About 1.6 to 3.8 million sports and recreational brain vibrations occur each year in the United States (18). Although concussions can occur in many sports and in all age groups of sport participation, the highest percentage of sport-related concussions occurs in people aged 15 to 24 years (8.21). Requires the Department of Health and Human Services to lead the Department of Violence and Injury Prevention to develop an inter-school head injury athletic training program in which all public schools and any schools subject to the rules of the Massachusetts Interscholastic Athletic Association should participate. Participation in the program is required annually by coaches, coaches, parent volunteers for any extracurricular athletic activity, physicians and nurses employed by a school or school district or who volunteer to assist with an extracurricular athletic activity, school athletic directors, school band directors, and a parent or guardian of a child participating in an extracurricular athletic activity. Parents/guardians of students must also complete and sign a form that will allow them to participate in an extracurricular activity. Students who lose consciousness during training or competition may not return to training or competition until they have received written permission from a physician, licensed neuropsychologist, certified athletic trainer or other trained licensed health professional. Concussion educational resources are now more available thanks in large part to the CDC, NFHS, and the Zurich International Conference on Concussions in Sport. These three companies have created a framework for comprehensive concussion training for health care providers and non-caregivers. However, the legislation and implementation of concussion training for coaches, leaders, volunteers and certified sports coaches/certified coaches (CTAs) vary greatly in terms of content and frequency of completion. Five states recommend the training of trainers, but have no specific requirements for continuing education or proof of completion. Thirty states require annual formal education, with the remaining 15 states ranging from a single certification to every 3 years. In terms of educational content, legislation from Washington and Alabama is being transferred to local school districts to implement educational specifics for coaches and officials. The Washington SIAA requires an annual online concussion course for paid and volunteer trainers.
Arizona has developed “Brainbook,” an online training platform whose completion is required for participation in interschool sports activities for coaches and student-athletes. California requires a first aid component in its concussion training. In general, states rely on concussion education materials published by the NFHS and CDC to meet their state`s requirements (7). Eleven states require a series of CDC or NFHS videos or lectures with proof of completion as a train-the-trainer. In contrast, states like Colorado have released their own robust educational materials for parents, coaches, teachers, and health care providers under the Jake Snakenberg Youth Concussion Act. Although the use of this specific training material is not required by law, significant resources have been freed up for the development of a concussion management team. In Texas, however, this concussion management team is at the center of state legislation and implements training accordingly. It is estimated that there are an estimated 1.6 to 3.8 million sport- and recovery-related concussions each year in the United States, with an average annual increase in incidence of 15.5% from 1998 to 2007. From 2009 to 2014, all 50 states passed youth concussion laws. This study clarifies the fundamental elements common to government concussion legislation and the implementation of the State Interschool Sports Association (SIAA).
A review of the HIFI`s concussion literature, legislation and concussion law was conducted for all 50 U.S. states. Prescribed concussion education varies depending on the frequency of certification and the type of training. Student-athletes and their parents/guardians in most states are required to sign annual education fact sheets. Forty-nine states write explicitly about the withdrawal from the game. Return-to-play protocols vary in terms of schedule, content, and healthcare professionals who can provide written permission. In summary, it is important that sports physicians stay informed about current and revised concussion legislation in the jurisdictions where they provide care. The standard of care for sport-related concussions has become a hotly debated topic in light of recent legal and scientific developments. As individual lawsuits related to concussion-related injuries are on the rise, major organizations such as the National Collegiate Athletic Association (NCAA), Pop Warner and state sports federations have also become targets of litigation. At this point, as the standards for sports coaches (TAs) and other health professionals are still unclear, it is important not only to understand the recent legal environment, but also to pay attention to other laws and guidelines implemented by conferences and individual organizations. While the bottom line remains uncertain, clinging to changing ideas in the concussion landscape can help protect medical professionals in the event of a lawsuit and, more importantly, lead to real grassroots change and safer sports for any athlete. After all, ensuring the health and safety of the athlete is the ultimate goal.
This article examines several recent lawsuits related to sport-related concussions and how legal theories and obligations of health professionals have evolved as a result of these lawsuits, while the standard of care for TAs and other health professionals remains unclear. Require the Ministry of Education to develop and distribute standard guidelines regarding the nature and risk of concussions for student-athletes. Also requires removal from play and medical assessment of a student-athlete suspected of having suffered a concussion during the game, and allows the assessment to be performed by a volunteer health care provider. While opening this case would typically violate the statute of limitations so long after the alleged violations, Irvin attempted to circumvent this by stating that “until recently, the plaintiffs acted reasonably and did not associate any of Mr. Irvin`s conditions or symptoms with his college football career.” 18 (p. 8) Irvin stated that once “the long-term effects of concussions have been highly publicized by the national media,” he agreed with paragraphs.18 (p8) This statute of limitations is based on the discovery rule adopted by the State of Illinois.