4755-27-08 Youth sports concussion and head injury assessment and clearance.  

  • Text Box: ACTION: Refiled Text Box: DATE: 01/27/2016 11:59 AM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board

    Agency Name

     

    Diane Moore

    Division                                                                  Contact

     

    77 South High St. 16th floor Columbus OH 43215-6108

    614-995-5323

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    diane.moore@otptat.ohio.gov

    Email

    4755-27-08

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Youth  sports  concussion  and  head  injury  assessment  and

    clearance.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? No

    2.  Are you proposing this rule as a result of recent legislation? Yes

    Bill Number: HB487               General Assembly: 130           Sponsor: Brenner

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 3707.521

    5.  Statute(s) the rule, as filed, amplifies or implements: 3707.511, 3707.52, 3707.521

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    HB 487 of the 130th GA required licensing boards to adopt a rule implementing the standards developed by the Ohio Youth Sports Concussion & Head Injury

    Return-to-Play Guidelines Committee. The Committee issued its final report in March 2015.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    The rule states that a physical therapist may access and clear a youth to return to practice or competition if all of the following are met:

    1)   The assessment and clearance is done in collaboration/consultation/referral of a physician

    2)   The PT has completed education and training consistent with the Zurich Guidelines

    3)   The PT maintains competency through continuing education activities consistent with the Zurich Guidelines

    The rule also recommends that licensees complete a portion of their required CE activities focused on the items listed in the rule and use the medical clearance return to play form located at the Ohio Department of Health's website.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    Not applicable.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    Not applicable.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each

    specific paragraph of the rule that has been modified:

    Correction of the ORC Reference in (A)(3). The rules currently reference

    #313.539,# the correct the reference should read #3313.539.#

    12.  Five Year Review (FYR) Date:

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures.

    $0.00

    Not applicable.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    Not applicable.

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    Licensees might incur costs associated with continuing education activities.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component

    dealing with environmental protection as defined in R. C. 121.39? No

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? Yes

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

    Physical therapists must be licensed to practice in Ohio.

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

    If a licensee does not comply with the provisions of the rule, they would be subject to disciplinary action against the license.

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

    Licensees might incur costs associated with completing continuing education activities.