THE SENATE	S.B. NO.	2211
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to concussions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that young athletes are uniquely susceptible to head and brain trauma: their brains are still developing, their necks are not as strong as those of adult athletes, and their heads tend to be proportionately larger relative to their bodies compared to those of adult athletes. The legislature further finds that recent research in clinical examinations has shown that exposure to the repeated head trauma associated with contact sports at a young age leads to significantly worse outcomes later in life.

Act 197, Session Laws of Hawaii 2012, required the department of education and Hawaii High School Athletic Association to develop a concussion educational program for students ages fourteen to eighteen. Act 262, Session Laws of Hawaii 2016, expanded the scope of the educational program, covered students ages eleven to eighteen, and added additional program requirements. The purpose of this Act is to further expand the scope of the concussion educational program to protect all children in the State.

SECTION 2. Act 197, Session Laws of Hawaii 2012, as amended by Act 262, Session Laws of Hawaii 2016, section 2, is amended by amending section 2 to read as follows:

"SECTION 2. As used in this Act, the following definitions apply:

"Coach" means a paid or volunteer individual working for, assisting, or managing a sports team for school athletics or a youth athletic activity.

"Concussion" means a pathophysiological process affecting the brain, caused by direct or indirect traumatic biomechanical forces.

"Licensed health care provider" means an advanced practice registered nurse, certified or registered athletic trainer, neuropsychologist, physician assistant, physician, osteopathic physician, or physical therapist trained in the management of sports concussions.

"School athletics" means athletic events sponsored by any public or private school [from grade nine to grade twelve].

"Youth athletic activity" means an organized athletic activity where the majority of the participants are [eleven years of age or older and] under nineteen years of age, and are engaging in an organized athletic game or competition against another team, club, or other entity or in practice or preparation for an organized game or competition against another team, club, or other entity. The term does not include:

(1) A college or university activity;

(2) An activity that is entered into for instructional purposes only; or

(3) An athletic activity that is incidental to a non-athletic program or a lesson."

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Concussions; Youth; Athletics

Description:

Further expands the concussion educational program established under Act 197, Session Laws of Hawaii 2012, and expanded under Act 262, Session Laws of Hawaii 2016, to include all youth athletes, regardless of age.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.