, Celebrezze, Celeste, Goyal, Hackett, Newbold, Pillich, Ramos, Sprague, Williams 



A BILL
To amend sections 3314.03, 3319.303, and 3326.11 and 1
to enact sections 3313.539, 3314.142, 3326.26, 2
3707.51, 3707.511, and 3707.52 of the Revised Code 3
with regard to concussions and head injuries in 4
youth sports.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3314.03, 3319.303, and 3326.11 be 6
amended and sections 3313.539, 3314.142, 3326.26, 3707.51, 7
3707.511, and 3707.52 of the Revised Code be enacted to read as 8
follows:9

       Sec. 3313.539. (A) No school district board of education or 10
governing authority of a chartered or nonchartered nonpublic 11
school shall permit a student to practice for or compete in 12
interscholastic athletics until the student has submitted, to a 13
school official designated by the board or governing authority, a 14
form signed by the parent, guardian, or other person having care 15
or charge of the student stating that the student and the parent, 16
guardian, or other person having care or charge of the student 17
have received the concussion and head injury information sheet 18
required by section 3707.52 of the Revised Code. A completed form 19
shall be submitted each school year, as defined in section 3313.62 20
of the Revised Code, for each sport or other category of 21
interscholastic athletics for or in which the student practices or 22
competes.23

       (B)(1) No school district board of education or governing 24
authority of a chartered or nonchartered nonpublic school shall 25
permit an individual to coach interscholastic athletics unless the 26
individual holds a pupil-activity program permit issued under 27
section 3319.303 of the Revised Code for coaching interscholastic 28
athletics.29

       (2) No school district board of education or governing 30
authority of a chartered or nonchartered nonpublic school shall 31
permit an individual to referee interscholastic athletics unless 32
the individual holds a pupil-activity program permit issued under 33
section 3319.303 of the Revised Code for coaching interscholastic 34
athletics or presents evidence that the individual has 35
successfully completed, within the previous three years, a 36
training program in recognizing and evaluating concussions and 37
head injuries to which the department of health has provided a 38
link on its internet web site under section 3707.52 of the Revised 39
Code.40

       (C) If a student practicing for or competing in an 41
interscholastic athletic event exhibits signs, symptoms, or 42
behaviors consistent with having sustained a concussion or head 43
injury while participating in the practice or competition, the 44
student shall be removed from the practice or competition by the 45
individual who is serving as the student's coach during that 46
practice or competition.47

       (D)(1) If a student is removed from practice or competition 48
under division (C) of this section, the coach who removed the 49
student shall not allow the student, on the same day the student 50
is removed, to return to that practice or competition or to 51
participate in any other practice or competition for which the 52
coach is responsible. Thereafter, the coach shall not allow the 53
student to return to that practice or competition or to 54
participate in any other practice or competition for which the 55
coach is responsible until both of the following conditions are 56
satisfied:57

       (a) The student's condition is assessed by either of the 58
following:59

       (i) A physician authorized under Chapter 4731. of the Revised 60
Code to practice medicine and surgery or osteopathic medicine and 61
surgery;62

        (ii) Any other licensed health care provider the school 63
district board of education or governing authority of the 64
chartered or nonchartered nonpublic school, pursuant to division 65
(D)(2) of this section, authorizes to assess a student who has 66
been removed from practice or competition under division (C) of 67
this section.68

       (b) The student receives written clearance that it is safe 69
for the student to return to practice or competition from either a 70
physician or from another licensed health care provider authorized 71
pursuant to division (D)(2) of this section to grant the 72
clearance.73

       (2) A school district board of education or governing 74
authority of a chartered or nonchartered nonpublic school may 75
authorize a licensed health care provider who is not a physician 76
to make an assessment or provide a clearance for purposes of 77
division (D)(1) of this section if the provider presents evidence 78
satisfactory to the board or governing authority of either of the 79
following:80

