ORS 336.485
Concussions

  • training of coaches
  • participation by athletes
  • medical release from qualified health care professional
  • rules

(1)

As used in this section:

(a)

“Coach” means a person who instructs or trains members of a school athletic team, as identified by criteria established by the State Board of Education by rule.

(b)

“Qualified health care professional” means:

(A)

A physician licensed pursuant to ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location); or

(B)

A health care professional who meets the requirements described in ORS 336.490 (Qualified health care professional for purposes of ORS 336.485 and 417.875) to provide a medical release for a member of a school athletic team who is suspected of having a concussion.

(2)

Intentionally left blank —Ed.

(a)

Each school district shall ensure that coaches receive annual training to learn how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person who is suspected of having a concussion.

(b)

The board shall establish by rule:

(A)

The requirements of the training described in paragraph (a) of this subsection, which shall be provided by using community resources to the extent practicable; and

(B)

Timelines to ensure that, to the extent practicable, every coach receives the training described in paragraph (a) of this subsection before the beginning of the season for the school athletic team.

(3)

Except as provided in subsection (4) of this section:

(a)

A coach may not allow a member of a school athletic team to participate in any athletic event or training on the same day that the member:

(A)

Exhibits signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body; or

(B)

Has been diagnosed with a concussion.

(b)

A coach may allow a member of a school athletic team who is prohibited from participating in an athletic event or training, as described in paragraph (a) of this subsection, to participate in an athletic event or training no sooner than the day after the member experienced a blow to the head or body and only after the member:

(A)

No longer exhibits signs, symptoms or behaviors consistent with a concussion; and

(B)

Receives a medical release from a qualified health care professional.

(4)

A coach may allow a member of a school athletic team to participate in any athletic event or training at any time after an athletic trainer licensed by the Board of Athletic Trainers, or a physician licensed pursuant to ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location), determines that the member has not suffered a concussion. The athletic trainer or physician may, but is not required to, consult with a qualified health care professional in making the determination that the member of a school athletic team has not suffered a concussion. [2009 c.661 §1; 2015 c.392 §1; 2017 c.409 §8; 2018 c.121 §1; 2019 c.358 §§2,3; 2019 c.378 §§8,9]

Source: Section 336.485 — Concussions; training of coaches; participation by athletes; medical release from qualified health care professional; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors336.­html.

Notes of Decisions

This section creates liberty interest:B1.that members of school athletic program be free from exposure to risk of further injury after suffering from concussion, until healthcare professional clears member to return to athletic participation:B1.that is protected by Fourteenth Amendment. Martin for C.M. v. Hermiston School District 8R, 499 F. Supp. 3d 813 (D. Or. 2020)

336.010
School month 336.012
Twelve-month class schedule optional 336.014
Providing programs outside usual classroom hours 336.029
Oregon Civics Day for Teachers 336.035
Required courses of study 336.057
Courses in Constitution and history of United States 336.059
Child sexual abuse prevention instructional program 336.067
Topics given special emphasis in instruction 336.071
Emergency drills and instruction 336.076
Advisory group regarding English language learner programs 336.079
English language learners 336.081
Opportunity to qualify to assist non-English-speaking students 336.082
Development of nondiscriminatory curriculum 336.086
Standards for curriculum described in ORS 336.082 336.092
Definitions for ORS 336.092 and 336.095 336.095
Full-day and half-day kindergarten 336.101
Early Learning Kindergarten Readiness Partnership and Innovation Program 336.104
Early Learning Kindergarten Readiness Partnership and Innovation Account 336.107
Parenting skills and child development course 336.109
Policy to reduce gang involvement, violent activities and drug abuse 336.113
Multicultural education 336.145
Adult education classes 336.175
Extended educational experiences 336.179
Recognition of student achievement 336.184
Oregon Student Information Protection Act 336.187
When school authorized to disclose information about student 336.201
Nursing services provided by district 336.204
Department assistance in funding school nursing services 336.211
Vision screenings and eye examinations 336.212
Vision Health Account 336.213
Dental screenings 336.214
Request not to participate in dental screening 336.216
Mental health screenings 336.222
District policy and plan 336.227
Duties of Oregon Health Authority 336.235
State board rules 336.241
Inclusion of cannabis abuse prevention curricula supplements and public information programs in policies and plans 336.423
Standards for food and beverages sold to students in schools 336.426
Oregon Farm-to-School and School Garden Program 336.431
Farm-to-School Grant Program to purchase Oregon food products and to fund certain educational activities 336.441
Use of alcoholic beverages in culinary arts classes 336.445
Use of polystyrene foam in meal service 336.455
Human sexuality education courses 336.465
Examination of instructional material 336.472
Instruction in cardiopulmonary resuscitation and uses of automated external defibrillators 336.473
Instruction in oral health 336.474
Instruction on organ and tissue donation and education 336.477
Rights 336.479
Physical examination prior to participation in extracurricular sports 336.485
Concussions 336.490
Qualified health care professional for purposes of ORS 336.485 and 417.875 336.495
Form for student diagnosed with concussion or brain injury 336.505
“Community school program” defined 336.510
Legislative findings 336.520
Community school program to provide for advisory involvement 336.525
Program to be operated by district providing elementary or secondary education 336.575
Notice and consultation before establishing, expanding or changing residential program 336.580
Education at youth care centers 336.585
Education for children enrolled in Juvenile Detention Education Program 336.590
Education for children enrolled in Youth Corrections Education Program 336.615
Definition for ORS 336.615 to 336.665 336.625
Goals 336.631
Private alternative programs 336.635
Enrollment in alternative education program 336.637
Instruction in educational standards required 336.640
Rules governing education for pregnant and parenting students 336.645
Notification of availability of program 336.655
District evaluation of program 336.665
Effect of failure to propose alternative programs 336.790
Definitions for ORS 336.790 to 336.820 336.795
Purposes of traffic safety education course 336.800
School course in traffic safety education 336.802
Traffic safety education course 336.804
Unavailability of traffic safety education course 336.805
Reimbursement to course provider 336.807
Reimbursement to Department of Human Services 336.810
Student Driver Training Fund 336.815
Contract with commercial driver training school 336.820
Sanctions for violation of ORS 336.790 to 336.820 336.840
Policies for personal electronic devices 336.851
Creation 336.856
Oregon Digital Learning Fund
Green check means up to date. Up to date

Current through early 2024

§ 336.485’s source at oregon​.gov