BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 2007 --------------------------------------------------------------- |AUTHOR: |McCarty | |---------------+-----------------------------------------------| |VERSION: |June 21, 2016 Amended | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 29, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Teri Boughton | --------------------------------------------------------------- SUBJECT : Youth athletics: youth sports organizations: concussions or other head injuries SUMMARY : Establishes requirements for youth sports organizations to remove an athlete who is suspected of sustaining a concussion or other head injury until he or she is evaluated and cleared by a licensed health care provider. Existing law: 1)Requires, a school district, charter school, or private school that elects to offer an athletic program, to comply with both of the following. a) Require an athlete who is suspected of sustaining a concussion or head injury in an athletic activity to be immediately removed from the athletic activity for the remainder of the day, and not permitted to return to the athletic activity until he or she is evaluated by a licensed health care provider who is trained in the management of concussions and is acting within the scope of his or her practice. Prohibit the athlete from returning to the athletic activity until he or she receives written clearance to return to the athletic activity from that licensed health care provider. b) Require, if the licensed health care provider determines that the athlete sustained a concussion or a head injury, the athlete to also complete a graduated return-to-play protocol of no less than seven days in duration under the supervision of a licensed health care provider. AB 2007 (McCarty) Page 2 of ? c) Urges the California Interscholastic Federation is urged to work in consultation with the American Academy of Pediatrics and the American Medical Society for Sports Medicine to develop and adopt rules and protocols to implement b) above. d) Require, on a yearly basis, a concussion and head injury information sheet to be signed and returned by the athlete and the athlete's parent or guardian before the athlete initiates practice or competition. e) Exempts an athlete engaging in an athletic activity during the regular schoolday or as part of a physical education course, as specified. This bill: 1)Requires a youth sports organization that elects to offer an athletic program to comply with all of the following: a) Require an athlete who is suspected of sustaining a concussion or other head injury in an athletic activity to be immediately removed from the athletic activity for the remainder of the day, and not permitted to return to any athletic activity until he or she is evaluated by a licensed health care provider; b) Prohibit the athlete from returning to athletic activity until he or she receives written clearance to return to athletic activity from a licensed health care provider; c) Require, if the licensed health care provider determines that the athlete sustained a concussion or other head injury, the athlete to also complete a graduated return-to-play protocol of no less than seven days in duration under the supervision of a licensed health care provider; d) Require if an athlete who is 17 years of age or younger has been removed from athletic activity due to a suspected concussion, the youth sports organization to notify a parent or guardian of that athlete of the time and date of the injury, the symptoms observed, and any treatment provided to that athlete for the injury; e) Require on a yearly basis, the youth sports AB 2007 (McCarty) Page 3 of ? organization to give a concussion and head injury information sheet to each athlete; f) Require the information sheet to be signed and returned by the athlete and, if the athlete is 17 years of age or younger, to also be signed by the athlete's parent or guardian, before the athlete initiates practice or competition; g) Permit the information sheet to be sent and returned through an electronic medium including, but not necessarily limited to, fax or electronic mail; h) Require each coach and administrator to be required to successfully complete the concussion and head injury education offered pursuant to i) below at least once, either online or in person, before supervising an athlete in an activity of the youth sports organization; i) Require on a yearly basis, the youth sports organization to offer concussion and head injury education, or related educational materials, or both, to each coach and administrator of the youth sports organization; and, j) Require the youth sports organization to identify both of the following: i. An individual within the organization who is responsible for ensuring compliance by the organization with the requirements for providing concussion and head injury education contained in paragraph h) above; and, ii. Procedures to ensure compliance with the athlete removal provisions and the return-to-play protocol required pursuant to paragraph a-c) above. 1)Establishes definitions including that a "youth sports organization" means an organization,business, nonprofit entity, or a local governmental agency that sponsors or conducts amateursports competitions, training, camps, or clubs in which persons 17 years of age or younger participate in any of the following sports: a) Baseball; b) Basketball; c) Bicycle motocross; AB 2007 (McCarty) Page 4 of ? d) Boxing; e) Competitive cheerleading; f) Full Contact Martial Arts; g) Diving; h) Equestrian activities; i) Field hockey; j) Football; aa) Gymnastics; bb) Ice hockey; cc) Lacrosse; dd) Parkour; ee) Rodeo; ff) Roller derby; gg) Rugby; hh) Skateboarding; ii) Skiing; jj) Soccer; aaa) Softball; bbb) Surfing; ccc) Volleyball; ddd) Water polo; and, eee) Wrestling. 2)Defines "licensed health care provider" as a licensed health care provider who is trained in the evaluation and management of concussions and is acting within the scope of his or her practice. 3)Requires this bill to apply to all persons participating in the activities of a youth sports organization, irrespective of their ages. Prohibits anything in this bill from being construed to prohibit a youth sports organization, or any other appropriate entity, from adopting and enforcing rules intended to provide a higher standard of safety for athletes than the standard established under this bill. FISCAL EFFECT : This bill is keyed non-fiscal. PRIOR VOTES : ----------------------------------------------------------------- |Assembly Floor: |56 - 19 | |------------------------------------+----------------------------| AB 2007 (McCarty) Page 5 of ? |Assembly Arts, Entertainment, | 5- 0 | |Sports, Tourism, and Internet Media | | |Committee: | | |------------------------------------+----------------------------| | | | | | | ----------------------------------------------------------------- COMMENTS : 1)Author's statement. According to the author, sports related injuries have become a growing concern in today's society. Research shows that sports related injuries are not always immediately visible or evident, but may manifest in the future with extremely negative effects on the athlete's health. Studies in the cumulative effects of concussion in young athletes show that even a mild concussion can result in serious long-term problems, especially if an athlete was returned to play too early, or has a history of concussions or other head injuries. The Legislature has already addressed concussion protocol in school sports, but more kids play sports in a community based setting, and with this legislation I hope to establish a proper protocol for concussion detections, treatment, and post-concussion management for youth sports leagues. 