       (a) That concussion evaluation and treatment are included in 81
the services that are authorized by the statutes, rules, or 82
licensing agency governing the health profession that is practiced 83
by the provider;84

       (b) That the provider will act in consultation with or 85
pursuant to the referral of a physician or, if the laws of this 86
state require that the provider be supervised by a physician, 87
under the supervision of a physician.88

       (3) A physician or other licensed health care provider who 89
makes an assessment or grants a clearance for purposes of division 90
(D)(1) of this section may be a volunteer.91

       (E) A school district board of education or governing 92
authority of a chartered or nonchartered nonpublic school that is 93
subject to the rules of an interscholastic conference or an 94
organization that regulates interscholastic conferences or events 95
shall be considered to be in compliance with divisions (A), (C), 96
and (D) of this section, as long as the requirements of those 97
rules are equivalent to or more stringent than the requirements of 98
divisions (A), (C), and (D) of this section.99

       (F)(1) A school district, member of a school district board 100
of education, or school district employee or volunteer, including 101
a coach or referee, is not liable in damages in a civil action for 102
injury, death, or loss to person or property allegedly arising 103
from providing services or performing duties under this section, 104
unless the act or omission constitutes willful or wanton 105
misconduct.106

       This section does not eliminate, limit, or reduce any other 107
immunity or defense that a school district, member of a school 108
district board of education, or school district employee or 109
volunteer, including a coach or referee, may be entitled to under 110
Chapter 2744. or any other provision of the Revised Code or under 111
the common law of this state.112

       (2) A chartered or nonchartered nonpublic school or any 113
officer, director, employee, or volunteer of the school, including 114
a coach or referee, is not liable in damages in a civil action for 115
injury, death, or loss to person or property allegedly arising 116
from providing services or performing duties under this section, 117
unless the act or omission constitutes willful or wanton 118
misconduct.119

       Sec. 3314.03.  A copy of every contract entered into under 120
this section shall be filed with the superintendent of public 121
instruction.122

       (A) Each contract entered into between a sponsor and the 123
governing authority of a community school shall specify the 124
following:125

       (1) That the school shall be established as either of the 126
following:127

       (a) A nonprofit corporation established under Chapter 1702. 128
of the Revised Code, if established prior to April 8, 2003;129

       (b) A public benefit corporation established under Chapter 130
1702. of the Revised Code, if established after April 8, 2003.131

       (2) The education program of the school, including the 132
school's mission, the characteristics of the students the school 133
is expected to attract, the ages and grades of students, and the 134
focus of the curriculum;135

       (3) The academic goals to be achieved and the method of 136
measurement that will be used to determine progress toward those 137
goals, which shall include the statewide achievement assessments;138

       (4) Performance standards by which the success of the school 139
will be evaluated by the sponsor;140

       (5) The admission standards of section 3314.06 of the Revised 141
Code and, if applicable, section 3314.061 of the Revised Code;142

       (6)(a) Dismissal procedures;143

       (b) A requirement that the governing authority adopt an 144
attendance policy that includes a procedure for automatically 145
withdrawing a student from the school if the student without a 146
legitimate excuse fails to participate in one hundred five 147
consecutive hours of the learning opportunities offered to the 148
student.149

       (7) The ways by which the school will achieve racial and 150
ethnic balance reflective of the community it serves;151

       (8) Requirements for financial audits by the auditor of 152
state. The contract shall require financial records of the school 153
to be maintained in the same manner as are financial records of 154
school districts, pursuant to rules of the auditor of state. 155
Audits shall be conducted in accordance with section 117.10 of the 156
Revised Code.157

       (9) The facilities to be used and their locations;158

       (10) Qualifications of teachers, including the following:159

       (a) A requirement that the school's classroom teachers be 160
licensed in accordance with sections 3319.22 to 3319.31 of the 161
Revised Code, except that a community school may engage 162
noncertificated persons to teach up to twelve hours per week 163
pursuant to section 3319.301 of the Revised Code;164

