South Carolina General Assembly
119th Session, 2011-2012

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Bill 668


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-97 SO AS TO REQUIRE EACH LOCAL SCHOOL DISTRICT OF THIS STATE TO DEVELOP POLICIES AND PROCEDURES REGARDING THE IDENTIFICATION OF SUSPECTED CONCUSSIONS IN STUDENT ATHLETES AND THEIR SUSPENSION FROM PLAY UNTIL CLEARED BY A LICENSED HEALTH CARE PROFESSIONAL, TO REQUIRE STUDENT ATHLETES AND THEIR PARENTS OR LEGAL GUARDIANS TO READ AND SIGN THE POLICIES, TO PROVIDE THAT THE HEALTH CARE PROFESSIONAL MAY SERVE AS A VOLUNTEER, AND TO LIMIT HIS LIABILITY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-97.    (A)    A local school district shall develop policies and procedures regarding the identification and handling of suspected concussions in student athletes. These policies must require that a student athlete suspected by his coach, athletic trainer, or team physician of sustaining a concussion or brain injury in a practice or athletic competition must be removed from the activity at that time. A student athlete who has been removed from play, evaluated, and suspected to have a concussion or brain injury may not return to play until he has received written clearance by a licensed health care professional trained in concussion evaluation and management.

(B)    On an annual basis, a copy of these guidelines must be distributed to the parent or legal guardian of each student athlete in the school district, which must be signed and returned by the student athlete and his parent or legal guardian before he is permitted to participate in athletic competition or practices.

(C)    The licensed health care provider who evaluates suspected concussions in student athletes pursuant to subsection (A) may serve as a volunteer. A volunteer who authorizes the student athlete to return to play is not liable for civil damages resulting from an act or omission in the rendering of his care, other than acts or omissions constituting gross negligence or wilful or wanton misconduct."

SECTION    2.    This act takes effect upon approval by the Governor.

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