Wisconsin Legislature Passes Youth Concussion Bill

The Wisconsin legislature enacted statute 118.293 yesterday.


To quote the assembly summary of the directly:

"This bill directs the Department of Public Instruction, in conjunction with the
Wisconsin Interscholastic Athletic Association, to develop guidelines and other
information to educate coaches and athletes and their parents or guardians about
the risk of concussion and head injury in youth athletic activities. The bill defines "youth athletic activity," with certain exceptions, as an organized athletic activity in which the participants, a majority of whom are at least 11 and under 19 years of age, are engaged in an athletic game or competition against another team, club, or entity, or in practice or preparation for an organized athletic game or competition against another team, club, or entity.

The bill requires each person operating a youth athletic activity annually to
distribute a concussion and head injury information sheet to each person who wishes
to participate in the activity and prohibits a person from participating in a youth
athletic activity until he or she has returned the sheet signed by the person and, if he or she is under the age of 19, by his or her parent or guardian.

The bill requires that a person who is suspected of sustaining a concussion or
head injury in a youth athletic activity be removed from the activity immediately.
A person who has been so removed may not participate in a youth athletic activity
until he or she is evaluated by a health care provider who has been trained in the
evaluation and management of concussion and head injuries and receives a written
clearance to participate in the activity from the health care provider.

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The bill provides that if a health care provider who is a volunteer authorizes a person to participate in a youth athletic activity, he or she is immune from civil liability for any injury resulting from that act unless the act constitutes gross negligence or willful or wanton misconduct.

In the bill, "health care provider" means a physician, physician assistant,
advanced practice nurse prescriber, or an athletic trainer. "

Commentary:
It will be interesting to see how the WIAA, schools, and other sports organizations respond to these new regulations. Is it time for rugby to change its subsitution laws? The rugby laws were updated once to allow substitutions when an athlete has blood on them. Perhaps a similar law should be enacted, where an athlete with a suspected head injury can be substituted out for an evaluation.