SSB 5763 -
By Senators King, McAuliffe
ADOPTED 03/09/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 4.24.660 and 1999 c 316 s 3 are each amended to read
as follows:
(1) A school district shall not be liable for an injury to or the
death of a person due to action or inaction of persons employed by, or
under contract with, a youth program if:
(a) The action or inaction takes place on school property and
during the delivery of services of the youth program;
(b) The private nonprofit group provides proof of being insured,
under an accident and liability policy issued by an insurance company
authorized to do business in this state, that covers any injury or
damage arising from delivery of its services. Coverage for a policy
meeting the requirements of this section must be at least fifty
thousand dollars due to bodily injury or death of one person, or at
least one hundred thousand dollars due to bodily injury or death of two
or more persons in any incident. The private nonprofit shall also
provide a statement of compliance with the policies for the management
of concussion and head injury in youth sports as set forth in section
2 of this act; and
(c) The group provides proof of such insurance before the first use
of the school facilities. The immunity granted shall last only as long
as the insurance remains in effect.
(2) Immunity under this section does not apply to any school
district before January 1, 2000.
(3) As used in this section, "youth programs" means any program or
service, offered by a private nonprofit group, that is operated
primarily to provide persons under the age of eighteen with
opportunities to participate in services or programs.
(4) This section does not impair or change the ability of any
person to recover damages for harm done by: (a) Any contractor or
employee of a school district acting in his or her capacity as a
contractor or employee; or (b) the existence of unsafe facilities or
structures or programs of any school district.
NEW SECTION. Sec. 2 A new section is added to chapter 28A.600
RCW to read as follows:
(1)(a) Concussions are one of the most commonly reported injuries
in children and adolescents who participate in sports and recreational
activities. The centers for disease control and prevention estimates
that as many as three million nine hundred thousand sports-related and
recreation-related concussions occur in the United States each year.
A concussion is caused by a blow or motion to the head or body that
causes the brain to move rapidly inside the skull. The risk of
catastrophic injuries or death are significant when a concussion or
head injury is not properly evaluated and managed.
(b) Concussions are a type of brain injury that can range from mild
to severe and can disrupt the way the brain normally works.
Concussions can occur in any organized or unorganized sport or
recreational activity and can result from a fall or from players
colliding with each other, the ground, or with obstacles. Concussions
occur with or without loss of consciousness, but the vast majority
occurs without loss of consciousness.
(c) Continuing to play with a concussion or symptoms of head injury
leaves the young athlete especially vulnerable to greater injury and
even death. The legislature recognizes that, despite having generally
recognized return to play standards for concussion and head injury,
some affected youth athletes are prematurely returned to play resulting
in actual or potential physical injury or death to youth athletes in
the state of Washington.
(2) Each school district's board of directors shall work in concert
with the Washington interscholastic activities association to develop
the guidelines and other pertinent information and forms to inform and
educate coaches, youth athletes, and their parents and/or guardians of
the nature and risk of concussion and head injury including continuing
to play after concussion or head injury.
(3) On a yearly basis, prior to participating in an interscholastic
athletic activity a concussion and head injury information sheet shall
be signed by the youth athlete and the athlete's parent and/or guardian
and returned to the school district.
(4)(a) A youth athlete who is suspected of sustaining a concussion
or head injury in a practice or game shall be removed from competition
at that time.
(b) A youth athlete who has been removed from play for a suspected
concussion or head injury may not return to play until the athlete is
evaluated by a licensed health care provider trained in the evaluation
and management of concussions and receives written clearance to return
to play from that person.
(c) The licensed health care provider trained in the evaluation and
management of concussions may be a volunteer. A volunteer who
authorizes a youth athlete to return to play is not liable for civil
damages resulting from any act or omission in the rendering of such
care, other than acts or omissions constituting gross negligence or
willful or wanton misconduct.
(5) This section may be known and cited as the Zackery Lystedt
law."
SSB 5763 -
By Senators King, McAuliffe
ADOPTED 03/09/2009
On page 1, line 2 of the title, after "sports;" strike the remainder of the title and insert "amending RCW 4.24.660; and adding a new section to chapter 28A.600 RCW."