THE SENATE

S.B. NO.

2211

TWENTY-NINTH LEGISLATURE, 2018

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

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 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 cover middle- and elementary-school students and to appropriate funds for continuation of the program.

     SECTION 2.  Act 197, Session Laws of Hawaii 2012, section 2, as amended by Act 262, Session Laws of Hawaii 2016, section 2, is amended 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] three to grade twelve.

     "Youth athletic activity" means an organized athletic activity where the majority of the participants are [eleven] eight 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.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2018-2019 for the continuation of the concussion educational program for middle- and elementary-school students.

     The sum appropriated shall be expended by the department of kinesiology and rehabilitation science of the University of Hawaii for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on June 30, 2020; provided that section 3 shall take effect on July 1, 2050.



 

Report Title:

Concussions; Youth; Athletics; Appropriation

 

Description:

Expands the scope of the concussion educational program to include middle- and elementary-school students.  Appropriates funds.  (SB2211 HD1)

 

 

 

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