118.293 Concussion and head injury.
(1) In this section:
(a) “Credential" means a license or certificate of certification issued by this state.
(am) “Health care provider" means a person to whom all of the following apply:
1. He or she holds a credential that authorizes the person to provide health care.
2. He or she is trained and has experience in evaluating and managing pediatric concussions and head injuries.
3. He or she is practicing within the scope of his or her credential.
(c) “Youth athletic activity" means an organized athletic activity in which the participants, a majority of whom are 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. “Youth athletic activity" does not include a college or university activity or an activity that is incidental to a nonathletic program.
(2) In consultation with the Wisconsin Interscholastic Athletic Association, the department shall develop guidelines and other information for the purpose of educating athletic coaches and pupil athletes and their parents or guardians about the nature and risk of concussion and head injury in youth athletic activities.
(3)
(a) At the beginning of a season for a youth athletic activity, the person operating the youth athletic activity shall distribute a concussion and head injury information sheet to each person who will be coaching that youth athletic activity and to each person who wishes to participate in that youth athletic activity. No person may participate in a youth athletic activity unless the person returns the information sheet signed by the person and, if he or she is under the age of 19, by his or her parent or guardian.
(b)
1. Notwithstanding par. (a), a public or private school is not required to distribute an information sheet to a pupil enrolled in the school who wishes to participate in a youth athletic activity operated by the school during a school year, and a pupil enrolled in the school may participate in that youth athletic activity without returning an appropriately signed information sheet for that activity, if the pupil has returned an appropriately signed information sheet for another youth athletic activity operated by the school during the same school year.
2. Notwithstanding par. (a), a private club is not required to distribute an information sheet to a person who wishes to participate in a youth athletic activity operated by the private club, and a person may participate in that youth athletic activity without returning an appropriately signed information sheet for the activity, if the person has returned an appropriately signed information sheet to the club within the previous 365 days.
(4)
(a) An athletic coach, or official involved in a youth athletic activity, or health care provider shall remove a person from the youth athletic activity if the coach, official, or health care provider determines that the person exhibits signs, symptoms, or behavior consistent with a concussion or head injury or the coach, official, or health care provider suspects the person has sustained a concussion or head injury.
(b) A person who has been removed from a youth athletic activity under par. (a) may not participate in a youth athletic activity until he or she is evaluated by a health care provider and receives a written clearance to participate in the activity from the health care provider.
(5)
(a) Any athletic coach, official involved in an athletic activity, or volunteer who fails to remove a person from a youth athletic activity under sub. (4) (a) is immune from civil liability for any injury resulting from that omission unless it constitutes gross negligence or willful or wanton misconduct.
(b) Any volunteer who authorizes a person to participate in a youth athletic activity under sub. (4) (b) is immune from civil liability for any injury resulting from that act unless the act constitutes gross negligence or willful or wanton misconduct.
(6) This section does not create any liability for, or a cause of action against, any person.
History: 2011 a. 172; 2013 a. 93.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 118 - General school operations.
118.001 - Duties and powers of school boards; construction of statutes.
118.01 - Educational goals and expectations.
118.015 - Reading instruction.
118.016 - Assessments of reading readiness.
118.017 - Foreign language instruction.
118.019 - Human growth and development instruction.
118.02 - Special observance days.
118.025 - Arbor day observance.
118.045 - Commencement of school term.
118.05 - School conservation camps.
118.06 - Flag, pledge of allegiance, and national anthem.
118.07 - Health and safety requirements.
118.075 - Indoor environmental quality in schools.
118.076 - Lifesaving skills instruction.
118.08 - School zones; crossings.
118.10 - School safety patrols.
118.105 - Control of traffic on school premises.
118.12 - Sale of goods and services at schools.
118.123 - Reports and records; forfeitures.
118.126 - Privileged communications.
118.127 - Law enforcement agency information.
118.13 - Pupil discrimination prohibited.
118.133 - Participation in interscholastic athletics and extracurricular activities.
118.134 - Race-based nicknames, logos, mascots, and team names.
118.135 - Eye examinations and evaluations.
118.14 - Age of pupils; phase in of 4-year-old kindergarten.
118.145 - Admission to high school.
118.15 - Compulsory school attendance.
118.153 - Children at risk of not graduating from high school.
118.155 - Released time for religious instruction.
118.16 - School attendance enforcement.
118.162 - Truancy committee and plan.
118.163 - Municipal truancy and school dropout ordinances.
118.164 - Removal of pupils from the class.
118.167 - Private school determination by state superintendent.
118.169 - Pupil identification.
118.175 - Pupils without parents or guardians; report required.
118.19 - Teacher certificates and licenses; administrator and pupil services professional licenses.
118.191 - Experience-based licensure for technical and vocational education subjects.
118.1915 - Licensure for Junior Reserve Officer Training Corps instructors.
118.192 - Professional teaching permits.
118.193 - Licenses based on reciprocity.
118.194 - Initial license to teach; Montessori.
118.195 - Discrimination against handicapped teachers prohibited.
118.196 - Teacher development program.
118.197 - Initial license to teach; alternative preparation programs.
118.20 - Teacher discrimination prohibited.
118.22 - Renewal of teacher contracts.
118.223 - Collective bargaining.
118.225 - Teacher evaluations.
118.23 - Populous counties; teacher tenure.
118.235 - Lunch period for teachers.
118.24 - School district administrator.
118.245 - Referendum; increase in employee wages.
118.257 - Liability for referral to police.
118.258 - Electronic communication devices prohibited.
118.26 - Claim against school district.
118.28 - Community action agencies.
118.29 - Administration of drugs and emergency care.
118.291 - Asthmatic pupils; possession and use of inhalers.
118.292 - Possession and use of epinephrine.
118.2925 - Life-threatening allergies in schools; use of epinephrine.
118.293 - Concussion and head injury.
118.2935 - Sudden cardiac arrest; youth athletic activities.
118.295 - Suicide intervention; civil liability exemption.
118.301 - Alternative pupil assessments.
118.305 - Use of seclusion and physical restraint.
118.32 - Strip search by school employee.
118.33 - High school graduation standards; criteria for promotion.
118.34 - Technical preparation programs.
118.35 - Programs for gifted and talented pupils.
118.38 - Waivers of laws and rules.
118.42 - Low-performing school districts and schools; state superintendent interventions.
118.43 - Achievement guarantee contracts; state aid.
118.44 - Achievement gap reduction; state aid.
118.45 - Tests for alcohol use.
118.51 - Full-time open enrollment.
118.52 - Part-time open enrollment.
118.53 - Attendance by pupils enrolled in a home-based private educational program.
118.55 - Early college credit program.
118.56 - Work based learning programs.
118.60 - Parental choice program for eligible school districts and other school districts.