Interstate Compacts on Juveniles and Children

ORS 417.875
Required training regarding concussions

  • restrictions on participation in athletic event or training
  • guidelines
  • liability


(1)

As used in this section:

(a)

“Coach” means a person who volunteers for, or is paid to instruct or train members of, a nonschool athletic team.

(b)

“League governing body” means a governing body that:

(A)

Oversees an association of nonschool athletic teams that provide instruction or training for team members and that may compete with each other; and

(B)

Is affiliated with, or otherwise sponsored or organized by, a nonprofit corporation established as provided by ORS chapter 65.

(c)

“Nonschool athletic team” means an athletic team that includes members who are under 18 years of age and that is not affiliated with a public school in this state.

(d)

“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 nonschool athletic team who is suspected of having a concussion.

(e)

“Referee” means a person who volunteers or is paid to act as a referee, as an umpire or in a similar supervisory position for events involving nonschool athletic teams.

(f)

“Referee governing body” means a governing body that:

(A)

Trains and certifies individuals to serve as referees for nonschool athletic team events; and

(B)

Is affiliated with, or otherwise sponsored or organized by, a nonprofit corporation established as provided by ORS chapter 65.

(2)

(a) Each league governing body and each referee governing body shall ensure that the coaches and the referees, respectively, 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)

Each league governing body and each referee governing body shall adopt a policy that establishes:

(A)

The requirements of the training described in paragraph (a) of this subsection; and

(B)

Procedures that ensure that every coach and referee receives the training described in paragraph (a) of this subsection.

(3)

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

(a)

A coach may not allow a member of a nonschool 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 nonschool 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 nonschool 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 of a nonschool athletic team 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 nonschool athletic team has not suffered a concussion.

(5)

The league governing body shall develop or use existing guidelines and other relevant materials, and shall make available those guidelines and materials, to inform and educate persons under 18 years of age desiring to be a member of a nonschool athletic team, the parents and legal guardians of the persons and the coaches about the symptoms and warning signs of a concussion.

(6)

For each year of participation, and prior to a person under 18 years of age participating as a member of a nonschool athletic team, at least one parent or legal guardian of the person must acknowledge the receipt of the guidelines and materials described in subsection (5) of this section and the review of those guidelines and materials by:

(a)

The parent or legal guardian of the person; and

(b)

If the person is 12 years of age or older, the person.

(7)

A league governing body may hold an informational meeting prior to the start of any season for each nonschool athletic team regarding the symptoms and warning signs of a concussion.

(8)

(a) Any person who regularly serves as a coach or as a referee and who complies with the provisions of this section is immune from civil or criminal liability related to a head injury unless the person acted or failed to act because of gross negligence or willful or wanton misconduct.

(b)

Nothing in this section shall be construed to affect the civil or criminal liability related to a head injury of a person who does not regularly serve as a coach or a referee. [2013 c.489 §1; 2015 c.392 §2; 2017 c.409 §11; 2018 c.121 §2; 2019 c.358 §§9,10; 2019 c.378 §§10,11]
Note: The amendments to 417.875 (Required training regarding concussions) by section 10, chapter 358, Oregon Laws 2019, become operative July 1, 2020. See section 4, chapter 121, Oregon Laws 2018, as amended by section 50, chapter 358, Oregon Laws 2019. The text that is operative until July 1, 2020, including amendments by section 2, chapter 121, Oregon Laws 2018, section 9, chapter 358, Oregon Laws 2019, and section 11, chapter 378, Oregon Laws 2019, is set forth for the user’s convenience.
417.875 (Required training regarding concussions). (1) As used in this section:

(a)

“Coach” means a person who volunteers for, or is paid to instruct or train members of, a nonschool athletic team.

(b)

“Health care professional” means a physician licensed under 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), psychologist, physician assistant or nurse practitioner licensed under the laws of this state.

(c)

“League governing body” means a governing body that:

(A)

Oversees an association of nonschool athletic teams that provide instruction or training for team members and that may compete with each other; and

(B)

Is affiliated with, or otherwise sponsored or organized by, a nonprofit corporation established as provided by ORS chapter 65.

(d)

“Nonschool athletic team” means an athletic team that includes members who are under 18 years of age and that is not affiliated with a public school in this state.

(e)

“Referee” means a person who volunteers or is paid to act as a referee, as an umpire or in a similar supervisory position for events involving nonschool athletic teams.

(f)

“Referee governing body” means a governing body that:

(A)

Trains and certifies individuals to serve as referees for nonschool athletic team events; and

(B)

Is affiliated with, or otherwise sponsored or organized by, a nonprofit corporation established as provided by ORS chapter 65.

(2)

(a) Each league governing body and each referee governing body shall ensure that the coaches and the referees, respectively, receive annual training to learn how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person suspected of having a concussion.

(b)

Each league governing body and each referee governing body shall adopt a policy that establishes:

(A)

The requirements of the training described in paragraph (a) of this subsection; and

(B)

Procedures that ensure that every coach and referee receives the training described in paragraph (a) of this subsection.

(3)

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

(a)

A coach may not allow a member of a nonschool 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 nonschool 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 form from a health care professional.

(4)

A coach may allow a member of a nonschool athletic team to participate in any athletic event or training at any time after an athletic trainer licensed by the Board of Athletic Trainers determines that the member has not suffered a concussion. The athletic trainer may, but is not required to, consult with a health care professional in making the determination that the member has not suffered a concussion.

(5)

The league governing body shall develop or use existing guidelines and other relevant materials, and shall make available those guidelines and materials, to inform and educate persons under 18 years of age desiring to be a member on a nonschool athletic team, the parents and legal guardians of the persons and the coaches about the symptoms and warning signs of a concussion.

(6)

For each year of participation, and prior to a person under 18 years of age participating as a member on a nonschool athletic team, at least one parent or legal guardian of the person must acknowledge the receipt of the guidelines and materials described in subsection (5) of this section and the review of those guidelines and materials by:

(a)

The parent or legal guardian of the person; and

(b)

If the person is 12 years of age or older, the person.

(7)

A league governing body may hold an informational meeting prior to the start of any season for each nonschool athletic team regarding the symptoms and warning signs of a concussion.

(8)

(a) Any person who regularly serves as a coach or as a referee and who complies with the provisions of this section is immune from civil or criminal liability related to a head injury unless the person acted or failed to act because of gross negligence or willful or wanton misconduct.

(b)

Nothing in this section shall be construed to affect the civil or criminal liability related to a head injury of a person who does not regularly serve as a coach or a referee.
Note: Section 4 (3), chapter 121, Oregon Laws 2018, provides:
Sec. 4. (3) Notwithstanding the operative date specified in subsection (1) of this section [July 1, 2020], a psychologist, a physician assistant or a nurse practitioner licensed under the laws of this state may provide a medical release for a person to participate in an athletic event or training as provided by ORS 336.485 (Concussions) or 417.875 (Required training regarding concussions) without a certificate issued under section 3, chapter 121, Oregon Laws 2018 [336.490 (Qualified health care professional for purposes of ORS 336.485 and 417.875)], if the medical release is provided prior to July 1, 2021. [2018 c.121 §4(3); 2019 c.358 §50(3)]

Source

Last accessed
Jun. 26, 2021