HP0084, LD 98, item 2, Document Text

Amend the resolve by striking out all of section 1 (page 1, lines 11 to 39 and page 2 lines 1 to 11 in L.D.) and inserting the following:

‘Sec. 1. Management of concussive and other head injuries in school athletic activities. Resolved: That the Commissioner of Education, referred to in this resolve as "the commissioner," shall propose to public schools and private schools pursuant to section 2 a model policy on the management of head injuries in school athletic activities in accordance with the provisions of this section by January 1, 2012.

1. Working group. The commissioner shall reconvene the working group established pursuant to Resolve 2009, chapter 79 to meet during the summer and fall of 2011 and periodically thereafter to advise the commissioner on the prevention, diagnosis and treatment of concussive and other head injuries in student athletes. The commissioner shall invite the participation in the working group of a representative of the Maine Athletic Trainers Association. The working group shall advise the commissioner on the proposal of a model policy on the management of head injuries in school athletic activities and on the procedures to update the model policy as medical knowledge of head injuries progresses.

2. Model policy. The model policy proposed by the commissioner under this resolve may include, but is not limited to, the following provisions:

A. Information for students, parents or legal guardians, athletic directors and staff and coaches on head injury identification and management of head injuries;

B. The requirement that prior to each school year a student participating in a school athletic activity and the student's parent or legal guardian review the policy and sign a statement confirming that review;

C. Protocols and forms for use by schools in the implementation of the policy on the management of head injuries;

D. The requirement that a student suspected of having sustained a head injury in an athletic practice, game or activity must be removed from the athletic practice, game or activity immediately and evaluated for brain injury prior to returning to the athletic practice, game or activity;

E. The requirement that a student suspected of having sustained a head injury after an evaluation under paragraph D must be banned from the athletic practice, game or activity for that day, for the period of time recommended by a national association of neurological physicians and until the school has received a written clearance for the student to resume participation from a licensed neurologist or athletic trainer stating that the student is free of symptoms of a head injury. The requirement must stipulate that the neurologist or athletic trainer may serve in a volunteer capacity and is immune from liability for actions taken in that capacity except for gross negligence or willful or wanton misconduct;

F. The requirements and procedural steps that schools must follow in determining when a student suspected of having sustained a head injury after an evaluation under paragraph D is able to resume participation in the academic program;

G. The requirements that all public schools and private schools enrolling more than 60% of their students at public expense in this State must adopt and implement a policy on management of head injuries in school athletic practices, games and activities that is consistent with the model policy proposed by the commissioner under this section; and

H. That the commissioner, school administrative units and schools may share with statewide and local organizations that sponsor sports and athletics the policies, information, training, protocols and forms developed under sections 1 and 2 regarding the management of head injuries in school athletic practices, games and activities; and be it further

’

Amend the resolve in section 2 in the first line (page 2, line 12 in L.D.) by striking out the following: "January" and inserting the following: 'July'

Amend the resolve in section 2 in the next to the last line (page 2, line 15 in L.D.) by striking out the following: "policy adopted" and inserting the following: 'model policy proposed'

summary

This amendment directs the Commissioner of Education to propose a model policy for schools in Maine on the management of head injuries in school athletic activities. It directs the commissioner to reconvene the working group established pursuant to Resolve 2009, chapter 79 to advise the commissioner on the prevention, diagnosis and treatment of concussive and other head injuries in student athletes. The amendment provides that a model policy may include requirements and procedural steps for schools to follow in determining when a student suspected of having sustained a head injury is able to resume participation in the academic program. The bill establishes a date regarding when schools are required to adopt a policy on management of head injuries and to implement the policy of January 1, 2012. The amendment changes the date to July 1, 2012.

FISCAL NOTE REQUIRED

(See attached)

HP0084 LD 98	First Regular Session - 125th Maine Legislature C "A", Filing Number H-519, Sponsored by		LR 50 Item 2
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