Protecting Student Athletes from Concussions Act of 2019 (S.2600)

On October 15th, 2019, the Protecting Student Athletes from Concussions Act of 2019 was introduced in the senate. The premise of this proposed bill, is “To promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes” (Protecting Student Athletes from Concussions Act of 2019). Within this proposed bill, concussion is defined as a type of mild traumatic brain injury (mTBI), occurring with or without loss of consciousness. Concussions disrupt normal brain functioning and alter the mental state of the individual.

If enacted, the Minimum Requirements every state and public school must meet the following:

1. Develop and implement a plan for concussion safety and management, in consultation with members of the community;
2. Make information on concussions publicly available;
3. If an individual suspects a student has sustained a concussion, the individual must:
   • Remove the child from the activity;
   • Suspend returning to the sport/activity;
   • Report the incident to the parent or guardian; and
   • Inform the parent or guardian of future school-based interventions.
4. Collect a written release from a health care professional before a student who has sustained a concussion (regardless of where and when) is allowed to return to school-sponsored athletic activities,

Under minimum requirement one, the proposed bill encourages support for students recovering from a concussion, regardless of whether the concussion occurred during school or not. This support includes guiding students to resume participation and provide appropriate academic accommodations aimed at progressively reintroducing cognitive demands on the student. This support is achieved with the help of a multidisciplinary concussion management team, consisting of a healthcare professional, the parent(s) or guardian(s), relevant related services personnel, and other relevant school personnel. The term “related services personnel” specifically includes individuals who provide services under section 602 of the Individuals with Disabilities Education Act (IDEA), ie. occupational therapists (OTs).

Under minimum requirement four, before the student is allowed to return to athletic activities, the student may be required to follow a plan designed to aid the student in recovery and participation in a manner coordinated with periods of cognitive and physical rest, and reintroduce cognitive and physical demands on a progressive basis.

Occupational therapists will have the opportunity to participate in implementing this regulation should this bill become law. As part of their training, OTs have an understanding of head injuries, concussions, and their symptomatology. OTs already have a role in the public school system and can treat concussions within their scope of practice. OTs can provide a simple transition to increase the number of licenced professionals with the education system who can implement this protocol, and help athletes return to their sport and learning environment safely. We have a duty not only to ensure legislation like this passes, but to also advocate for OTs role in the front line of care.