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To amend sections 3313.539, 3319.303, and 3707.48 of | 1 |
the Revised Code to correct a cross reference with | 2 |
regard to concussions and head injuries in | 3 |
athletic activities organized by youth sports | 4 |
organizations, to clarify certain references to | 5 |
organizations that regulate interscholastic | 6 |
athletics, and to declare an emergency. | 7 |
Section 1. That sections 3313.539, 3319.303, and 3707.48 of | 8 |
the Revised Code be amended to read as follows: | 9 |
Sec. 3313.539. (A) As used in this section, "physician" means | 10 |
a person authorized under Chapter 4731. of the Revised Code to | 11 |
practice medicine and surgery or osteopathic medicine and surgery. | 12 |
(B) No school district board of education or governing | 13 |
authority of a chartered or nonchartered nonpublic school shall | 14 |
permit a student to practice for or compete in interscholastic | 15 |
athletics until the student has submitted, to a school official | 16 |
designated by the board or governing authority, a form signed by | 17 |
the parent, guardian, or other person having care or charge of the | 18 |
student stating that the student and the parent, guardian, or | 19 |
other person having care or charge of the student have received | 20 |
the concussion and head injury information sheet required by | 21 |
section 3707.52 of the Revised Code. A completed form shall be | 22 |
submitted each school year, as defined in section 3313.62 of the | 23 |
Revised Code, for each sport or other category of interscholastic | 24 |
athletics for or in which the student practices or competes. | 25 |
(C)(1) No school district board of education or governing | 26 |
authority of a chartered or nonchartered nonpublic school shall | 27 |
permit an individual to coach interscholastic athletics unless the | 28 |
individual holds a pupil-activity program permit issued under | 29 |
section 3319.303 of the Revised Code for coaching interscholastic | 30 |
athletics. | 31 |
(2) No school district board of education or governing | 32 |
authority of a chartered or nonchartered nonpublic school shall | 33 |
permit an individual to referee interscholastic athletics unless | 34 |
the individual holds a pupil-activity program permit issued under | 35 |
section 3319.303 of the Revised Code for coaching interscholastic | 36 |
athletics or presents evidence that the individual has | 37 |
successfully completed, within the previous three years, a | 38 |
training program in recognizing the symptoms of concussions and | 39 |
head injuries to which the department of health has provided a | 40 |
link on its internet web site under section 3707.52 of the Revised | 41 |
Code or a training program authorized and required by an | 42 |
organization that regulates interscholastic | 43 |
athletic competition and conducts interscholastic athletic events. | 44 |
(D) If a student practicing for or competing in an | 45 |
interscholastic athletic event exhibits signs, symptoms, or | 46 |
behaviors consistent with having sustained a concussion or head | 47 |
injury while participating in the practice or competition, the | 48 |
student shall be removed from the practice or competition by | 49 |
either of the following: | 50 |
(1) The individual who is serving as the student's coach | 51 |
during that practice or competition; | 52 |
(2) An individual who is serving as a referee during that | 53 |
practice or competition. | 54 |
(E)(1) If a student is removed from practice or competition | 55 |
under division (D) of this section, the coach or referee who | 56 |
removed the student shall not allow the student, on the same day | 57 |
the student is removed, to return to that practice or competition | 58 |
or to participate in any other practice or competition for which | 59 |
the coach or referee is responsible. Thereafter, the coach or | 60 |
referee shall not allow the student to return to that practice or | 61 |
competition or to participate in any other practice or competition | 62 |
for which the coach or referee is responsible until both of the | 63 |
following conditions are satisfied: | 64 |
(a) The student's condition is assessed by either of the | 65 |
following: | 66 |
(i) A physician; | 67 |
(ii) Any other licensed health care provider the school | 68 |
district board of education or governing authority of the | 69 |
chartered or nonchartered nonpublic school, pursuant to division | 70 |
(E)(2) of this section, authorizes to assess a student who has | 71 |
been removed from practice or competition under division (D) of | 72 |
this section. | 73 |
(b) The student receives written clearance that it is safe | 74 |
for the student to return to practice or competition from a | 75 |
physician or from another licensed health care provider authorized | 76 |
pursuant to division (E)(2) of this section to grant the | 77 |
clearance. | 78 |
(2) A school district board of education or governing | 79 |
authority of a chartered or nonchartered nonpublic school may | 80 |
authorize a licensed health care provider who is not a physician | 81 |
to make an assessment or grant a clearance for purposes of | 82 |
division (E)(1) of this section only if the provider is acting in | 83 |
accordance with one of the following, as applicable to the | 84 |
provider's authority to practice in this state: | 85 |
