§ 71-9104 — Schools; duties; participant on athletic team; actions required; notice to parent or guardian; effect of signature of licensed health care professional

(1) Each approved or accredited public, private, denominational,
or parochial school shall:
(a) Make available training approved by the chief medical
officer on how to recognize the symptoms of a concussion or brain injury and
how to seek proper medical treatment for a concussion or brain injury to all
coaches of school athletic teams;
(b) Require that concussion and brain injury information be
provided on an annual basis to students and the students' parents or guardians
prior to such students initiating practice or competition. The information
provided to students and the students' parents or guardians shall include,
but need not be limited to:
(i) The signs and symptoms of a concussion;
(ii) The risks posed by sustaining a concussion; and
(iii) The actions a student should take in response to sustaining
a concussion, including the notification of his or her coaches; and
(c) Establish
a return to learn protocol for students that have sustained a concussion.
The return to learn protocol shall recognize that students who have sustained
a concussion and returned to school may need informal or formal accommodations,
modifications of curriculum, and monitoring by medical or academic staff until
the student is fully recovered.
(2)(a) A
student who participates on a school athletic team shall be removed from a
practice or game when he or she is reasonably suspected of having sustained
a concussion or brain injury in such practice or game after observation by
a coach or a licensed health care professional who is professionally affiliated
with or contracted by the school. Such student shall not be permitted to participate
in any school supervised team athletic activities involving physical exertion,
including, but not limited to, practices or games, until the student (i) has
been evaluated by a licensed health care professional, (ii) has received written
and signed clearance to resume participation in athletic activities from the
licensed health care professional, and (iii) has submitted the written and
signed clearance to resume participation in athletic activities to the school
accompanied by written permission to resume participation from the student's
parent or guardian.
(b) If a student is reasonably suspected after observation
of having sustained a concussion or brain injury and is removed from an athletic
activity under subdivision (2)(a) of this section, the parent or guardian
of the student shall be notified by the school of the date and approximate
time of the injury suffered by the student, the signs and symptoms of a concussion
or brain injury that were observed, and any actions taken to treat the student.
(c) Nothing in this subsection shall be construed to require
any school to provide for the presence of a licensed health care professional
at any practice or game.
(d) The signature of an individual who represents that he
or she is a licensed health care professional on a written clearance to resume
participation that is provided to a school shall be deemed to be conclusive
and reliable evidence that the individual who signed the clearance is a licensed
health care professional. The school shall not be required to determine or
verify the individual's qualifications.

Legislative History

Source: Laws 2011, LB260, § 4; Laws 2014, LB923, § 5.