       (b) A requirement that each classroom teacher initially hired 165
by the school on or after July 1, 2013, and employed to provide 166
instruction in physical education hold a valid license issued 167
pursuant to section 3319.22 of the Revised Code for teaching 168
physical education.169

       (11) That the school will comply with the following 170
requirements:171

       (a) The school will provide learning opportunities to a 172
minimum of twenty-five students for a minimum of nine hundred 173
twenty hours per school year.174

       (b) The governing authority will purchase liability 175
insurance, or otherwise provide for the potential liability of the 176
school.177

       (c) The school will be nonsectarian in its programs, 178
admission policies, employment practices, and all other 179
operations, and will not be operated by a sectarian school or 180
religious institution.181

       (d) The school will comply with sections 9.90, 9.91, 109.65, 182
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 183
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,184
3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 185
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 186
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 187
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817, 188
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 189
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 190
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 191
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. 192
of the Revised Code as if it were a school district and will 193
comply with section 3301.0714 of the Revised Code in the manner 194
specified in section 3314.17 of the Revised Code.195

       (e) The school shall comply with Chapter 102. and section 196
2921.42 of the Revised Code.197

       (f) The school will comply with sections 3313.61, 3313.611, 198
and 3313.614 of the Revised Code, except that for students who 199
enter ninth grade for the first time before July 1, 2010, the 200
requirement in sections 3313.61 and 3313.611 of the Revised Code 201
that a person must successfully complete the curriculum in any 202
high school prior to receiving a high school diploma may be met by 203
completing the curriculum adopted by the governing authority of 204
the community school rather than the curriculum specified in Title 205
XXXIII of the Revised Code or any rules of the state board of 206
education. Beginning with students who enter ninth grade for the 207
first time on or after July 1, 2010, the requirement in sections 208
3313.61 and 3313.611 of the Revised Code that a person must 209
successfully complete the curriculum of a high school prior to 210
receiving a high school diploma shall be met by completing the 211
Ohio core curriculum prescribed in division (C) of section 212
3313.603 of the Revised Code, unless the person qualifies under 213
division (D) or (F) of that section. Each school shall comply with 214
the plan for awarding high school credit based on demonstration of 215
subject area competency, adopted by the state board of education 216
under division (J) of section 3313.603 of the Revised Code.217

       (g) The school governing authority will submit within four 218
months after the end of each school year a report of its 219
activities and progress in meeting the goals and standards of 220
divisions (A)(3) and (4) of this section and its financial status 221
to the sponsor and the parents of all students enrolled in the 222
school.223

       (h) The school, unless it is an internet- or computer-based 224
community school, will comply with sections 3313.674 and 3313.801 225
of the Revised Code as if it were a school district.226

       (i) If the school is the recipient of moneys from a grant 227
awarded under the federal race to the top program, Division (A), 228
Title XIV, Sections 14005 and 14006 of the "American Recovery and 229
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 230
school will pay teachers based upon performance in accordance with 231
section 3317.141 and will comply with section 3319.111 of the 232
Revised Code as if it were a school district.233

       (12) Arrangements for providing health and other benefits to 234
employees;235

       (13) The length of the contract, which shall begin at the 236
beginning of an academic year. No contract shall exceed five years 237
unless such contract has been renewed pursuant to division (E) of 238
this section.239

       (14) The governing authority of the school, which shall be 240
responsible for carrying out the provisions of the contract;241

       (15) A financial plan detailing an estimated school budget 242
for each year of the period of the contract and specifying the 243
total estimated per pupil expenditure amount for each such year. 244
The plan shall specify for each year the base formula amount that 245
will be used for purposes of funding calculations under section 246
3314.08 of the Revised Code. This base formula amount for any year 247
shall not exceed the formula amount defined under section 3317.02 248
of the Revised Code. The plan may also specify for any year a 249
percentage figure to be used for reducing the per pupil amount of 250
the subsidy calculated pursuant to section 3317.029 of the Revised 251
Code the school is to receive that year under section 3314.08 of 252
the Revised Code.253

