Enrolled Act, Senate Bill 0093

First Regular Session 117th General Assembly (2011)

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SENATE ENROLLED ACT No. 93

AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 20-34-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 7. Student Athletes: Concussions and Head Injuries
    Sec. 1. As used in this chapter, "association" has the meaning set forth in IC 20-26-14-1.
    Sec. 2. (a) Before July 1, 2012, the department shall disseminate guidelines, information sheets, and forms to each school corporation for distribution to a school to inform and educate coaches, student athletes, and parents of student athletes of the nature and risk of concussion and head injury to student athletes, including the risks of continuing to play after concussion or head injury.
    (b) The department:
        (1) may consult with the association, medical professionals, and others with expertise in diagnosing and treating concussions and head injuries; and
        (2) may request the assistance of the association in disseminating the guidelines, information sheets, and forms required under subsection (a).
    (c) The department may disseminate the materials required under this section in an electronic format.
    Sec. 3. Each year, before beginning practice for an interscholastic or intramural sport, a high school student athlete and the student athlete's parent:
        (1) must be given the information sheet and form described in section 2 of this chapter; and
        (2) shall sign and return the form acknowledging the receipt of the information to the student athlete's coach.
The coach shall maintain a file of the completed forms.
    Sec. 4. A high school student athlete who is suspected of sustaining a concussion or head injury in a practice or game:
        (1) shall be removed from play at the time of the injury; and
        (2) may not return to play until the student athlete has received a written clearance under section 5(a) of this chapter.
    Sec. 5. (a) A high school student athlete who has been removed from play under section 4 of this chapter may not return to play until the student athlete:
        (1) is evaluated by a licensed health care provider trained in the evaluation and management of concussions and head injuries; and
        (2) receives a written clearance to return to play from the health care provider who evaluated the student athlete.
    (b) A licensed health care provider who evaluates a student athlete under subsection (a) may conduct the evaluation as a volunteer. A volunteer health care provider who in good faith and gratuitously authorizes a student athlete to return to play is not liable for civil damages resulting from an act or omission in the rendering of an evaluation, except for acts or omissions that constitute gross negligence or willful or wanton misconduct.