Idaho is considering legislation to set tough guidelines on student athlete concussions, but the bill has been stalled because of fears of liability issues. http://www.idahoreporter.com/2010/plan-to-get-tough-on-concussions-stalls-in-committee-over-legal-concerns/
Idaho’s proposed law, like the one pioneered by Washington state, would require that athletes get the approval of a licensed health-care provide before being allowed to return to practice or play after sustaining a concussion. http://www.idahostatesman.com/2010/03/19/1123084/proposed-law-takes-aim-at-youth.html
But the Idaho House State Affairs Committee has pushed back making a decision on the bill until Monday, after getting cold feet about the legal ramifications of the legislation.
Idaho representatives Lynn Luker, R-Boise, Raul Labrador, R-Eagle, and Brent Crane, R-Nampa, are worried about the liability language in the bill. According to published reports, they fear that if a coach doesn’t take a player out of a game if it’s believed that player has a concussion, the coach and school could be sued.
They want an opinion from the Idaho Attorney General on the matter.
This is how legislation gets corrupted by political crap. Republicans want to blame all of the world’s problems on trial lawyers, like myself. If they make a tough standard that protects people, they are worried that they aren’t protecting the incompetent who won’t follow the standard. How does an entire political party get its priorities so screwed up?
Thank you for your commentary. We had success today and the Idaho Concussion Bill received a unanimous “do pass” and will move to the full House later this week for a vote (and potential amendments from Rep. Crane, although Rep Luker’s concerns appeared to be satisfied today and he is now “on board”). Please consider contacting Rep. Crane if you continue to have information that might help him. This is important legislation for our kids in Idaho and it is also important that our lawmakers know that coaches already have a legal obligation to ensure kids’ safety.