       (16) Requirements and procedures regarding the disposition of 254
employees of the school in the event the contract is terminated or 255
not renewed pursuant to section 3314.07 of the Revised Code;256

       (17) Whether the school is to be created by converting all or 257
part of an existing public school or educational service center 258
building or is to be a new start-up school, and if it is a 259
converted public school or service center building, specification 260
of any duties or responsibilities of an employer that the board of 261
education or service center governing board that operated the 262
school or building before conversion is delegating to the 263
governing authority of the community school with respect to all or 264
any specified group of employees provided the delegation is not 265
prohibited by a collective bargaining agreement applicable to such 266
employees;267

       (18) Provisions establishing procedures for resolving 268
disputes or differences of opinion between the sponsor and the 269
governing authority of the community school;270

       (19) A provision requiring the governing authority to adopt a 271
policy regarding the admission of students who reside outside the 272
district in which the school is located. That policy shall comply 273
with the admissions procedures specified in sections 3314.06 and 274
3314.061 of the Revised Code and, at the sole discretion of the 275
authority, shall do one of the following:276

       (a) Prohibit the enrollment of students who reside outside 277
the district in which the school is located;278

       (b) Permit the enrollment of students who reside in districts 279
adjacent to the district in which the school is located;280

       (c) Permit the enrollment of students who reside in any other 281
district in the state.282

       (20) A provision recognizing the authority of the department 283
of education to take over the sponsorship of the school in 284
accordance with the provisions of division (C) of section 3314.015 285
of the Revised Code;286

       (21) A provision recognizing the sponsor's authority to 287
assume the operation of a school under the conditions specified in 288
division (B) of section 3314.073 of the Revised Code;289

        (22) A provision recognizing both of the following:290

       (a) The authority of public health and safety officials to 291
inspect the facilities of the school and to order the facilities 292
closed if those officials find that the facilities are not in 293
compliance with health and safety laws and regulations;294

       (b) The authority of the department of education as the 295
community school oversight body to suspend the operation of the 296
school under section 3314.072 of the Revised Code if the 297
department has evidence of conditions or violations of law at the 298
school that pose an imminent danger to the health and safety of 299
the school's students and employees and the sponsor refuses to 300
take such action.301

        (23) A description of the learning opportunities that will be 302
offered to students including both classroom-based and 303
non-classroom-based learning opportunities that is in compliance 304
with criteria for student participation established by the 305
department under division (L)(2) of section 3314.08 of the Revised 306
Code;307

       (24) The school will comply with sections 3302.04 and 308
3302.041 of the Revised Code, except that any action required to 309
be taken by a school district pursuant to those sections shall be 310
taken by the sponsor of the school. However, the sponsor shall not 311
be required to take any action described in division (F) of 312
section 3302.04 of the Revised Code.313

       (25) Beginning in the 2006-2007 school year, the school will 314
open for operation not later than the thirtieth day of September 315
each school year, unless the mission of the school as specified 316
under division (A)(2) of this section is solely to serve dropouts. 317
In its initial year of operation, if the school fails to open by 318
the thirtieth day of September, or within one year after the 319
adoption of the contract pursuant to division (D) of section 320
3314.02 of the Revised Code if the mission of the school is solely 321
to serve dropouts, the contract shall be void.322

       (B) The community school shall also submit to the sponsor a 323
comprehensive plan for the school. The plan shall specify the 324
following:325

       (1) The process by which the governing authority of the 326
school will be selected in the future;327

       (2) The management and administration of the school;328

       (3) If the community school is a currently existing public 329
school or educational service center building, alternative 330
arrangements for current public school students who choose not to 331
attend the converted school and for teachers who choose not to 332
teach in the school or building after conversion;333