2)CDC. The CDC has information including training videos and fact sheets that are designed specifically for coaches, which can be found at http://www.cdc.gov/headsup/youthsports/coach.html The following is from a CDC fact sheet. Concussion, a type of traumatic brain injury, is caused by a bump, blow, or jolt to the head. Concussions can also occur from a blow to the body that causes the head and brain to move rapidly back and forth-literally causing the brain to bounce around or twist within the skull. This sudden movement of the brain causes stretching and tearing of brain cells, damaging the cells and creating chemical changes in the brain. Sometimes people wrongly believe that it shows strength and courage to play injured. Some athletes may also try to hide their symptoms. Do not let your athlete convince you that he or she is "just fine" or that he or she can "tough it out." Discourage others from pressuring injured athletes to play. Emphasize to athletes and parents that playing with a concussion is dangerous. Most athletes with a concussion will AB 2007 (McCarty) Page 6 of ? recover quickly and fully. But for some athletes, signs and symptoms of concussion can last for days, weeks, or longer. If an athlete has a concussion, his or her brain needs time to heal. A repeat concussion that occurs before the brain recovers from the first-usually within a short time period (hours, days, weeks)-can slow recovery or increase the chances for long-term problems. In rare cases, repeat concussions can result in brain swelling or permanent brain damage. It can even be fatal. 3)Concussions and brain injuries in youth sports. One study published in December 2015 in the Rhode Island Medical Journal provided by the author, indicates that about 1.6-3.8 million sports-related concussions occur every year. Symptoms may appear mild but the injury can lead to life-long problems with physical function, concentration, memory, behavior, and emotional issues. Most concussions resolve within 7-10 days but the recovery process can be longer and more complicated in children and adolescents. Athletes with concussions are vulnerable to the second-impact syndrome where ongoing symptoms lead to another injury. Young athletes experience a complex recovery process after concussions. Recurrent concussions are especially destructive to the brain and are more likely during the first ten days after a concussion. It is recommended waiting at least seven days until return to play. The article indicates that education does reduce injuries. Among three groupings of coaches with none to varying levels of education about concussions, concussions in youth football players were lower in the group with the highest level injury prevention education compared to the non-educated cohort. 4)Prior legislation. AB 2127 (Cooley, Chapter 165, Statutes of 2014) limits full-contact football practices and requires a student-athlete who has suffered a concussion or head injury to complete a graduated return-to-play protocol of at least seven days, as specified. AB 1451 (Hayashi, Chapter 173, Statutes of 2012), includes a basic understanding of the signs and symptoms of concussions and the appropriate response to concussions within the High School Coaching Education and Training Program, administered by school districts. AB 1449 (Hayashi of 2012), would have required the AB 2007 (McCarty) Page 7 of ? Superintendent of Public Instruction to develop and make available a sample concussion and head injury information sheet for use by school districts. AB 1449 was held in the Assembly Education Committee. AB 25 (Hayashi, Chapter 465, Statutes of 2011), requires a school district that elects to offer athletic programs to immediately remove an athlete who is suspected of sustaining a concussion or head injury during that activity; prohibits the return of the athlete to that activity until he or she is evaluated by, and receives written clearance from, a licensed health care provider; requires, on a yearly basis, a concussion and head injury information sheet to be signed and returned by the athlete and the athlete's parent or guardian before the athlete's initiating practice or competition. AB 1646 (Hayashi of 2010), would have required training for coaches to be able to identify symptoms of head and neck injury. AB 1646 was held in the Assembly Appropriations Committee suspense file. AB 1893 (Hayashi of 2010), would have required all high school spirit activities coaches to have valid certification in CPR and first aid, including an understanding of signs, symptoms, and appropriate emergency action steps regarding potentially catastrophic injury, including but not limited to, head and neck injury and concussion. Pupils participating in this activity who experience or show signs of trauma or other injury must obtain a release from the treating provider before resuming these activities. AB 1893 was held in the Assembly Education Committee. AB 533 (Hayashi of 2009), would have required training for coaches to be able to identify symptoms of head and neck injury. AB 533 was held in the Assembly Appropriations Committee suspense file. 5)Support. The Brain Injury Association of California writes that young athletes experiencing head injuries are at greater risk of long-term brain damage if injured during the critical stages of brain development. From 2002 to 2012 the number of reported sports-related concussions among student athletes doubled. The increase is attributed to many factors including greater awareness and recognition of traumatic brain injuries. However, research also shows that it is likely that AB 2007 (McCarty) Page 8 of ? self-reported concussion symptoms are under diagnosed, which may lead to premature return to play. The California PTA supports this bill because research shows even mild concussions can have long-term negative consequences if not treated properly. The California School Nurses Organization believes extending the protections in this bill are necessary for those engaged in not only K-12 sports activities but those engaged in other organized sports activities. 6)Concern. CSAC Excess Insurance Authority (CSAC EIA) expresses concern about this bill indicating that an onus will be placed on youth sports organizations for recordkeeping and removal of athletes from activities when suspected of having a concussion. Youth sport organizations do not have the resources to evaluate a youth athlete for concussion. Coaches are volunteer parents from the community. CSAC EIA is concerned people will not want to volunteer as coaches and the bill would potentially create a basis for liability if a youth sports organization does not distribute and/or obtain a parent's signature on the information sheet. SUPPORT AND OPPOSITION : Support: California Athletic Trainers' Association (sponsor) American Medical Society for Sports Medicine Brain Injury Association of California California State PTA California School Nurses Organization Child Abuse Prevention Center One individual Oppose: None received -- END --