SB 605 — Permitting Secondary Schools Athletic Commission discipline schools for not following protocol for concussions and head injuries

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Red = new code to be enacted WEST virginia legislature regular session EngrossedEnrolled Senate Bill 605 By Senators Rucker, Boso, Maroney, Tarr, Baldwin, Cline, and Sypolt [Introduced[Passed FebruaryMarch 14,8, 2019;

Referredin toeffect the90 Committeedays onfrom Education]passage] AAN BILLACT to amend and reenact §18-2-25a and §18-2-25b of the Code of West Virginia, 1931, as amended, all relating to providingenhancing thatsafety schoolsof thatathletes doparticipating not follow established protocol on concussions and head injuries in interscholastic athletics areat subjecta toschool disciplinarythat actionsis bya member of the West Virginia Secondary SchoolsSchool AthleticsActivities Commission;

andmodifying providingqualifications that schools that do not follow the requirements of theirathletic emergencytrainers actionand plansphysical therapists for athleticscertain arepurposes; subject to disciplinary actions by the Secondary Schools Athletics Commission.

requiring the Secondary School Activities Commission to submit certain head injury and concussion-related reports to the Legislative Oversight Commission on Health and Human Resources Accountability;

providing that schools that do not follow established protocol on concussions and head injuries in interscholastic athletics are subject to disciplinary actions by the Secondary School Activities Commission;

and providing that schools that do not follow the requirements of their emergency action plans for athletics are subject to disciplinary actions by the Secondary School Activities Commission.

 Provided,Provided, That the West Virginia Secondary School Activities Commission shall promulgate rules to establish guidelines for noncompliance and related disciplinary actions:

(a) No later than August 1, 2017, the West Virginia Secondary School AthleticsActivities  Activities Commission shall promulgate rules to establish guidelines for emergency action plans for athletics designed to respond to athletic injuries that occur on school property during school-sponsored athletic events.

(b) All member schools shall submit an emergency action plan for athletics to the West Virginia Secondary School Athletics Activities Commission and their county boards of education by December 31, 2017: 2017: Provided, That the county boards shall keep the emergency plan of each school in the county on file and, unless otherwise provided for, provide a copy of each school’s emergency action plan for athletics to each local emergency response agency that has a role in the plan.

(c)Provided, AnyThat personthe licensed by, or certified or registered in, this state to provide health care or professional health care services who renders services of a medical nature to students under this section, who has an agreement with a county boardboards ofshall educationkeep that defines the scopeemergency ofplan his or her duties as such, and for which no remuneration is demanded or received, is not liable for any civil damages as a result of renderingeach suchschool services, or as a result of any act or failure to act in providing or arranging further medical treatment.  (1) The limitation of liability only applies if the servicescounty areon providedfile inand, accordanceunless withotherwise acceptable standards of care and the licensed health care provider is not grossly negligent or does not demonstrate willful misconduct.  (2) Any liability is limited to the applicable limits of the professional liability insurance provided byfor, theprovide Statea Boardcopy of Riskeach andschool’s Insuranceemergency Managementaction inplan effectfor atathletics the time.  (3)  Nothing in this subsection nullifies the immunity from civil liability as granted pursuant to §55-7-15each oflocal thisemergency coderesponse oragency federalthat lawhas excepta torole the extent to which the actions are covered within the applicable limits of the professional liability insurance provided by the State Board of Risk and Insurance Management pursuant to this section and in effect at the time.plan.

(d)(c) Any memberperson schoollicensed notby, complyingor withcertified theor requirementsregistered in, this state to provide health care or professional health care services who renders services of a medical nature to students under this section, who has an agreement with a county board of education that defines the scope of his or her duties as such, and rulesfor promulgatedwhich thereof,no shallremuneration beis subjectdemanded or received, is not liable for any civil damages as a result of rendering such services, or as a result of any act or failure to act in providing or arranging further medical treatment.  (1) The limitation of liability only applies if the disciplinaryservices actionsare orderedprovided in accordance with acceptable standards of care and the licensed health care provider is not grossly negligent or does not demonstrate willful misconduct.  (2) Any liability is limited to the applicable limits of the professional liability insurance provided by the WestState VirginiaBoard Secondaryof SchoolRisk Activitiesand Commission: Insurance Provided,Management Thatin effect at the Westtime.  Virginia(3) SecondaryNothing Schoolin Activitiesthis Commissionsubsection shallnullifies promulgatethe rulesimmunity from civil liability as granted pursuant to establish§55-7-15 guidelinesof forthis noncompliancecode or federal law except to the extent to which the actions are covered within the applicable limits of the professional liability insurance provided by the State Board of Risk and relatedInsurance disciplinaryManagement actions:pursuant to this section and in effect at the time.

(d) Any member school not complying with the requirements of this section, and rules promulgated thereof, shall be subject to the disciplinary actions ordered by the West Virginia Secondary School Activities Commission:

Provided, That the West Virginia Secondary School Activities Commission shall promulgate rules to establish guidelines for noncompliance and related disciplinary actions: