Feed for /2011/related/proposals/ab259 PDF
2011 - 2012 LEGISLATURE
September 15, 2011 - Introduced by Representatives Fields, Ripp, Hulsey, Krug,
Spanbauer, Wynn, Pasch, Endsley, E. Coggs, Berceau, Staskunas, Bernier

and Bernard Schaber, cosponsored by Senators Darling, Lassa and Taylor.
Referred to Committee on Education.
AB259,1,2 1An Act to amend 119.04 (1); and to create 118.293 of the statutes; relating to:
2concussions and other head injuries sustained in youth athletic activities.
Analysis by the Legislative Reference Bureau
This bill directs the Department of Public Instruction, in conjunction with the
Wisconsin Interscholastic Athletic Association, to develop guidelines and other
information to educate coaches and athletes and their parents or guardians about
the risk of concussion and head injury in youth athletic activities. The bill defines
"youth athletic activity," with certain exceptions, as an organized athletic activity in
which the participants, a majority of whom are at least 11 and under 19 years of age,
are engaged in an athletic game or competition against another team, club, or entity,
or in practice or preparation for an organized athletic game or competition against
another team, club, or entity.
The bill requires each person operating a youth athletic activity annually to
distribute a concussion and head injury information sheet to each person who wishes
to participate in the activity and prohibits a person from participating in a youth
athletic activity until he or she has returned the sheet signed by the person and, if
he or she is under the age of 19, by his or her parent or guardian.
The bill requires that a person who is suspected of sustaining a concussion or
head injury in a youth athletic activity be removed from the activity immediately.
A person who has been so removed may not participate in a youth athletic activity
until he or she is evaluated by a health care provider who has been trained in the
evaluation and management of concussion and head injuries and receives a written
clearance to participate in the activity from the health care provider. The bill

provides that if a health care provider who is a volunteer authorizes a person to
participate in a youth athletic activity, he or she is immune from civil liability for any
injury resulting from that act unless the act constitutes gross negligence or willful
or wanton misconduct.
In the bill, "health care provider" means a physician, physician assistant,
advanced practice nurse prescriber, or an athletic trainer.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB259, s. 1 1Section 1. 118.293 of the statutes is created to read:
AB259,2,2 2118.293 Concussion and head injury. (1) In this section:
AB259,2,53 (a) "Health care provider" means a physician, a physician assistant licensed
4under ch. 448, an advanced practice nurse prescriber certified under s. 441.16 (2), or
5an athletic trainer licensed under subch. VI of ch. 448.
AB259,2,126 (b) "Youth athletic activity" means an organized athletic activity in which the
7participants, a majority of whom are at least 11 years of age and under 19 years of
8age, are engaged in an athletic game or competition against another team, club, or
9entity, or in practice or preparation for an organized athletic game or competition
10against another team, club, or entity. "Youth athletic activity" does not include a
11college or university activity or an activity that is incidental to a nonathletic
12program.
AB259,2,16 13(2) In conjunction with the Wisconsin Interscholastic Athletic Association, the
14department shall develop guidelines and other information for the purpose of
15educating athletic coaches and pupil athletes and their parents or guardians about
16the nature and risk of concussion and head injury in youth athletic activities.
AB259,3,2 17(3) Annually, the person operating a youth athletic activity shall distribute a
18concussion and head injury information sheet to each person who wishes to
19participate in the youth athletic activity. No person may participate in a youth

1athletic activity unless the person returns the information sheet signed by the person
2and, if he or she is under the age of 19, by his or her parent or guardian.
AB259,3,5 3(4) (a) A person who is suspected of sustaining a concussion or head injury in
4a youth athletic activity shall be removed from the youth athletic activity
5immediately.
AB259,3,106 (b) A person who has been removed from a youth athletic activity under par.
7(a) may not participate in a youth athletic activity until he or she is evaluated by a
8health care provider who has been trained in the evaluation and management of
9concussion and head injuries and receives a written clearance to participate in the
10activity from the health care provider.
AB259,3,13 11(5) Any volunteer who authorizes a person to participate in a youth athletic
12activity under sub. (4) (b) is immune from civil liability for any injury resulting from
13that act unless the act constitutes gross negligence or willful or wanton misconduct.
AB259, s. 2 14Section 2. 119.04 (1) of the statutes is amended to read:
AB259,3,2315 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1666.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
17115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045,
18118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4),
19118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225,
20118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.255, 118.258, 118.291, 118.293, 118.30
21to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13
22(1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14,
23120.21 (3), and 120.25 are applicable to a 1st class city school district and board.
AB259,3,2424 (End)
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