HB 1256 – AS INTRODUCED
2008 SESSION
04/10
HOUSE BILL 1256
AN ACT relative to safety training for certain public school extracurricular activities.
SPONSORS: Rep. J. Tilton, Merr 6; Rep. Butynski, Ches 4
This bill requires public schools and schools subject to the rules of the New Hampshire Interscholastic Athletic Association to implement a safety training program for certain extracurricular activities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2424
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to safety training for certain public school extracurricular activities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Safety Training Program for Extracurricular Activities. Amend RSA 189 by inserting after section 64 the following new subdivision:
Safety Training Program for Extracurricular Activities
189:65 Safety Training Program for Extracurricular Activities Required. All public schools in the state and any school subject to the rules of the New Hampshire Interscholastic Athletic Association shall comply with the safety training program set forth in this subdivision.
189:66 Safety Training.
I. The following persons shall satisfactorily complete the safety training program:
(a) A coach, trainer, or sponsor for an extracurricular athletic activity;
(b) Except as provided in subparagraph II(f), a physician who is employed by a school or school district or who volunteers to assist with an extracurricular athletic activity; and
(c) A director or other individual responsible for a school marching band.
II. The safety training program shall include:
(a) Certification of participants by the American Red Cross, the American Heart Association, or a similar organization or the New Hampshire Interscholastic Athletic Association, as determined by the commissioner of the department of education.
(b) Current training in:
(1) Emergency action planning;
(2) Cardiopulmonary resuscitation if the person is not required to obtain certification as part of their position;
(3) Communicating effectively with 9-1-1 emergency service operators and other emergency personnel;
(4) Recognizing symptoms of potentially catastrophic injuries, including head and neck injuries, concussions, injuries related to second impact syndrome, asthma attacks, heatstroke, cardiac arrest, and injuries requiring use of a defibrillator; and
(c) At least once each school year, a safety drill that incorporates the training described in this paragraph;
(d) A school district shall provide training to students participating in an extracurricular athletic activity related to:
(1) Recognizing the symptoms of injuries described in this subdivision; and
(2) The risks of using dietary supplements designed to enhance or marketed as enhancing athletic performance.
(e) The safety training program and the training under this subdivision may each be conducted by a school or school district or by an organization described in subparagraph II(a).
(f) A physician who is employed by a school or school district or who volunteers to assist with an extracurricular athletic activity is not required to complete the safety training program if the physician attends a continuing medical education course that specifically addresses emergency medicine.
189:67 Preparticipation Physical Evaluation-Medical History Form Required.
I. Each student participating in an extracurricular athletic activity shall complete a “preparticipation physical evaluation-medical history” form to be developed and distributed by the commissioner of the department of education to schools. Each form shall be signed by both the student and the student’s parent or guardian.
II. The form shall clearly state that failure to accurately and truthfully answer all questions required by law or by the New Hampshire Interscholastic Athletic Association as a condition for participation in an extracurricular athletic activity subjects a signer of the form to penalties determined by the New Hampshire Interscholastic Athletic Association.
III. The preparticipation physical evaluation-medical history” form shall contain the following statement:
“An individual answering in the affirmative to any question relating to a possible cardiovascular health issue, as identified on the form, should be restricted from further participation until the individual is examined and cleared by a physician, physician assistant, chiropractor, or nurse practitioner. Ultimately, the individual may need to be evaluated by a cardiologist or undergo cardiac testing, including an echocardiogram or other heart-related examination, based on the assessment by the primary care provider.”
189:68 Certain Unsafe Athletic Activities Prohibited. A coach, trainer, or sponsor for an extracurricular athletic activity shall not encourage or permit a student participating in the activity to engage in any unreasonably dangerous athletic technique that unnecessarily endangers the health of a student, including using a helmet or any other sports equipment as a weapon.
189:69 Certain Safety Precautions Required.
I. A coach, trainer, or sponsor for an extracurricular athletic activity shall, at each athletic practice or competition, ensure that:
(a) Each student participating in the activity is adequately hydrated;
(b) Any prescribed asthma medication for a student participating in the activity is readily available to the student;
(c) Emergency lanes providing access to the practice or competition area are open and clear; and
(d) Heatstroke prevention materials are readily available.
II. If a student participating in an extracurricular athletic activity, including a practice or competition, becomes unconscious or, in the opinion of the coach or trainer, sustains a serious head injury during the activity, the student shall not:
(a) Return to the practice or competition during which the student became unconscious or injured; or
(b) Participate in any extracurricular athletic activity until the student receives written authorization for such participation from a physician.
189:70 Enforcement.
I. A school shall make available to the public proof of compliance for each person enrolled in, employed by, or volunteering for the school who is required to receive safety training described in this subdivision.
II. The superintendent of a school district or the director of a school subject to this subchapter shall maintain complete and accurate records of the district’s or school’s compliance with this subdivision.
III. A school campus that is determined by the school’s superintendent or director to be out of compliance with this subdivision shall be subject to the range of penalties determined by the New Hampshire Interscholastic Athletic Association.
189:71 Reports of Violations.
I. The commissioner of the department of education shall maintain a telephone number and an electronic mail address to allow a person to report a violation of this subdivision.
II. Each school that offers an extracurricular athletic activity shall prominently display at the administrative offices of the school the name, telephone number, and electronic mail address of the school’s safety training program contact information.
189:72 Notice Required.
I. A school that offers an extracurricular athletic activity shall provide to each student participating in an extracurricular athletic activity and to the student’s parent or guardian a copy of the text this subdivision.
II. A document required to be provided under this section may be provided in an electronic format unless otherwise requested by a student, parent, or guardian.
189:73 Incorporation of Safety Regulations. The New Hampshire Interscholastic Athletic Association shall incorporate the provisions of this subdivision into the its constitution and contest rules.
189:74 Immunity from Liability. This subdivision does not waive any liability or immunity of a school district or its officers or employees. This subdivision does not create any liability for or a cause of action against a school district or its officers or employees.
189:75 Limitation of Liability. A person who volunteers to assist with an extracurricular activity is not liable for civil damages arising out of an act or omission relating to the requirements under this subdivision unless the act or omission is reckless or willfully negligent.
2 Effective Date. This act shall take effect July 1, 2008.