State Concussion Laws

Source: sadlersports.com - State Concussion Laws
Author: John M. Sadler

Review of 51 laws highlights protection gaps

The NFL helped bring about the most positive concussion news in recent years by helping all 50 states and the District of Columbia to pass laws aimed at protecting youth athletes from head injuries. But many are now asking if those laws carry enough weight.

A recent review by the Associated Press of the 51 concussion laws found that approximately 33 percent made no reference to any ages or grade levels covered. Even fewer make explicit reference to both interscholastic sports and recreation leagues. Some state laws clearly cover public and private schools, some only reference public schools, and others lack any such wording. And any mention of penalties for non-compliant schools and leagues is absent in nearly all.

Missing the mark of the original goal

Washington state passed the first concussion law in 2009. That law calls for coach education on concussion symptoms, removing players from games for suspected head injuries,  return-to-play clearance, and required parent/player signed concussion information forms.

The AP review found that only 21 of the laws include all four of the required components in Washington’s bill, which served as the  model for other states’ legislation. Laws in only 34 states mandate return to play/practice only upon written clearance by a health care provider trained in the evaluation and management of concussions. And only 30 require concussion information forms be signed by athletes and their parent/guardian.

Headline media coverage of concussion issues resulted in states passing concussion laws quickly. However, concerns about the cost of enforcing the laws resulted in many being ultimately weaker than originally intended, according to Jay Rodne, a Washington state representative who sponsored the original bill.

Where things stand

The NFL admits that in some states compromises were made in some states to get laws on the books. This resulted in “A ‘B’-level law, as opposed to an ‘A’-level law,” according to Jeff Miller of the  NFL’s health and safety policy. It’s always possible to go back and amend the laws, said Miller. He points out that the passage of these laws has resulted in a growing awareness of concussion safety protocols and risk management among players, parents, coaches, and team/league administrators and concussion treatment.

We invite you to read more of our articles on concussion risk management and research.

Source:  Howard Fendrich and Eddie Pells, “Youth Concussion Laws Pushed By NFL Are Not Enough,” huffingtonpost.com, 28 Jan. 2015.

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Increase in High School Football Participation

Source: sadlersports.com - Increase in High School Football Participation
Author: John M. Sadler

Concussion education and laws helping to boost the numbers

In previous posts we’ve discussed the impact media attention on concussions may have on the future of youth football.  Some people have gloomily predicted an end to the sport. However, after a five-year nationwide decline in high school football participation, an increase in 2013 has been reported by the National Federation of State High School Associations.

Educating parents and coaches on concussion diagnosis and return to play and new concussion laws being enacted in every state and the District of Columbia have no doubt played a significant role in the increase.  During the 2013-14 school year, there were 6,607 more boys and 184 more girls participating in football over the previous year.

Parents are apparently measuring benefits of participating with the chances of an injury and deciding that the precautions now in place have lowered the risk of injury to an acceptable level, according to Davis Whitfield, the N.C. High School Athletic Association commissioner.  The NFSHS enacted several rule changes, such as where players line up on kickoffs and anyone losing a helmet during play is required to leave and not return until it has been properly secured. And many state associations have limited the amount of contact in practices.

Ongoing concerns

Despite the growing awareness and positive changes in protocols, not all the news is good. Four high school football players died during the 2013 season from head injuries. And several high profile former NFL players have expressed concerns about having their own children play football.

In North Carolina, the deaths of two high school players in 2008 were the impetus for passing the Gfeller-Waller Concussion Awareness Act. That state law says that all public middle and high schools must provide concussion education to coaches, parents and players, develop emergency action plans, and to have post-concussion protocol in place to be followed as to when players with suspected injuries can resume play or practice.

However, violations of the law are occurring, but there are no penalties attached to it. An state audit of the found that high schools in 13 of the state’s 115 districts weren’t in compliance, most for not posting emergency action plans. There’s no reason to think other states aren’t experiencing similar violation issues.

The NCHSAA is proposing fines and other penalties for non-compliance. The commissioner cited violating return-to-play protocol could carry a fine and failure to get a parental concussion education form signed would mean the player is ineligible to play.

Looking ahead

Only 13 states have concussion laws covering all youth sports, while most cover just high school and middle school athletics.  Advocates of stronger protocols say that expanding concussion laws to include any youth teams and leagues using public fields should be the standard for all states.

Please see our other articles on concussion risks, research and prevention.

Source: Tim Stevens, “Participation in high school football increases despite concussion risk,” newsobserver.com. 03 Jan. 2015

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