Section 15.1-18.2-04 - Student athletics - Concussion management program - Requirements1. Each school district and nonpublic school that sponsors or sanctions any athletic activity in this state and requires a participating student to regularly practice or train, and compete, is subject to the terms of a concussion management program.2. The concussion management program must set forth in clear and readily comprehensible language the signs and symptoms of a concussion.3.a. The concussion management program must require that a student be removed from practice, training, or competition if: (1) The student reports any sign or symptom of a concussion, as set forth in accordance with this section;(2) The student exhibits any sign or symptom of a concussion, as set forth in accordance with this section; or(3) A licensed, registered, or certified health care provider whose scope of practice includes the recognition of concussion signs and symptoms determines, after observing the student, that the student may have a concussion.b. The duty to remove a student under the conditions set forth in this subsection extends to: (2) The coach of a student; and(3) Any other individual designated by the school district or nonpublic school as having direct responsibility for the student during practice, training, or competition.4. The concussion management program must require that any student who is removed in accordance with subsection 3 must be evaluated as soon as practicable by a licensed health care provider who is acting within the provider's scope of practice and trained in the evaluation and management of concussion, as determined by the provider's licensing board.5.a. A student who is evaluated in accordance with subsection 4 and believed to have suffered a concussion may not be allowed to return to practice, training, or competition until the student's return is authorized by a licensed health care provider who meets the criteria set forth in subsection 4. b. The authorization required by this subsection must be: (2) Presented or forwarded to the individual designated by the student's school district or nonpublic school for receipt of such authorizations; and(3) Retained by the student's school district or school for a period of seven years after conclusion of the student's enrollment.c. Any health care provider who signs an authorization in accordance with this section is acknowledging that the provider is acting within the provider's scope of practice and is trained in the evaluation and management of concussion, as determined by the provider's licensing board.6. The concussion management program must require that each official, coach, and individual designated by the school district or nonpublic school as having direct responsibility for the student during practice, training, or competition receive biennial training regarding the nature and risk of concussion.7. The student's school district or nonpublic school shall ensure that before a student is allowed to participate in the athletic activity described in subsection 1, the student and the student's parent shall document that they have viewed information regarding concussions incurred by students participating in athletic activities. The required information must be provided by the student's school district or nonpublic school and must be made available in printed form or in a verifiable electronic format.8. This section does not create any liability for, or create a cause of action against: a. A school district, its officers, or its employees;b. A nonpublic school, its officers, or its employees; or9. A school district or a nonpublic school may contract for and accept gifts, grants, and donations from any public or nonpublic source, in order to meet the requirements of this section.10. For the purposes of this section, "official" means an umpire, a referee, a judge, or any other individual formally officiating at an athletic event.Amended by S.L. 2013, ch. 153 (HB 1028),§ 1, eff. 8/1/2013.Added by S.L. 2011, ch. 139 (SB 2281),§ 1, eff. 8/1/2011.