MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Education; Judiciary, Division A
By: Senator(s) Simmons (12th)
AN ACT TO AMEND SECTIONS 37-24-1 THROUGH 37-24-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF EDUCATION AND THE LOCAL SCHOOL BOARDS TO IMPLEMENT A VOLUNTARY PHYSICIAN ATHLETIC EVENT PROGRAM UNDER WHICH PHYSICIANS OR OTHER HEALTH CARE PROVIDERS PROVIDE MEDICAL SERVICES FOR INJURIES AT PUBLIC/NONPUBLIC SCHOOL ATHLETIC EVENTS; TO PROVIDE THAT SUCH PHYSICIANS OR HEALTH CARE PROVIDERS ARE IMMUNE FROM ANY CIVIL LIABILITY ARISING OUT OF MEDICAL CARE OR TREATMENT VOLUNTARILY PROVIDED AT SUCH EVENTS; TO AMEND SECTION 73-25-38, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-24-1, Mississippi Code of 1972, is amended as follows:
37-24-1. This chapter shall
be known and may be cited as the "Mississippi * * * Public School Athletic
Event Voluntary Physician Law."
SECTION 2. Section 37-24-3, Mississippi Code of 1972, is amended as follows:
37-24-3. As used in this chapter, the following words and phrases have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Health care provider" means a licensed physician or a licensed nurse practitioner, licensed physician assistant or licensed health care professional working within the person's scope of practice and under the direct supervision or written consultation of a physician. All health care providers referred to in this chapter also must be trained in the evaluation and management of concussions.
(b) "School athletic event" means activities sanctioned by the Mississippi High School Activities Association (MHSAA) or the Mississippi Association of Independent Schools (MAIS), and school-sponsored activities in Grades 7 through 12 of schools that are not members of the MHSAA or the MAIS which activities are organized and conducted in a manner substantially similar to activities that are sanctioned by the MHSAA or the MAIS.
(c) "Board" means the State Board of Education.
SECTION 3. Section 37-24-5, Mississippi Code of 1972, is amended as follows:
37-24-5. * * * The State Board of Education acting
through the local * * * school board's administration of a
nonpublic school, and governing body of a charter school shall adopt and
implement a * * * program
under which any physician who or other health care provider who voluntarily
agrees to provide medical services or treatment to students at public or nonpublic
school athletic events shall be immune from any civil liability arising out of
such medical care or treatment which shall include the following
components:
(a) Parents or guardians shall receive and sign a copy of the athletic treatment and concussion policy before the start of the regular school athletic event season.
(b) An athlete who reports or displays any symptoms or signs of a concussion in a practice or game setting shall be removed immediately from the practice or game. The athlete shall not be allowed to return to the practice or game for the remainder of the day regardless of whether the athlete appears or states that he or she is normal.
(c) The athlete shall be evaluated by a health care provider working within the provider's scope of practice.
(d) If an athlete has sustained a concussion, the athlete shall be referred to a licensed physician, preferably one with experience in managing sports concussion injuries.
(e) The athlete who has been diagnosed with a concussion shall be returned to play only after full recovery and clearance by a health care provider.
(f) An athlete shall not return to a competitive game before demonstrating that he or she has no symptoms in a full supervised practice.
(g) Athletes shall not continue to practice or return to play while still having symptoms of a concussion.
SECTION 4. Section 37-24-7, Mississippi Code of 1972, is amended as follows:
37-24-7. The State Department of Health in conjunction with the State Board of Education shall endorse one (1) concussion recognition education course to provide information to Mississippians of the nature and risk of concussions in youth athletics, which shall be available online. Such course may include education and training materials made available, at no charge, by the federal Centers for Disease Control and Prevention or other training materials substantively and substantially similar to those materials.
SECTION 5. Section 37-24-9, Mississippi Code of 1972, is amended as follows:
37-24-9. (1) Any health care provider who voluntarily provides medical services or treatment under this chapter shall be immune from liability for any civil action arising out of any such medical care or treatment. This subsection shall not extend immunity to acts of willful or gross negligence or misconduct.
(2) This chapter does not create any liability for, or create a cause of action against, a school or its officers or employees, a health care provider, an organization or association of which a school or school district is a member, a private or public school, a private club, a public recreation facility, or an athletic league when such person or entity has complied with the provisions of this chapter.
SECTION 6. Section 73-25-38, Mississippi Code of 1972, is amended as follows:
73-25-38. (1) Any licensed physician, physician assistant or certified nurse practitioner who voluntarily provides needed medical or health services to any person without the expectation of payment due to the inability of such person to pay for said services shall be immune from liability for any civil action arising out of the provision of such medical or health services provided in good faith on a charitable basis. This section shall not extend immunity to acts of willful or gross negligence. Except in cases of rendering emergency care wherein the provisions of Section 73-25-37 apply, immunity under this section shall be extended only if the physician, physician assistant or certified nurse practitioner and patient execute a written waiver in advance of the rendering of such medical services specifying that such services are provided without the expectation of payment and that the licensed physician or certified nurse practitioner shall be immune as provided in this subsection. The immunity from liability granted by this subsection also shall extend to actions arising from a church-operated outpatient medical clinic that exists solely for the purpose of providing charitable medical services to persons who are unable to pay for such services, provided that the outpatient clinic receives less than Forty Thousand Dollars ($40,000.00) annually in patient payments.
(2) Any licensed physician, physician assistant or certified nurse practitioner assisting with emergency management, emergency operations or hazard mitigation in response to any emergency, man-made or natural disaster, who voluntarily provides needed medical or health services to any person without fee or other compensation, shall not be liable for civil damages on the basis of any act or omission if the physician, physician assistant or nurse practitioner was acting in good faith and within the scope of their license, education and training and the acts or omissions were not caused from gross, willful or wanton acts of negligence.
(3) Any physician who voluntarily renders any medical service under a special volunteer medical license authorized under Section 73-25-18 without any payment or compensation or the expectation or promise of any payment or compensation shall be immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service unless the act or omission was the result of the physician's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written or oral agreement for the physician to provide a voluntary noncompensated medical service before the rendering of the service by the physician.
(4) Any licensed physician, or any physician who is retired from active practice and who has been previously issued an unrestricted license to practice medicine in any state of the United States or who has been issued a special volunteer medical license under Section 73-25-18, shall be immune from liability for any civil action arising out of any medical care or treatment provided while voluntarily serving as "doctor of the day" for members of the Mississippi State Legislature, legislative or other state employees, or any visitors to the State Capitol on the date of such service. This subsection shall not extend immunity to acts of willful or gross negligence or misconduct.
(5) Any licensed physician who voluntarily agrees to provide medical services or treatment to students at public or nonpublic school athletic events under the provisions of Section 37-24-1 et seq., Mississippi Code of 1972, shall be immune from liability for any civil action arising out of any such medical care or treatment. This subsection shall not extend immunity to acts of willful or gross negligence or misconduct.
SECTION 7. This act shall take effect and be in force from and after July 1, 2019.