Online Program

336049
Keeping Our Heads Up: Evolving State Law and the Future of Policymaking in Youth Sports TBI


Monday, November 2, 2015 : 10:45 a.m. - 11:00 a.m.

Kerri McGowan Lowrey, JD, MPH, Network for Public Health Law--Eastern Region, University of Maryland Francis King Carey School of Law, Baltimore, MD
Background/Purpose. Traumatic brain injuries (TBIs) in youth sports have emerged as both a national public health problem and a state policymaking focus. The potential impact on child and adolescent health is significant and nationwide. The National Federation of State High School Associations reported that participation in high school sports exceeded 7.7 million in 2012-2013, increasing for the 24th consecutive year. For young people aged 15 to 24 years, sports are the leading cause of TBI, second only to motor vehicle accidents. Since 2009, all 50 states and D.C. passed “return-to-play” (RTP) laws aimed at secondary prevention. Now that many have been in effect for a few years, legislatures are revisiting and revising them in response to evolving knowledge and emerging best practices. Methods. Relevant state laws were identified and characterized using established methods for legislative and legal research and analysis. Results/Outcomes. To date, 22 states have made substantive changes to their RTP laws since initial passage. Amendments have centered on expanding coverage, tightening existing requirements, and introducing attempts at primary prevention. Conclusions. Future youth sports TBI policymaking is likely to continue along this trajectory, with particular emphasis on primary prevention. Analyzing legislative changes provides important information about how successfully the law is being implemented in the state and clues about the future of sports-related TBI policymaking. This session will explore the current legislative landscape related to youth sports TBI, amendments to state laws since initial passage, and the recent litigation against the Illinois High School Association and its implications.

Learning Areas:

Public health or related laws, regulations, standards, or guidelines

Learning Objectives:
Describe the state legislative and legal landscape surrounding youth sports-related TBI. Articulate the key provisions of state youth sports-related TBI laws. List and describe three main types of changes or amendments that states have made to state sports-related TBI laws since initial passage. Articulate at least three legal issues related to implementation of youth sports-related TBI laws.

Keyword(s): Law, Traumatic Brain Injury

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I am a public health lawyer with more than 13 years of experience conducting legal and legislative research and analysis. My area of expertise is injury prevention laws, particularly sports-related TBI laws.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.