       (4) The instructional program and educational philosophy of 334
the school;335

       (5) Internal financial controls.336

       (C) A contract entered into under section 3314.02 of the 337
Revised Code between a sponsor and the governing authority of a 338
community school may provide for the community school governing 339
authority to make payments to the sponsor, which is hereby 340
authorized to receive such payments as set forth in the contract 341
between the governing authority and the sponsor. The total amount 342
of such payments for oversight and monitoring of the school shall 343
not exceed three per cent of the total amount of payments for 344
operating expenses that the school receives from the state.345

       (D) The contract shall specify the duties of the sponsor 346
which shall be in accordance with the written agreement entered 347
into with the department of education under division (B) of 348
section 3314.015 of the Revised Code and shall include the 349
following:350

        (1) Monitor the community school's compliance with all laws 351
applicable to the school and with the terms of the contract;352

        (2) Monitor and evaluate the academic and fiscal performance 353
and the organization and operation of the community school on at 354
least an annual basis;355

        (3) Report on an annual basis the results of the evaluation 356
conducted under division (D)(2) of this section to the department 357
of education and to the parents of students enrolled in the 358
community school;359

        (4) Provide technical assistance to the community school in 360
complying with laws applicable to the school and terms of the 361
contract;362

        (5) Take steps to intervene in the school's operation to 363
correct problems in the school's overall performance, declare the 364
school to be on probationary status pursuant to section 3314.073 365
of the Revised Code, suspend the operation of the school pursuant 366
to section 3314.072 of the Revised Code, or terminate the contract 367
of the school pursuant to section 3314.07 of the Revised Code as 368
determined necessary by the sponsor;369

        (6) Have in place a plan of action to be undertaken in the 370
event the community school experiences financial difficulties or 371
closes prior to the end of a school year.372

        (E) Upon the expiration of a contract entered into under this 373
section, the sponsor of a community school may, with the approval 374
of the governing authority of the school, renew that contract for 375
a period of time determined by the sponsor, but not ending earlier 376
than the end of any school year, if the sponsor finds that the 377
school's compliance with applicable laws and terms of the contract 378
and the school's progress in meeting the academic goals prescribed 379
in the contract have been satisfactory. Any contract that is 380
renewed under this division remains subject to the provisions of 381
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.382

       (F) If a community school fails to open for operation within 383
one year after the contract entered into under this section is 384
adopted pursuant to division (D) of section 3314.02 of the Revised 385
Code or permanently closes prior to the expiration of the 386
contract, the contract shall be void and the school shall not 387
enter into a contract with any other sponsor. A school shall not 388
be considered permanently closed because the operations of the 389
school have been suspended pursuant to section 3314.072 of the 390
Revised Code. 391

       Sec. 3314.142. (A) A community school, member of a community 392
school governing authority, community school employee or 393
volunteer, community school operator, or employee or volunteer of 394
a community school operator, including a coach or referee, is not 395
liable in damages in a civil action for injury, death, or loss to 396
person or property allegedly arising from providing services or 397
performing duties under section 3313.539 of the Revised Code, 398
unless the act or omission constitutes willful or wanton 399
misconduct.400

       (B) This section does not eliminate, limit, or reduce any 401
other immunity or defense that a community school, member of a 402
community school governing authority, community school employee or 403
volunteer, community school operator, or employee or volunteer of 404
a community school operator, including a coach or referee, may be 405
entitled to under Chapter 2744. or any other provision of the 406
Revised Code or under the common law of this state.407

       Sec. 3319.303. (A) The state board of education shall adopt 408
rules establishing standards and requirements for obtaining a 409
pupil-activity program permit for any individual who does not hold 410
a valid educator license, certificate, or permit issued by the 411
state board under section 3319.22, 3319.26, or 3319.27 of the 412
Revised Code. The permit issued under this section shall be valid 413
for coaching, supervising, or directing a pupil-activity program 414
under section 3313.53 of the Revised Code. Subject to the 415
provisions of section 3319.31 of the Revised Code, a permit issued 416
under this section shall be valid for three years and shall be 417
renewable.418

