FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with concussions resulting from participation in youth athletic activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 13-36 be amended by adding thereto a NEW SECTION to read as follows:

    The South Dakota High School Activities Association, in concert with the Department of Education, shall develop guidelines to inform and educate member schools, coaches, athletes, and the parents or guardians of athletes, of the nature and risk of concussion, including continuing to play after sustaining a concussion. A concussion information sheet shall be signed and returned by any athlete who seeks to compete in activities sanctioned by the South Dakota High School Activities Association and the athlete's parent or guardian prior to the athlete's participation in any youth athletic activities sanctioned by the South Dakota High School Activities Association. A signed information sheet is effective for one academic year.

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    The guidelines and information sheet shall include protocols and content consistent with current medical knowledge for informing and educating each member school, coach, and athlete participating in athletic activities sanctioned by the South Dakota High School Activities Association, and the athlete's parent or guardian as to:

            (1)    The nature and risk of concussions associated with athletic activity;

            (2)    The signs, symptoms, and behaviors consistent with a concussion;

            (3)    The need to alert appropriate medical professionals for urgent diagnosis or treatment if an athlete is suspected to have received a concussion; and

            (4)    The need to follow proper medical direction and protocols for treatment and return to play after an athlete sustains a concussion.
    Section 2. That chapter 13-36 be amended by adding thereto a NEW SECTION to read as follows:

    The South Dakota High School Activities Association and the South Dakota Department of Education shall develop a training program consistent with section 1 of this Act. Each coach participating in athletic activities sanctioned by the South Dakota High School Activities Association shall complete the training program each academic year.
    Section 3. That chapter 13-36 be amended by adding thereto a NEW SECTION to read as follows:

    An athlete shall be removed from participation in any athletic activity sanctioned by the South Dakota High School Activities Association at the time the athlete:

            (1)    Exhibits signs, symptoms, or behaviors consistent with a concussion; or

            (2)    Is suspected of sustaining a concussion.
    Section 4. That chapter 13-36 be amended by adding thereto a NEW SECTION to read as follows:

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    No athlete who has been removed from participation in an athletic activity sanctioned by the South Dakota High School Activities Association may return to athletic activities until the athlete:

            (1)    No longer exhibits signs, symptoms, or behavior consistent with a concussion; and

            (2)    Receives an evaluation by a licensed health care provider trained in the evaluation and management of concussions and receives written clearance to return to play from such health care provider.
    Section 5. Any youth athletic activity not sanctioned by the South Dakota High School Activities Association, including any youth athletic activity sponsored by a city, business, or nonprofit organization, in which the athletes are eighteen years of age or younger, shall:

            (1)    Provide guidelines and an information sheet as required by subdivision (3) on concussions to each coach, youth athlete, and parent or guardian of each youth athlete. The guidelines and information sheet shall include protocols and content consistent with current medical knowledge for informing and educating each coach, youth athlete participating in youth athletic activities, and the athlete's parent or guardian as to:

            (a)    The nature and risk of concussions associated with athletic activity;

            (b)    The signs, symptoms, and behaviors consistent with a concussion;

            (c)    The need to alert appropriate medical professionals for urgent diagnosis and treatment if a youth athlete is suspected to have received a concussion; and

            (d)    The need to follow proper medical direction and protocols for treatment and return to play after a youth athlete sustains a concussion;

            (2)    Require that all coaches receive annual training consistent with subdivision (1) to educate them about the nature and risk of concussion, including continuing to play

after concussion; and

            (3)    Require that a concussion information sheet be signed and returned by the youth athlete and the athlete's parent or guardian prior to the youth athlete's participation in any youth athletic activities for the subsequent year.
    Section 6. A youth athlete shall be removed from participation in any youth athletic activity or at the time the youth athlete:

            (1)    Exhibits signs, symptoms, or behaviors consistent with a concussion; or

            (2)    Is suspected of sustaining a concussion.
    Section 7. No youth athlete who has been removed from participation in a youth athletic activity may return to youth athletic activities until the youth athlete:

            (1)    No longer exhibits signs, symptoms, or behavior consistent with a concussion; and

            (2)    Receives an evaluation by a licensed health care provider trained in the evaluation and management of concussions and receives written clearance to return to play from such health care provider.
    Section 8. For the purposes of this Act, a licensed health care provider is a person who is:

            (1)    Registered, licensed, certified, or otherwise statutorily recognized by the State of South Dakota to provide medical treatment; and

            (2)    Trained and experienced in the evaluation, management, and care of concussions.
    Section 9. For the purposes of sections 5 to 7, inclusive, of this Act, a youth athletic activity is any activity related to competition, practice, or training exercises.
    Section 10. Any person who provides services or assistance free of charge, except for reimbursement of expenses, as an athletic coach, manager, or official for a sports team that is organized or performing pursuant to a nonprofit or similar charter is immune from civil liability for any act or omission resulting in damage or injury to any player or participant if at the time

of the act or omission all the following are met:

            (1)    The person who caused the damage or injury was acting in good faith and in the scope of that person's duties for the sports team;

            (2)    The act or omission did not constitute willful misconduct or gross negligence;

            (3)    The coach, manager, or official had participated in safety orientation and training programs established by the league or team with which the person is affiliated.
    Section 11. This Act does not create any liability for, or create a cause of legal action against, a school, a school district, or any officer or employee of a school or school district.