Serious Sports Injury Law - ACT 352

ACT 352 of the 2011 Regular Legislative Session (RS 40:1299.186) states:

A. Each high school that sponsors or sanctions any athletic activity in this state and which requires a participating student to regularly practice or train and compete, is subject to the terms of the injury management program.

B. The injury management program shall:

1)    Establish a set of injuries to be classified as serious sports injuries, and define the signs and symptoms of such injuries.

2)    Require any coach, game official, or on-field licensed health care provider to remove a student-athlete if any of the following occur:

(a)  The student reports any defined sign or symptom of a serious sports injury.

(b)  The coach or athletic trainer determines that the student exhibits any defined sign or symptom of a serious sports injury.

(c)  The coach is notified that the student has reported or exhibited any defined sign or symptom of a serious sports injury by any of the following persons:

(i)  A licensed, registered, or certified medical practitioner operating within their respective scope of practice.

(ii)  A licensed athletic trainer.

(iii)  Any other licensed, registered, or certified individual whose scope of practice includes the recognition of symptoms associated with serious sports injuries.

(iv)  An official responsible for judging or supervising the athletic competition.

3)  Ensure that any student who, in accordance with the provisions of this Part, is removed from practice, training, or competition: 

(a)  Shall, as soon as practicable after reporting or exhibiting any sign or symptom of a serious sports injury, be examined by a health professional duly licensed in this state to provide health care services or medical treatment.  

(b)  May be allowed to return to practice, training, or competition only after the student provides to the coach and an athletic trainer written authorization from a health professional duly licensed in this state to provide health care services or medical treatment.

4)  Require that each coach or official in school-sponsored or school- sanctioned athletic activities receive documented training regarding the nature and risks of serious sports injuries. 

5)  Subject to availability of financial resources and supply of the necessary workforce, rely to the greatest possible extent on athletic trainers licensed by the Louisiana State Board of Medical Examiners to provide athletic health care at high school athletic competitions.


C.  The school shall ensure that before a student is allowed to participate in any school-sponsored or school-sanctioned athletic activity, the student and the parent or guardian of the student shall document that they have viewed information, provided in written or verifiable electronic form by the school or school district, regarding risks of serious sports injuries.


D.  This Section does not create any liability for, or create a cause of action against, a school, its officers, or its employees.


E.  To carry out the duties prescribed in this Part, a school may contract for and accept private contributions, gifts, and grants, or in-kind aid from the federal government, the state, or any other source.


F.  The Board of Elementary and Secondary Education (BESE) shall promulgate, in accordance with the Administrative Procedure Act, any rules necessary to implement the sports injury management program provided for in this Part.  In developing such rules, BESE may engage and solicit input from the Louisiana State Board of Medical Examiners and the Sports Medicine Advisory Committee of the Louisiana High School Athletic Association, and may incorporate recommendations of those groups in any final rules providing for a sports injury management program.


G.  No school or school system shall be required to incur any financial cost related to the implementation of this Section, unless funds are appropriated by the legislature for such purpose.


H.  The provisions of this Part shall not apply to concussions, as the protocols specific to these injuries  shall be governed by the Louisiana Youth Concussion Act.

 

 (click HERE to view the law)

  

 

 

 

 

 

 

 

 

          

 

 

          

 

                     

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                         

 

  

 

 

 

BESE Rules (click HERE for section of Bulletin 135)

 

                                         

 

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