        (B) The state board shall adopt rules applicable to 419
individuals who hold valid educator licenses, certificates, or 420
permits issued by the state board under section 3319.22, 3319.26, 421
or 3319.27 of the Revised Code setting forth standards to assure 422
any such individual's competence to direct, supervise, or coach a 423
pupil-activity program. The rules adopted under this division 424
shall not be more stringent than the standards set forth in rules 425
applicable to individuals who do not hold such licenses, 426
certificates, or permits adopted under division (A) of this 427
section.428

       (C) As a condition to issuing or renewing a pupil-activity 429
program permit to coach interscholastic athletics:430

       (1) The state board shall require each individual applying 431
for a first permit on or after the effective date of this 432
amendment to successfully complete a training program that is 433
specifically focused on brain trauma and brain injury management.434

       (2) The state board shall require each individual applying 435
for a permit renewal on or after that date to present evidence 436
that the individual has successfully completed, within the 437
previous three years, a training program in recognizing and 438
evaluating concussions and head injuries to which the department 439
of health has provided a link on its internet web site under 440
section 3707.52 of the Revised Code. 441

       Sec. 3326.11. Each science, technology, engineering, and 442
mathematics school established under this chapter and its 443
governing body shall comply with sections 9.90, 9.91, 109.65, 444
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 445
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 446
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 447
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, 448
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 449
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 450
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, 451
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, 452
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, 453
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 454
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 455
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 456
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 457
4123., 4141., and 4167. of the Revised Code as if it were a school 458
district.459

       Sec. 3326.26. (A) A STEM school, member of a STEM school 460
governing body, or STEM school employee or volunteer, including a 461
coach or referee, is not liable in damages in a civil action for 462
injury, death, or loss to person or property allegedly arising 463
from providing services or performing duties under section 464
3313.539 of the Revised Code, unless the act or omission 465
constitutes willful or wanton misconduct.466

       (B) This section does not eliminate, limit, or reduce any 467
other immunity or defense that a STEM school, member of a STEM 468
school governing body, or STEM school employee or volunteer, 469
including a coach or referee, may be entitled to under Chapter 470
2744. or any other provision of the Revised Code or under the 471
common law of this state.472

       Sec. 3707.51. As used in sections 3707.511 and 3707.52 of the 473
Revised Code, "youth sports organization" means a public or 474
nonpublic entity that organizes an athletic activity in which the 475
athletes are not more than nineteen years of age and are required 476
to pay a fee to participate in the athletic activity or whose cost 477
to participate is sponsored by a business or nonprofit 478
organization.479

       Sec. 3707.511.  (A) A youth sports organization shall provide 480
to the parent, guardian, or other person having care or charge of 481
an individual who wishes to practice for or compete in an athletic 482
activity organized by a youth sports organization the concussion 483
and head injury information sheet required by section 3707.52 of 484
the Revised Code. The organization shall provide the information 485
sheet annually for each sport or other category of athletic 486
activity for or in which the individual practices or competes.487

        (B)(1) No individual shall act as a coach or referee for a 488
youth sports organization unless the individual holds a 489
pupil-activity program permit issued under section 3319.303 of the 490
Revised Code for coaching interscholastic athletics or presents 491
evidence that the individual has successfully completed, within 492
the previous three years, a training program in recognizing and 493
evaluating concussions and head injuries to which the department 494
of health has provided a link on its internet web site under 495
section 3707.52 of the Revised Code.496

       (2) The youth sports organization for which the individual 497
intends to act as a coach or referee shall inform the individual 498
of the requirement described in division (B)(1) of this section.499

       (C) If an individual practicing for or competing in an 500
athletic event organized by a youth sports organization exhibits 501
signs, symptoms, or behaviors consistent with having sustained a 502
concussion or head injury while participating in the practice or 503
competition, the individual shall be removed from the practice or 504
competition by one of the following:505

       (1) The individual who is serving as the individual's coach 506
during that practice or competition;507

