A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-63-77 SO AS TO REQUIRE STUDENTS IN GRADES SEVEN THROUGH TWELVE WHO PARTICIPATE IN INTERSCHOLASTIC ATHLETICS TO RECEIVE AN ANNUAL PHYSICAL EXAMINATION BEFORE PARTICIPATION AND A ONE-TIME ELECTROCARDIOGRAM BEFORE INITIAL PARTICIPATION, TO PROVIDE FOR EXEMPTIONS, LIABILITY LIMITATIONS, AND SCHOOL DISTRICT DUTIES, TO REQUIRE GOVERNING BODIES OF INTERSCHOLASTIC ATHLETICS TO CONFORM THEIR BYLAWS, AND TO PROVIDE FOR EFFECTIVE DATES AND APPLICABILITY.

 

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

 

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

 

    Section 59-63-77.  (A) For purposes of this section:

       (1) "Student athlete" means a student in grades seven through twelve enrolled in a public school in this State who participates in interscholastic athletics.

       (2) "Healthcare provider" means a person who is:

           (a) a licensed physician authorized to practice medicine in this State pursuant to Article 1, Chapter 47, Title 40;

           (b) a licensed advanced practice registered nurse (APRN) authorized to practice in this State pursuant to Chapter 33, Title 40, excluding certified registered nurse anesthetists; or

           (c) a licensed physician assistant (PA) authorized to practice in this State pursuant to Article 7, Chapter 47, Title 40.

       (3) "Electrocardiogram" or "EKG" means a test that measures the electrical activity of the heart and is used to detect heart abnormalities.

       (4) "Participation" includes, but is not limited to, tryouts, optional or required conditioning and practices, athletic contests, and scrimmages conducted under the auspices of a school or school district.

       (5) "Physical examination" means a medical examination performed by a healthcare provider to assess a student's general health and physical fitness for participation in athletic activities.

    (B)(1) Beginning with the 2027-2028 School Year, a student athlete must complete the following before participation in interscholastic athletics:

           (a) An annual physical examination conducted within the twelve months preceding the start of each athletic season; and

           (b) A one-time electrocardiogram (EKG) prior to the student's initial participation in interscholastic athletics in grades seven through twelve.

       (2) Examinations required under this section must be conducted by a healthcare provider as defined in subsection (A)(2). A healthcare provider who administers or evaluates an electrocardiogram must be trained in the diagnosis, evaluation, and management of electrocardiograms.

       (3) Documentation of compliance must be submitted to the student's school district prior to participation.

    (C)(1) A student is exempt from the requirements of this section if:

           (a) the student's parent or legal guardian submits a written objection to the examination or electrocardiogram based on sincerely held religious tenets or practices; or

           (b) a healthcare provider issues a certificate of medical exemption based on the student's individual medical condition.

       (2) If a student is exempt under this subsection:

           (a) there is no liability on the part of any person, school, school district, or governing body of interscholastic athletics for any injury or death to the student arising directly from an undisclosed medical condition that would likely have been revealed by the examination or electrocardiogram; and

           (b) the exemption does not impose a duty of care or a duty to warn on any such person or entity.

    (D)(1) A student athlete who receives an abnormal EKG result is prohibited from participating in tryouts, practices, or competitions until the student submits written medical clearance to the school district.

       (2) The medical clearance must be issued by a healthcare provider trained in the diagnosis, evaluation, and management of electrocardiograms.

       (3) There is no liability on the part of a school, school district, or governing body of interscholastic athletics for any injury or death to the student arising from a cardiac event following such clearance.

    (E)(1) Each school district shall make good-faith efforts to pursue public and private partnerships to provide electrocardiograms at low or no cost to student athletes.

       (2) A student athlete is exempt from the EKG requirement if the school district in which the student resides is unable to obtain a public or private partnership that provides EKGs at a cost of less than fifty dollars per student.

    (F) Any governing body of interscholastic athletics operating in this State shall revise its bylaws, rules, and procedures as necessary to conform to the provisions of this section. A school district may not participate in interscholastic competitions sanctioned by a governing body that fails to comply with this subsection.

 

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

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