SB 524-FN - AS AMENDED BY THE SENATE
02/22/2018 0592s
2018 SESSION
18-2786
04/03
SENATE BILL 524-FN
SPONSORS: Sen. Watters, Dist 4; Sen. D'Allesandro, Dist 20; Sen. Kahn, Dist 10; Sen. Giuda, Dist 2; Sen. Soucy, Dist 18; Sen. Cavanaugh, Dist 16; Sen. Gray, Dist 6; Sen. Fuller Clark, Dist 21; Rep. Burton, Straf. 6; Rep. Kotowski, Merr. 24; Rep. Suzanne Smith, Graf. 8
COMMITTEE: Education
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ANALYSIS
This bill requires the university system of New Hampshire and the community college system of New Hampshire to develop head injury policies for student-athletes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2018 0592s 18-2786
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; University System of New Hampshire; Head Injury Policies for Student-Athletes. Amend RSA 187-A by inserting after section 42 the following new subdivision:
Head Injury Policies for Student-Athletes
187-A:43 Definitions. As used in this subdivision:
I. "Head injury'' means injuries to the scalp, skull, or brain caused by trauma, and shall include a concussion which is the most common type of sports-related brain injury.
II. "Health care provider'' means a person who is licensed, certified, or otherwise statutorily authorized by the state to provide medical treatment and is trained in the evaluation and management of concussions.
III. "Institution property'' means all real property, physical plant, and equipment used for institution purposes.
IV. "Student-athlete'' means a student of the university system of New Hampshire who is involved in the institution’s varsity athletic teams.
187-A:44 Head Injury Policies for Student-Athletes.
I. The athletic department of each institution in the university system of New Hampshire shall have guidelines, procedures, and other pertinent information and forms, developed in accordance with the National Collegiate Athletic Association or other national authority governing the institution’s sports programs, to govern procedures for evaluation and treatment of concussion and head injury, including return to play and continuing evaluation, and to inform coaches and student-athletes of the nature and risk of concussion and head injury including continuing to play after concussion or head injury, and of chronic traumatic encephalopathy and other brain pathologies. On an annual basis, the athletic department of each institution shall distribute a concussion and head injury information sheet to all student-athletes.
II. At the beginning of a student-athlete’s participation in a collision or contact sport, or a sport that requires the use of a helmet or the use of the head in contact with a ball, the institution shall provide the opportunity for neurocognitive testing.
187-A:45 Removal of a Student-Athlete.
I. An employee coach, official, licensed athletic trainer, or health care provider who suspects that a student-athlete has sustained a concussion or head injury in a practice or game shall follow the institutional policy and procedures for removal from play and practice.
II. Upon the removal of a student athlete from play or practice, a licensed athletic trainer or health care provider shall follow the institutional policy and procedures for evaluation, treatment, and return to play.
III. No person who authorizes a student-athlete to return to play shall be liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
187-A:46 Further Dissemination of Concussion and Head Injury Information. The appropriate department of each institution in the university system of New Hampshire shall develop a centralized resource related to the nature, risk, and treatment of concussion and head injury for reference by students participating in non-varsity athletics sponsored and supervised by campus recreation or similar departments.
187-A:47 Limitation of Liability. An employee of a university system of New Hampshire institution, or volunteer or employee of a company under contract to such institution, shall be immune from civil liability for good faith conduct arising from or pertaining to the injury or death of a student-athlete or a participant in any non-varsity athletics sponsored and supervised by campus recreation or similar departments, provided the action or inaction was in compliance with this subdivision and the institution’s policies relative to the management of concussions and head injuries. The institutions may provide concussion guidelines to other organizations sponsoring athletic activities on institution property, however the institution shall not be required to enforce compliance with such guidelines.
2 New Subdivision; Community College System of New Hampshire; Head Injury Policies for Student-Athletes. Amend RSA 188-F by inserting after section 67 the following new subdivision:
Head Injury Policies for Student-Athletes
188-F:68 Definitions. As used in this subdivision:
I. "Head injury'' means injuries to the scalp, skull, or brain caused by trauma, and shall include a concussion which is the most common type of sports-related brain injury.
II. "Health care provider'' means a person who is licensed, certified, or otherwise statutorily authorized by the state to provide medical treatment and is trained in the evaluation and management of concussions.
III. "Institution property'' means all real property, physical plant, and equipment used for institution purposes.
IV. "Student-athlete'' means a student of the community college system of New Hampshire who is involved in the institution’s varsity athletic teams.
188-F:69 Head Injury Policies for Student-Athletes.
I. The athletic department of each institution in the community college system of New Hampshire shall have guidelines, procedures, and other pertinent information and forms, developed in accordance with the National Collegiate Athletic Association or other national authority governing the institution’s sports programs, to govern procedures for evaluation and treatment of concussion and head injury, including return to play and continuing evaluation, and to inform coaches and student-athletes of the nature and risk of concussion and head injury including continuing to play after concussion or head injury, and of chronic traumatic encephalopathy and other brain pathologies. On an annual basis, the athletic department of each institution shall distribute a concussion and head injury information sheet to all student-athletes.
II. At the beginning of a student-athlete’s participation in a collision or contact sport, or a sport that requires the use of a helmet or the use of the head in contact with a ball, the institution shall provide the opportunity for neurocognitive testing.
188-F:70 Removal of a Student-Athlete.
I. An employee coach, official, licensed athletic trainer, or health care provider who suspects that a student-athlete has sustained a concussion or head injury in a practice or game shall follow the institutional policy and procedures for removal from play and practice.