       (2) An individual who is serving as a referee during that 508
practice or competition;509

       (3) An official of the youth sports organization who is 510
supervising that practice or competition.511

       (D)(1) If an individual is removed from practice or 512
competition under division (C) of this section, the coach, 513
referee, or official who removed the individual shall not allow 514
the individual, on the same day the individual is removed, to 515
return to that practice or competition or to participate in any 516
other practice or competition for which the coach, referee, or 517
official is responsible. Thereafter, the coach, referee, or 518
official shall not allow the student to return to that practice or 519
competition or to participate in any other practice or competition 520
for which the coach, referee, or official is responsible until 521
both of the following conditions are satisfied:522

       (a) The individual's condition is assessed by either of the 523
following:524

       (i) A physician authorized under Chapter 4731. of the Revised 525
Code to practice medicine and surgery or osteopathic medicine and 526
surgery;527

        (ii) Any other licensed health care provider the youth sports 528
organization, pursuant to division (D)(2) of this section, 529
authorizes to assess an individual who has been removed from 530
practice or competition under division (C) of this section.531

       (b) The individual receives written clearance that it is safe 532
for the individual to return to practice or competition from 533
either a physician or from another licensed health care provider 534
authorized pursuant to division (D)(2) of this section to grant 535
the clearance.536

       (2) A youth sports organization may authorize a licensed 537
health care provider who is not a physician to make an assessment 538
or provide a clearance for purposes of division (D)(1) of this 539
section if the provider presents evidence satisfactory to the 540
organization of either of the following:541

       (a) That concussion evaluation and treatment are included in 542
the services that are authorized by the statutes, rules, or 543
licensing agency governing the health profession that is practiced 544
by the provider;545

       (b) That the provider will act in consultation with or 546
pursuant to the referral of a physician or, if the laws of this 547
state require that the provider be supervised by a physician, 548
under the supervision of a physician.549

       (3) A physician or other licensed health care provider who 550
makes an assessment or grants a clearance for purposes of division 551
(D)(1) of this section may be a volunteer.552

       (E)(1) A youth sports organization or official, employee, or 553
volunteer of a youth sports organization, including a coach or 554
referee, is not liable in damages in a civil action for injury, 555
death, or loss to person or property allegedly arising from 556
providing services or performing duties under this section, unless 557
the act or omission constitutes willful or wanton misconduct.558

       (2) This section does not eliminate, limit, or reduce any 559
other immunity or defense that a public entity, public official, 560
or public employee may be entitled to under Chapter 2744. or any 561
other provision of the Revised Code or under the common law of 562
this state.563

       Sec. 3707.52. (A) The department of health shall create a 564
concussion and head injury information sheet for participants in 565
interscholastic athletics and youth sports organizations. The 566
department shall include in the information sheet pertinent 567
information to inform and educate coaches, athletes, and the 568
parents, guardians, or other persons having care or charge of 569
athletes of the signs and symptoms of concussion or head injury 570
and the risks of continuing to practice for or compete in an 571
athletic event or activity after sustaining a concussion or head 572
injury. The department periodically shall review the information 573
sheet and update it accordingly.574

       The department shall make the information sheet available on 575
its internet web site in a format suitable for easy downloading 576
and printing.577

       (B) The department shall provide a link on its internet web 578
site to one or more free online training programs in recognizing 579
and evaluating concussions and head injuries. The department shall 580
include one or more programs that are appropriate for coaches or 581
referees of schools or youth sports organizations seeking to 582
fulfill the requirements of section 3313.539 or 3707.511 of the 583
Revised Code.584

       Section 2. That existing sections 3314.03, 3319.303, and 585
3326.11 of the Revised Code are hereby repealed.586

       Section 3. Sections 3313.539, 3314.03, 3314.142, 3319.303, 587
3326.11, 3326.26, and 3707.511 of the Revised Code, as amended or 588
enacted by this act, shall take effect thirty days after the 589
effective date of this section.590