An Act To Establish Head Injury Safety Requirements for School Athletic Programs
Maine Legislature, Session 124, LD 1300
Committee: Education and Cultural Affairs
Sponsors: DOSTIE, HOBBINS, ADAMS, BICKFORD, CLEARY, FLAHERTY, MAZUREK, NUTTING
Amends: 20-A MRSA §6554

FIRST KE(JULAK SESSIuN-2009 
Legislative Document 
No. 1300 
H.P.903 
House of Representatives, March 31, 2009 
An Act To Establish Head Injury Safety Requirements for School 
Athletic Programs 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative DOSTIE of Sabattus. 
Cosponsored by Senator HOBBINS of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BICKFORD of Auburn, BLANCHARD of .old Town, 
CLEARY of Houlton, FLAHERTY of Scarborough, MAZUREK of Rockland, THIBODEAU. 
of Winterport, Senator: NUTTING of Androscoggin. 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §6554 is enacted to read: 
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§65S4. Head injury-prevention and detection for participants in extracurricular 
athletic activities 
1. Hefinitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Coach" includes a head coach, assistant coach, athletic director, director, 
manager, parent volunteer or other person responsible for the supervision of students 
engaged in an extracumcular athletic activity. 
. 
B. "Program" means the program developed pursuant to subsection 2. 
C. "School" means a public school or a private school approved for tuition purposes. 
D. 
"Student-athlete" means a student participating in an extracurricular athletic 
activity. 
. 
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2. Development of program. The commissioner and the Director of the Maine 
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Center for Disease Control and' Prevention in the Department of Health and Human 
Services jointly shall develop a program for the prevention, diagnosis and treatment of 
head and neck injuries for participants in extracurricular activities in all schools. The 
program must contain at least the following provisions: 
A. At a minimum: 
(1) . Training in recognizing the symptoms of potentially catastrophic injuries, 
including head and neck injuries, concussions and secondwimpact syndrome; 
(2) . Information on the biology of concussions; and 
(3) The short-term and long-term consequences of concussions; 
B. The following persons must satisfactorily complete the program: 
(1) A coach; and 
(2) A physician or trainer who is employed by a school or school administrative 
district or who volunteers to assist with an extracurricular athletic activity; and 
C. The development of a form to be used by a student-athlete. The form must 
include information regarding the symptoms of concussions and the short-term and 
lorig-term effects of concussions and must be signed by the student and the parent or 
guardian of the student prior to participation by the student in an extracurricular 
athletic activity. 
. 
. 
The commissioner and the Director of the Maine Center for Disease Control and 
Prevention shall annually review and update the program . 
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3. Unreasonably dangerous activity. A coach may not encourage or permit a 
student-athlete to engage' in an unreasonably dangerous activity or technique that 
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unnecessarily endangers the health of the student-athlete, such as using sports equipment 
as a weapon. 
4. Limitation on participation. If a student-athlete becomes unconscious or suffers 
a concussion, as diagnosed by a medical professional, during a practice or competition, 
the student-athlete may not: 
A. Return to participate in that practice or competition; and 
B. Participate in any extracurricular athletic activity until the student-athlete receives 
written authorization for such participation froma physician. 
. 
5. Records. The athletic director of a school shall maintain complete and accurate 
records of the school's compliance with this section. 
6. Posting of policy. A school shall post at entrances the requirements of this 
section. 
7. 
Penalty. 
The COIDIIllSSlOner shall develop, by rulemaking, penalties for 
noncompliance with this section. Rules adopted pursuant to this subsection are "routine 
technical rules as provided in Title 5, chapter 375, subchapter 2-A. 
. 
8. Waiver of liability or immunity. This section may not be construed to waive 
any liability or immunity of a school or its officers or employees or to create any liability 
for a course of legal action against a school or its officers or employees. 
9. 
Immunity for volunteer. 
A person who volunteers to assist· with an 
extracurricular athletic activity is immune from civil suit or damages arising out of an act 
or omission relating to the requirements of this section unless that act or omission was 
willfully negligent. 
SUMMARY 
This bill requires the Commissioner of Education and the Director of the Maine 
Center for Disease Controlahd Prevention In the Department of Health and Human 
Services to develop jointly a program for the prevention, diagnosis and treatment of head 
and neck injuries for participants in extracurricular activities in all schools. A coach or 
other person in charge of students engaged in an athletic activity is required to complete 
the program, which inclu~es training in recognizing head injuries. 
A student who suffers a loss of consciousness or a concussion during a practice or 
competition is prohibited from participating further in an extracurricular athletic activity 
until the student receives authorization from a physician. 
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