II. Upon the removal of a student athlete from play or practice, a licensed athletic trainer or health care provider shall follow the institutional policy and procedures for evaluation, treatment, and return to play.
III. No person who authorizes a student-athlete to return to play shall be liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
188-F:71 Further Dissemination of Concussion and Head Injury Information. The appropriate department of each institution in the community college system of New Hampshire shall develop a centralized resource related to the nature, risk, and treatment of concussion and head injury for reference by students participating in non-varsity athletics sponsored and supervised by campus recreation or similar departments.
188-F:72 Limitation of Liability. An employee of a community college system of New Hampshire institution, or volunteer or employee of a company under contract to such institution, shall be immune from civil liability for good faith conduct arising from or pertaining to the injury or death of a student-athlete or a participant in any non-varsity athletics sponsored and supervised by campus recreation or similar departments, provided the action or inaction was in compliance with this subdivision and the institution’s policies relative to the management of concussions and head injuries. The institutions may provide concussion guidelines to other organizations sponsoring athletic activities on institution property, however the institution shall not be required to enforce compliance with such guidelines.
3 Effective Date. This act shall take effect 60 days after its passage.
18-2786
1/3/18
SB 524-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT
The University System of New Hampshire states this bill will increase the System's expenditures by $410,022 in FY 2019 and by $297,517 in FY 2020 and each year thereafter. The Community College System of New Hampshire states this bill will increase the System's expenditures by an indeterminable amount in FY 2019 and each year thereafter. The bill will have no impact on either System's revenue.
METHODOLOGY:
This bill requires the University System of New Hampshire and Community College System of New Hampshire to develop guidelines, procedures, and other pertinent information, authorized by the National Collegiate Athletic Association (NCAA), or other national authority governing the institution’s sports programs. Further, the Systems would be required to inform and educate coaches and student-athletes of the nature risk of head injuries, including long-term effects.
University System of New Hampshire
The University System of New Hampshire (USNH) assumes the definition of student-athlete in this bill would include intermural/club sports, which therefore expands current intercollegiate varsity sports protocol to all intermural/club sports. This would involve one-time, computer-based, pre-participation baseline concussion assessment of all intermural/club athletes and ongoing supervision and monitoring. System-wide, it is estimated this would apply to 8,000 individuals in the first year of implementation and 2,000 annually thereafter, and USNH has provided the following cost estimates:
| FY 2019 | Annual Recurring Costs |
University of New Hampshire |
|
|
Baseline Test |
|
|
Software Licensing and Operations Expense | $73,172 | $18,293 |
Hardware | $15,000 | $0 |
Personnel |
|
|
Two new athletic training professional staff positions | $142,000 | $142,000 |
Per Diem Athletic Training Staff for Gap Coverage | $14,000 | $14,000 |
15% of Existing Professional Staff Time for Oversight | $10,500 | $10,500 |
Personnel Costs Subtotal | $166,500 | $166,500 |
University of New Hampshire Total | $254,672 | $184,793 |
|
|
|
Plymouth State University* |
|
|
Baseline Test |
|
|
Software Licensing and Operations Expense | $23,415 | $5,854 |
Hardware | $4,800 | $0 |
Personnel | $53,280 | $53,280 |
Plymouth State University Total | $81,495 | $59,134 |
|
|
|
Keene State College* |
|
|
Baseline Test |
|
|
Software Licensing and Operations Expense | $21,220 | $5,305 |
Hardware | $4,350 | $0 |
Personnel | $48,285 | $48,285 |
Keene State College Total | $73,855 | $53,590 |
|
|
|
University System of New Hampshire Total | $410,022 | $297,517 |
*Plymouth State University and Keene State College expense estimate is based on University of New Hampshire ratio, matriculating full-time undergraduate enrollment.
Community College System of New Hampshire
The Community College System of New Hampshire (CCSNH) is unable to estimate a fiscal impact to this bill as they cannot determine how many students in a given year will participate in an institutionally sponsored athletic programs to which this bill applies. While CCSNH anticipates it would incur costs relative to this bill, specifically related to distribution of information, monitoring, and testing, it cannot provide an estimate at this time.
AGENCIES CONTACTED:
University System of New Hampshire and Community College System of New Hampshire
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2018 | Senate | Hearing |
| Feb. 22, 2018 | Senate | Floor Vote |
| March 20, 2018 | House | Hearing |
| April 3, 2018 | House | Exec Session |
April 12, 2018: Refer for Interim Study: MA VV 04/12/2018 HJ 12 P. 2
: Committee Report: Refer for Interim Study (Vote 20-0; CC)
April 12, 2018: Committee Report: Refer for Interim Study for 04/12/2018 (Vote 20-0; CC) HC 14 P. 4
April 3, 2018: Executive Session: 04/03/2018 LOB 207
March 20, 2018: Public Hearing: 03/20/2018 10:10 AM LOB 207
March 7, 2018: Introduced 03/07/2018 and referred to Education HJ 7 P. 52
Feb. 22, 2018: Ought to Pass with Amendment 2018-0592s, MA, VV; OT3rdg; 02/22/2018; SJ 5
Feb. 22, 2018: Committee Amendment # 2018-0592s, AA, VV; 02/22/2018; SJ 5
Feb. 22, 2018: Committee Report: Ought to Pass with Amendment # 2018-0592s, 02/22/2018; Vote 5-0; CC; SC 8
Feb. 13, 2018: Hearing: 02/13/2018, Room 103, LOB, 09:05 am; SC 6
Jan. 3, 2018: Introduced 01/03/2018 and Referred to Education; SJ 2