(a) In consultation with a physician; | 86 |
(b) Pursuant to the referral of a physician; | 87 |
(c) In collaboration with a physician; | 88 |
(d) Under the supervision of a physician. | 89 |
(3) A physician or other licensed health care provider who | 90 |
makes an assessment or grants a clearance for purposes of division | 91 |
(E)(1) of this section may be a volunteer. | 92 |
(F) A school district board of education or governing | 93 |
authority of a chartered or nonchartered nonpublic school that is | 94 |
subject to the rules of an interscholastic conference or an | 95 |
organization that regulates interscholastic | 96 |
athletic competition and conducts interscholastic athletic events | 97 |
shall be considered to be in compliance with divisions (B), (D), | 98 |
and (E) of this section, as long as the requirements of those | 99 |
rules are substantially similar to the requirements of divisions | 100 |
(B), (D), and (E) of this section. | 101 |
(G)(1) A school district, member of a school district board | 102 |
of education, or school district employee or volunteer, including | 103 |
a coach or referee, is not liable in damages in a civil action for | 104 |
injury, death, or loss to person or property allegedly arising | 105 |
from providing services or performing duties under this section, | 106 |
unless the act or omission constitutes willful or wanton | 107 |
misconduct. | 108 |
This section does not eliminate, limit, or reduce any other | 109 |
immunity or defense that a school district, member of a school | 110 |
district board of education, or school district employee or | 111 |
volunteer, including a coach or referee, may be entitled to under | 112 |
Chapter 2744. or any other provision of the Revised Code or under | 113 |
the common law of this state. | 114 |
(2) A chartered or nonchartered nonpublic school or any | 115 |
officer, director, employee, or volunteer of the school, including | 116 |
a coach or referee, is not liable in damages in a civil action for | 117 |
injury, death, or loss to person or property allegedly arising | 118 |
from providing services or performing duties under this section, | 119 |
unless the act or omission constitutes willful or wanton | 120 |
misconduct. | 121 |
Sec. 3319.303. (A) The state board of education shall adopt | 122 |
rules establishing standards and requirements for obtaining a | 123 |
pupil-activity program permit for any individual who does not hold | 124 |
a valid educator license, certificate, or permit issued by the | 125 |
state board under section 3319.22, 3319.26, or 3319.27 of the | 126 |
Revised Code. The permit issued under this section shall be valid | 127 |
for coaching, supervising, or directing a pupil-activity program | 128 |
under section 3313.53 of the Revised Code. Subject to the | 129 |
provisions of section 3319.31 of the Revised Code, a permit issued | 130 |
under this section shall be valid for three years and shall be | 131 |
renewable. | 132 |
(B) The state board shall adopt rules applicable to | 133 |
individuals who hold valid educator licenses, certificates, or | 134 |
permits issued by the state board under section 3319.22, 3319.26, | 135 |
or 3319.27 of the Revised Code setting forth standards to assure | 136 |
any such individual's competence to direct, supervise, or coach a | 137 |
pupil-activity program. The rules adopted under this division | 138 |
shall not be more stringent than the standards set forth in rules | 139 |
applicable to individuals who do not hold such licenses, | 140 |
certificates, or permits adopted under division (A) of this | 141 |
section. | 142 |
(C) As a condition to issuing or renewing a pupil-activity | 143 |
program permit to coach interscholastic athletics: | 144 |
(1) The state board shall require each individual applying | 145 |
for a first permit on or after | 146 |
147 | |
program that is specifically focused on brain trauma and brain | 148 |
injury management. | 149 |
(2) The state board shall require each individual applying | 150 |
for a permit renewal on or after that date to present evidence | 151 |
that the individual has successfully completed, within the | 152 |
previous three years, a training program in recognizing the | 153 |
symptoms of concussions and head injuries to which the department | 154 |
of health has provided a link on its internet web site under | 155 |
section 3707.52 of the Revised Code or a training program | 156 |
authorized and required by an organization that regulates | 157 |
interscholastic | 158 |
interscholastic athletic events. | 159 |
Sec. 3707.48. No person shall violate sections 3707.01 to | 160 |
161 | |
Code, or any order or regulation of the board of health of a city | 162 |
or general health district made in pursuance thereof, obstruct or | 163 |
interfere with the execution of such order, or willfully or | 164 |
illegally omit to obey such order. | 165 |
Section 2. That existing sections 3313.539, 3319.303, and | 166 |
3707.48 of the Revised Code are hereby repealed. | 167 |
Section 3. This act is hereby declared to be an emergency | 168 |
measure necessary for the immediate preservation of the public | 169 |
peace, health, and safety. The reason for such necessity is to | 170 |
protect the safety of Ohio's youth. Therefore, this act shall go | 171 |
into immediate effect. | 172 |