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Sports Concussion Legislation
Frequently Asked Questions (F.A.Q.'s)
Michigan Law:
Where can I find Michigan Law on sports concussions?
Public Act 342 of 2012 - Michigan Law regarding the Department of Community Health's development, adoption and approval of educational and training materials for sports concussion awareness compliance.
Direct link: http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0342.pdf
Public Act 343 of 2012 - Michigan Law regarding Compliance of Sports Concussion Awareness Training for organizing entities, sponsors or operators of an athletic activity in which youth athletes will participate.
Direct link: http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0343.pdf
When does the law take effect?
Both Acts went into effect June 30, 2013.
Do other states have a similar law?
Nearly every state and the District of Columbia have adopted legislation to protect young athletes in the event of a sports related concussion.
Under Michigan Law, who can authorize a young athlete to return to play?
Only a health professional licensed in the State of Michigan or otherwise authorized to engage in a health profession in the State of Michigan and whose scope of practice within that health profession includes the recognition, treatment, and management of concussions can authorize an athlete to return to play. Written permission must be obtained, using the medical clearance to return to play form, which can be found on MDCH webpage: http://www.michigan.gov/documents/mdch/Medical_Clearance_to_Return_to_Play_Form_414367_7.pdf
Can an organizational entity make rules or procedures more stringent than Michigan Law?
Yes, as long as policies are not in conflict with the law.
An organizing entity may use its own form so long as the content is the same as the content on the Michigan Department of Community Health form.
English: http://michigan.gov/documents/mdch/Parentandathleteinfosheet_415328_7.pdf
Spanish: http://www.cdc.gov/concussion/pdf/Parent_Athlete_Info_Sheet_Spanish-a.pdf
Is the form available in other languages?
The form was developed in English and Spanish. It is the responsibility of the organizing entity to make sure that the athletes, parents and participants understand and receive the information, and to collect and store signatures.
All adult participants, including coaches, assistant coaches and volunteers of the organizing entity are required to complete the online training course.
What training will satisfy this requirement?
Adults who are involved with youth athletic activities must take one of the two trainings listed here to meet this requirement:
http://www.cdc.gov/concussion/HeadsUp/Training/index.html - CDC’s “Heads Up” Concussion Youth in Sports Training – focus is youth athletes below high school level
http://www.nfhslearn.com/electiveDetail.aspx?courseID=15000 – the National Federal of State High School Associations High School Sports Training – focus is youth athletes at high school level.
Be sure to save or print off the certificate that is presented to you at the completion of the on-line course. If you close out of the course without taking one of these steps, you will need to re-take the course to recover a certificate.
The on-line courses are approximately 30 minutes long, and they are both free.
A student should not participate in ANY athletic activity. Each student must complete and return the acknowledgement form in order to participate in physical activity.
Who is responsible for collecting and keeping track of any and all forms? (Parent/Athlete acknowledgement form, medical clearance form, etc…)
Each organizing entity is responsible for making sure that the appropriate information is maintained in a permanent file for the duration of that youth athlete’s participation in athletic activity, or until the youth athlete is 18 years of age.
Yes. It is up to each individual organizing entity to comply with the law. The informational pieces available on the Michigan Department of Community Health web site are what must be shared to be compliant with the law: www.michigan.gov/sportsconcussion.
The organizational entity and its agents could be held liable for non-compliance in a Michigan court of law.
Definitions from the law:
An “organizing entity” is a school, state or local parks and recreation department or commission or other state or local entity, a nonprofit or for-profit entity, a public or private entity.
A “youth athlete” is any individual who participates in an athletic activity who is under the age of 18 years.
An “athletic activity” is any program or event, including practice and competition, during which a youth athletes participates or practice to participates in. This also includes participation is physical education classes that are part of a school curriculum.
An “appropriate health professional” is a health care professional licensed by the State of Michigan whose scope of practice includes the recognition, treatment and management of concussions.
Information on Concussions:
What is a concussion?
A concussion is a brain injury caused by a blow, bump or jolt to the head. A concussion may or may not cause unconsciousness.
How common are sports concussions?
According to the CDC, each year U.S. emergency departments treat an estimated 173,285 sports and recreation-related concussions among children and adolescents, with the highest number of injuries occurring in boy’s football and girls’ soccer. (http://www.cdc.gov/concussion/sports/facts.html)
What are the signs and symptoms of a concussion?
Signs and symptoms may not appear until days after the injury. Some commons signs are that the athlete appears dazed, confused and/or moving slowly. Some common symptoms include (but are not limited to) headache, nausea or vomiting, dizziness, blurry vision and just not “feeling right.”
How can concussions be prevented?
Make sure all equipment fits properly and that the athletes are following the rules and safety guidelines of the game and practicing good sportsmanship.
Best Practices:
How soon can a young athlete return to play after a concussion, or if a concussion is suspected?
An athlete should never return to play until they are evaluated by an appropriate health care professional. The young athlete must receive written clearance from the appropriate health care professional before they can return to athletic activity. Recovery time will vary by athlete and injury. It is recommended to follow a graduated return to play plan, such as the University of Michigan Neuro Sport Brain Protocol, as part of the young athlete’s recovery protocol.
What are some guidelines for students returning to academic activity after a concussion?
The CDC offers guideline and tips for students return to academia. (http://www.cdc.gov/concussion/pdf/TBI_Returning_to_School-a.pdf)
Baseline testing is not required under Michigan Law, but it is recommended as a best practice. (http://www.michigan.gov/documents/mdch/BaselineTesting_415316_7.pdf)
Resources:
The CDC offers many resources for concussion awareness and prevention free of charge: http://wwwn.cdc.gov/pubs/ncipc.aspx#tbi4, various resources are also available through links available on the Michigan Department of Community Health Sports Concussion page: www.michigan.gov/sportsconcussion.