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Sub. H. B. No. 16 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives O'Brien, Hottinger
Cosponsors:
Representatives Amstutz, Anielski, Antonio, Ashford, Baker, Barborak, Beck, Boose, Boyce, Brown, Budish, Burkley, Carney, Celebrezze, Cera, Curtin, DeVitis, Dovilla, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Heard, Henne, Hill, Huffman, Letson, Lynch, Mallory, McClain, Milkovich, Patterson, Rogers, Rosenberger, Ruhl, Sears, Slaby, Smith, Sprague, Stinziano, Strahorn, Szollosi, Winburn Speaker Batchelder
A BILL
To amend sections 3313.539, 3319.303, and 3707.48 of
the Revised Code to correct a cross reference with
regard to concussions and head injuries in
athletic activities organized by youth sports
organizations, to clarify certain references to
organizations that regulate interscholastic
athletics, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.539, 3319.303, and 3707.48 of
the Revised Code be amended to read as follows:
Sec. 3313.539. (A) As used in this section, "physician" means
a person authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery.
(B) No school district board of education or governing
authority of a chartered or nonchartered nonpublic school shall
permit a student to practice for or compete in interscholastic
athletics until the student has submitted, to a school official
designated by the board or governing authority, a form signed by
the parent, guardian, or other person having care or charge of the
student stating that the student and the parent, guardian, or
other person having care or charge of the student have received
the concussion and head injury information sheet required by
section 3707.52 of the Revised Code. A completed form shall be
submitted each school year, as defined in section 3313.62 of the
Revised Code, for each sport or other category of interscholastic
athletics for or in which the student practices or competes.
(C)(1) No school district board of education or governing
authority of a chartered or nonchartered nonpublic school shall
permit an individual to coach interscholastic athletics unless the
individual holds a pupil-activity program permit issued under
section 3319.303 of the Revised Code for coaching interscholastic
athletics.
(2) No school district board of education or governing
authority of a chartered or nonchartered nonpublic school shall
permit an individual to referee interscholastic athletics unless
the individual holds a pupil-activity program permit issued under
section 3319.303 of the Revised Code for coaching interscholastic
athletics or presents evidence that the individual has
successfully completed, within the previous three years, a
training program in recognizing the symptoms of concussions and
head injuries to which the department of health has provided a
link on its internet web site under section 3707.52 of the Revised
Code or a training program authorized and required by an
organization that regulates interscholastic conferences or
athletic competition and conducts interscholastic athletic events.
(D) If a student practicing for or competing in an
interscholastic athletic event exhibits signs, symptoms, or
behaviors consistent with having sustained a concussion or head
injury while participating in the practice or competition, the
student shall be removed from the practice or competition by
either of the following:
(1) The individual who is serving as the student's coach
during that practice or competition;
(2) An individual who is serving as a referee during that
practice or competition.
(E)(1) If a student is removed from practice or competition
under division (D) of this section, the coach or referee who
removed the student shall not allow the student, on the same day
the student is removed, to return to that practice or competition
or to participate in any other practice or competition for which
the coach or referee is responsible. Thereafter, the coach or
referee shall not allow the student to return to that practice or
competition or to participate in any other practice or competition
for which the coach or referee is responsible until both of the
following conditions are satisfied:
(a) The student's condition is assessed by either of the
following:
(ii) Any other licensed health care provider the school
district board of education or governing authority of the
chartered or nonchartered nonpublic school, pursuant to division
(E)(2) of this section, authorizes to assess a student who has
been removed from practice or competition under division (D) of
this section.
(b) The student receives written clearance that it is safe
for the student to return to practice or competition from a
physician or from another licensed health care provider authorized
pursuant to division (E)(2) of this section to grant the
clearance.
(2) A school district board of education or governing
authority of a chartered or nonchartered nonpublic school may
authorize a licensed health care provider who is not a physician
to make an assessment or grant a clearance for purposes of
division (E)(1) of this section only if the provider is acting in
accordance with one of the following, as applicable to the
provider's authority to practice in this state:
(a) In consultation with a physician;
(b) Pursuant to the referral of a physician;
(c) In collaboration with a physician;
(d) Under the supervision of a physician.
(3) A physician or other licensed health care provider who
makes an assessment or grants a clearance for purposes of division
(E)(1) of this section may be a volunteer.
(F) A school district board of education or governing
authority of a chartered or nonchartered nonpublic school that is
subject to the rules of an interscholastic conference or an
organization that regulates interscholastic conferences or
athletic competition and conducts interscholastic athletic events
shall be considered to be in compliance with divisions (B), (D),
and (E) of this section, as long as the requirements of those
rules are substantially similar to the requirements of divisions
(B), (D), and (E) of this section.
(G)(1) A school district, member of a school district board
of education, or school district employee or volunteer, including
a coach or referee, is not liable in damages in a civil action for
injury, death, or loss to person or property allegedly arising
from providing services or performing duties under this section,
unless the act or omission constitutes willful or wanton
misconduct.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school district, member of a school
district board of education, or school district employee or
volunteer, including a coach or referee, may be entitled to under
Chapter 2744. or any other provision of the Revised Code or under
the common law of this state.
(2) A chartered or nonchartered nonpublic school or any
officer, director, employee, or volunteer of the school, including
a coach or referee, is not liable in damages in a civil action for
injury, death, or loss to person or property allegedly arising
from providing services or performing duties under this section,
unless the act or omission constitutes willful or wanton
misconduct.
Sec. 3319.303. (A) The state board of education shall adopt
rules establishing standards and requirements for obtaining a
pupil-activity program permit for any individual who does not hold
a valid educator license, certificate, or permit issued by the
state board under section 3319.22, 3319.26, or 3319.27 of the
Revised Code. The permit issued under this section shall be valid
for coaching, supervising, or directing a pupil-activity program
under section 3313.53 of the Revised Code. Subject to the
provisions of section 3319.31 of the Revised Code, a permit issued
under this section shall be valid for three years and shall be
renewable.
(B) The state board shall adopt rules applicable to
individuals who hold valid educator licenses, certificates, or
permits issued by the state board under section 3319.22, 3319.26,
or 3319.27 of the Revised Code setting forth standards to assure
any such individual's competence to direct, supervise, or coach a
pupil-activity program. The rules adopted under this division
shall not be more stringent than the standards set forth in rules
applicable to individuals who do not hold such licenses,
certificates, or permits adopted under division (A) of this
section.
(C) As a condition to issuing or renewing a pupil-activity
program permit to coach interscholastic athletics:
(1) The state board shall require each individual applying
for a first permit on or after the effective date of this
amendment April 26, 2013, to successfully complete a training
program that is specifically focused on brain trauma and brain
injury management.
(2) The state board shall require each individual applying
for a permit renewal on or after that date to present evidence
that the individual has successfully completed, within the
previous three years, a training program in recognizing the
symptoms of concussions and head injuries to which the department
of health has provided a link on its internet web site under
section 3707.52 of the Revised Code or a training program
authorized and required by an organization that regulates
interscholastic conferences or athletic competition and conducts
interscholastic athletic events.
Sec. 3707.48. No person shall violate sections 3707.01 to
3707.53, inclusive, 3707.50 or section 3707.53 of the Revised
Code, or any order or regulation of the board of health of a city
or general health district made in pursuance thereof, obstruct or
interfere with the execution of such order, or willfully or
illegally omit to obey such order.
Section 2. That existing sections 3313.539, 3319.303, and
3707.48 of the Revised Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
protect the safety of Ohio's youth. Therefore, this act shall go
into immediate effect.
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