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Concussion
Oregon Swimming Risk Management – Concussion Information follow-up from House of Delegates
meeting. Oregon has two laws that MANDATE follow-up coverage for any athlete who has a suspected head injury. Not only is the athlete not allowed to return to competition, but they are also not allowed to return to training. These two Oregon laws were enacted in 2014. The first, commonly known as Max’s Law (OAR 581-022-0421) deals with School sponsored sports. The second is commonly known as Jenna’s Law (SB 721). This is the one that directly relates to Oregon Swimming as a non-school sports and officiating program. These organizations are required to implement concussion management guidelines for all teams that include children 17 years of age and younger.
 
SB 721 states that  (regarding return to play)
(3)(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 referee may not allow a member of a nonschool athletic team to participate in any athletic event
during which the member exhibited signs, symptoms or behaviors consistent with a concussion
following an observed or suspected blow to the head or body.
 
SECTION 2. ORS 417.875  (regarding education and dissemination, reporting of doing so)
https://www.oregonlaws.org/ors/417.875
 
Part 5 of Section 2 has this language (requirement).
Note: Oregon Swimming, As the league governing body, is asking for the clubs to disseminate and keep
track of their participants access to concussion information, and their providing this to the parents and
athletes. Coaches receive yearly training as part of their membership requirements with USA Swimming.
 
(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] 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
[on] 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.
 
Educational information will be posted to the Oregon Swimming Website linking to Parent and
Athlete information. You may create customized versions for your team by visiting the CDC website directly:
https://www.cdc.gov/HeadsUp/
The customizations are created here:
https://www.cdc.gov/headsup/resources/custom.html
 
If you want to link to the CDC pages:
 
For Youth  -  https://www.cdc.gov/headsup/youthsports/index.html -
For Coaches  -  https://www.cdc.gov/headsup/youthsports/training/index.html
For Athletes and Parents  -  https://www.cdc.gov/headsup/youthsports/parents.html
 
Additional information for research and upcoming changes:
https://www.oregon.gov/ode/educator-resources/standards/physicaleducation/Pages/Concussions.aspx
 
Oregon Administrative Rules (OAR) Division 22
Scroll to OAR 581-022-0421
Oregon Revised Statute (ORS) – 336.485
Scroll to ORS 336.482
http://cbirt.org/ocamp/oregon-concussion-laws
http://media.cbirt.org/uploads/files/jenna%27s_law.pdf
Ongoing changes have occurred as well, with the list of professions able to release athletes expanding in
2020.
https://www.thelundreport.org/content/concussion-release-law-passes-amid-heated-debate
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2018orlaw0121.pdf
 
Making the Rule a Reality
The Oregon Department of Education (ODE) partners with Oregon School Activities Association
(OSAA) and other professional, national, and community organizations to identify trainings which
meet agreed upon criteria for coaching staff in Oregon schools. These trainings are available on-line,
free of charge to coaching staff in Oregon school districts.
 
Concussion Management Training Courses
Currently there are two concussion management classes that satisfy the state statute for training of
coaches annually; Brain 101: The Concussion Playbook from the Oregon Center for Applied Science
(ORCAS) and the Concussion Management Course from the National Federation of State High
School Associations (NFHS) available through the CDC website and directly from NFHS. Both
programs are FREE of charge.
 
What is considered “proper medical treatment” under Max’s and Jenna’s Laws?
Under Max’s and Jenna’s Laws, proper medical treatment means treatment by a licensed
healthcare professional within their scope of practice. The term healthcare professional is
limited to a physician (MD), physician’s assistant (PA), or doctor of osteopathy (DO)
licensed by the Oregon State Board of Medicine or a nurse practitioner licensed by the
Oregon State Board of Nursing.
 
Club (league) requirement to educate their parents and athletes
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2018orlaw0121.pdf
Please call if you have any questions, or need assistance with this topic.
 
Russ Scovel
Oregon Swimming
Operational Risk Chair
541-450-3687
operationalrisk@oregonswimming.org