[HISTORY: Adopted by the Town of Ashland as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Youth activity — See Ch. 281A.
[Adopted 5-2-2012 ATM, Art. 15]
Brain injury research from Boston University and throughout
the world is showing that by preventing, identifying and reducing
concussions, plus providing "return to play" protocols, athletic teams
reduce the potential severity of traumatic brain injury from an initial
concussion. By ensuring proper training and a "return to play protocol",
the Town of Ashland will work to protect Athletes on town owned property
the same way Athletes are already protected on "school owned" athletic
fields as required under current Massachusetts State law.
State law regulates the education and return to play protocols
for schools in Massachusetts regarding students who experience a hit/
fall/ incidence which could have caused a traumatic brain injury.
The Commonwealth of Massachusetts is looking to keep records of the
number of concussions a student has incurred and the Ashland School
System is tracking the number of concussions in order to ensure the
student gets the proper treatment as well as is provided time to heal
from the injury. In keeping records of said injuries, parents are
to be aware of and report when their child has potentially experienced
a concussion. At the schools, there is trained medical staff and the
coaches, parents and Athletes receive training. On town owned playing
fields the same standards should be enforced.
Conclusive evidence shows that it is important to understand
the signs and symptoms of traumatic brain injury. If this type of
injury is neglected and further head trauma occurs prior to healing
of prior injuries, conclusive evidence shows this can lead to long-term
disability or death due to swelling of the brain. There are serious
consequences to ignoring traumatic brain injuries. Therefore, it is
important for coaches, parents and Athletes to understand the signs
and symptoms of a concussion or traumatic brain injury and to understand
the seriousness of neglecting this type of injury no matter where
they occur. The Board of Health of the Town of Ashland recognizes
the right to those who wish to ensure the safety of children on Town
owned fields in Ashland and establishes this bylaw to protect and
improve the public health and welfare by ensuring training of coaches,
parents and Youth Athletes (over age ten) and establishing return
to play protocols with regard to a suspected concussion in a similar
manner as the Ashland Public School System does today. This bylaw
is promulgated under the authority granted to the Ashland Board of
Health under Massachusetts General Laws 111, Section 31.
This bylaw shall be known and may be cited as Head Injuries
and Concussions in Youth Athletic Activities Played on Town Owned
Fields.
The requirements of this bylaw shall apply to coaches, parents
and Youth Athletes playing Youth Athletic activities or participate
in any organized athletic activity on Town of Ashland owned fields
or facilities, not under the control of the School Committee.
As used within this bylaw, the following terms shall be defined
as below:
Athletic Activity means an organized athletic activity occurring
on Town owned fields and facilities under the direction of a coach
or assistant coach including but not limited to baseball, basketball,
cheerleading, cross country track, fencing, field hockey, football,
golf, gymnastics, horseback riding, ice hockey, lacrosse, rugby, soccer,
skating, softball, squash, swimming and diving, tennis, track (indoor
and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling.
Board of Health or Board or Department means the Board of Health
for the Town of Ashland, Massachusetts, its agents and designees.
Centers for Disease Control and Prevention (CDC) refers to one
of the major agencies of the United States Department of Health and
Human Services with a mission to protect the health of people and
communities through health promotion, prevention of disease, injury
and disability.
Coach means an employee or volunteer responsible for organizing
and supervising Youth Athletes participating in athletic activities.
The term coach refers to both head coaches and assistant coaches.
Concussion means a complex disturbance in brain function, due
to direct or indirect trauma to the head, related to neurometabolic
dysfunction, rather than structural injury.
Diagnosed means a physician's or nurse practitioner's
opinion, derived from observation, examination, and evaluation of
procedures or tests of a patient, that the patient has or had a concussion.
Head Injury means direct blow to the head or indirect trauma
to the head including a concussion or traumatic brain injury. Scalp
or facial laceration alone is not a head injury for purposes of this
bylaw.
Health Agent / Director means the Health Agent/ Director of
the Ashland Health Department or his or her designee.
Neuropsychologist means a professional who is licensed as a
psychologist and certified as a health service provider by the Board
of Registration of Psychologists pursuant to M.G.L. c. 112, §§ 118
through 129A with additional specialized training and expertise in
the applied science of brain-behavior relationships and who has specific
experience in evaluating neurocognitive, behavioral and psychological
conditions and their relationship to central nervous system functioning.
The neuropsychologist has specialized experience in administering
and interpreting neuropsychological tests and has duties which may
include, but are not limited to pre-injury measurement of the cognitive
abilities that may be disturbed by a concussion, testing within the
first few days post-head injury, and periodic retesting to track resolution
of the Youth Athlete's symptoms and improvement in cognitive
functioning. The neuropsychologist may also advise coaches and parents
regarding the Youth Athlete's need for post injury academic accommodations.
Nurse Practitioner means a duly licensed and registered nurse
authorized to practice in an expanded role as a nurse practitioner
whose professional activities include performing physical examinations,
diagnosing health and developmental problems, managing therapeutic
regimens, and ordering therapies and tests.
Parent means the parent or guardian or foster parent of a Youth
Athlete.
Physician means a duly licensed doctor of medicine or osteopathy.
Play means a practice or competition.
Second Impact Syndrome means a potentially lethal condition
that can occur when a person sustains a head injury prior to complete
healing of a previous brain injury, causing dysregulation of cerebral
blood flow with subsequent vascular engorgement.
