4755-43-13 Youth sports concussion and head injury assessment and clearance.

 

 

 

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

[e-mail]

Email

4755-43-13

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 an athletic trainer may assess 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 AT has completed education and training consistent with the Zurich Guidelines

3)   The AT 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

Athletic trainers 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.