ARIZONA HOUSE OF REPRESENTATIVES

HB 2088: pupils; concussions; parental notification

PRIME SPONSOR: Representative Carter, LD 15

BILL STATUS: Chaptered

Abstract

Relating to parental notification and concussion management pilot program.

Provisions

Parental Notification Requirements

1. Requires LEAs to prescribe reasonable and appropriate policies to notify a student's parent if any person engages in threatening, harassing or intimidating conduct against that student. (Sec. 1, 2)

2. Grants immunity from civil liability to school officials and employees for decisions and actions based on the good faith implementation of these policies, excluding cases of gross negligence, willful or wanton misconduct. (Sec. 1, 2)

3. Removes requirement that the alleged victim of suspected incidents of harassment, intimidation or bullying be notified on completion and disposition of the investigation. (Sec. 2)

4. Requires the alleged victim and the victim's parent to be notified of suspected incidents of harassment, intimidation or bullying when a school official or employee becomes aware of the incident. (Sec. 2)

5. Requires a student's parent or guardian to be notified by the school district in the event of a suspected concussion. (Sec. 2)

6. Requires school district governing boards to consult with a statewide private entity that supervises interscholastic activities to develop guidelines, information and forms on the dangers of heat-related illnesses, sudden cardiac death and prescription opioid use. (Sec. 2)

7. Requires students and parents be provided with this information at least once per SY before the student participates in any district-sponsored interscholastic athletic activity. (Sec. 1)

8. Provides criteria for what constitutes threatening, intimidating and harassment. (Sec. 1)

Concussion Management Pilot Program

9. Directs ADHS, in cooperation with a statewide private entity that supervises interscholastic activities, to:

a. Develop and conduct a two-year Concussion Management Pilot Program during SY 2019 and SY 2020 for licensed physical therapists who hold a sport specialty certification; and

b. Review and report on available health professional workforce with training and education in concussion management and emergency response by December 31, 2018. (Sec. 3)

10. Permits a participating physical therapist to assess a student with a suspected concussion, remove the student from play, and provide clearance to resume participation in athletic activity. (Sec. 3)

11. Requires a physical therapist's evaluation of cognitive consequences of concussion to be made in consultation with an allopathic or osteopathic physician. (Sec. 3)

12. Requires ADHS to submit an initial report by December 31, 2019 and a final report by December 31, 2020, as directed. (Sec. 3)

13. Authorizes ADHS to adopt policies and procedures for the program. (Sec. 3)

14. Sunsets the program on April 1, 2021. (Sec. 3)

Miscellaneous

15. Makes technical and conforming changes. (Sec. 2)

Current Law

School districts are charged with prescribing and enforcing policies and procedures for the health and safety of students participating in athletics. Included is a requirement to prescribe information forms and guidelines explaining the risks and dangers of concussions and head injuries. Prior to a student participating in athletic activity, they and their parent must annually sign an information form to affirm their awareness of the risk of concussion. A student who is suspected of sustaining a concussion during athletic activities must be immediately removed. Student may resume athletic activity on the same day if a health care provider rules out the possibility of a concussion and on a subsequent day if they receive written clearance to resume athletic activity (A.R.S. § 15-341).

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Fifty-third Legislature                  HB 2088

Second Regular Session                               Version 6: Chaptered

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