Sports means Youth Athletic activities.
Traumatic Brain Injury (TBI) means a complex pathophysiological
process affecting the brain, induced by traumatic biomechanical forces.
TBI may be caused either by a direct blow to the head, face, neck
or elsewhere on the body with an impulsive force transmitted to the
head. TBI includes, but is not limited to, a concussion.
Volunteer means an adult who volunteers as a, coach, assistant
coach, team parent, physician, nurse, or in an authoritative role
to assist Youth Athletes who are engaged in a Youth Athletic activity.
Youth Athlete or Athlete as it appears herein means a Youth (person
under the age of eighteen) who prepares for or participates in an
athletic activity on town-owned fields and or facilities.
Youth Organization means the governing body for organized athletic
activity occurring on Town owned fields and facilities under the direction
of a coach or assistant coach including but not limited to baseball,
basketball, cheerleading, cross country track, fencing, field hockey,
football, golf, gymnastics, horseback riding, ice hockey, lacrosse,
rugby, soccer, skating, softball, squash, swimming and diving, tennis,
track (indoor and outdoor), ultimate Frisbee, volleyball, water polo,
and wrestling.
Head coaches, coaches and assistant coaches must have completed
concussion training as required for them to be on the playing field.
Parents and Athlete Education Organizations shall have parents
and players age ten and older sign a statement stating they have read
the required document regarding concussion safety or completed the
concussion training with coaches within the last calendar year.
(a)
If an Athlete participating in Youth Athletic activity becomes unconscious
on town owned fields and facilities, the Athlete shall not return
to participate in the activity and shall seek immediate medical attention
– either a trip to the emergency room with their parent or guardian
or through the coach calling 9-1-1 for an ambulance. The Athlete shall
not return to participate in any athletic activity until the Athlete
provides written authorization for such participation to the team's
coach, from a licensed physician, licensed neuropsychologist, certified
athletic trainer or other appropriately trained or licensed health
care professional.
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If an Athlete suffers a concussion as diagnosed by a medical
professional, or is suspected to have suffered a concussion (i.e.
exhibits symptoms) while participating in a Youth athletic activity
on a town-owned field or facility, the Athlete shall not return to
the practice or competition during which the Athlete suffered, or
is suspected to have suffered, a concussion and shall not participate
in any further athletic activity until the Athlete provides written
authorization for such participation, from a licensed physician, licensed
neuropsychologist, certified athletic trainer or other appropriately
trained or licensed health care professional to the team's coach.
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(b)
Return to play only with approval from a licensed healthcare professional
which if school is in session, may include medical staff from the
school, otherwise, a physician or health care specialist shall give
the Youth return to play approval.
(c)
A coach, trainer or volunteer for an athletic activity shall not
encourage or permit an Athlete participating in the activity to engage
in any unreasonably dangerous athletic technique that unnecessarily
endangers the health of an Athlete, including using a helmet or any
other sports equipment as a weapon.
(d)
A team that fails to comply with training and ensuring medical release
of the Youth engaged in the sport, as determined by the department,
shall be subject to penalties as determined by the department.
(e)
Nothing in this section shall be construed to waive liability or
immunity of a team or league or the town. This section shall not create
any liability for a course of legal action against the town, its officers
or employees.
(f)
This bylaw shall not create an additional personal liability for
a person who volunteers to assist with a Youth Athletic activity on
town-owned fields or facilities and shall not add any additional liability
for civil damages arising out of any act or omission relating to the
requirements of this section, unless such person is willfully or wantonly
negligent in his act or omission.
(g)
The Board of Health shall adopt regulations to carry out this bylaw.
Non-criminal fines: Violations of this bylaw shall be enforced
in the manner provided in M.G.L. c. 40, Sec. 21D, by the Board or
its agents. Any fines imposed under the provisions of this bylaw shall
be payable to the Town of Ashland.
(a)
Concussion Safety Education of Coaches
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It shall be a violation of this bylaw if any Youth Organization
fails to submit evidence of the concussion training for all coaches
under its control within 21 days prior to play. Any Youth Organization
who violates this provision of this bylaw shall be subject to the
following fines:
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First offense
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Warning
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Second offense
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$25.00
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Third offense
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$50.00
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Each subsequent offense
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$50.00
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(b)
Concussion Return to Play Protocols, medical release
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It shall be a violation of this bylaw if the Return to Play
Protocols are violated by a responsible party hereunder as set forth
herein. Said violators, shall be subject to the following fines:
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First offense
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$50.00
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Second offense
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$50.00
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Third offense
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$75.00
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Each subsequent offense
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$100.00
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The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit, approval or determination which previously
has been issued.
After a public notice and a public hearing, the Board of Health
shall promulgate rules and regulations to effectuate the purpose of
this bylaw. Failure by the Board of Health to promulgate such rules
and regulations or a legal declaration of their invalidity by a court
of law shall not act to suspend or invalidate the effect of this bylaw.
At a minimum these regulations may reiterate the terms defined in
this bylaw, define additional terms not inconsistent with the bylaw,
prescribe requirements for applications, provide more specific terms
and conditions in furtherance of this bylaw and not inconsistent herewith
and impose filing and consultant fees.
This bylaw shall be effective on January 1, 2013.
