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10 J. Bus. & Tech. L. 61 (2015)
State Laws Addressing Youth Sports-Related Traumatic Brain Injury and the Future of Concussion Law and Policy

handle is hein.journals/jobtela10 and id is 67 raw text is: KERRI McGOWAN LOWREY* State Laws Addressing Youth Sports-Related Traumatic Brain Injury and the Future of Concussion Law and Policy ABSTRACT TRAUMATIC BRAIN INJURY IN YOUNG PEOPLE attributable to sports is a significant public health issue. As of April 2014, all states and the District of Columbia have enacted laws addressing youth sports concussions. These laws contain very similar provisions, mostly based on the three tenets of Washington's Lystedt Law: education for parents and student athletes, mandatory removal from play after a suspected concussion, and some type of medical clearance before returning to physical activity. Evaluation of these laws is in its infancy, but preliminary data indicate that the laws are at least increasing awareness of the problem. Several states have revised their laws since initial passage. Changes to existing laws have centered on expanding their coverage, tightening or clarifying existing requirements according to best practices and research, and introducing attempts at primary prevention. Future policymaking is likely to continue along this path while encouraging the use of technologies and other innovations aimed at primary prevention, improving concussion identification on the field, and assessing readiness for return to play. Such innovations will be critical in addressing the problem of youth sports-related TBI, and law (informed by research) must ensure their responsible implementation. I. BACKGROUND Traumatic Brain Injury (TBI)' is a major public health issue worldwide. The Centers for Disease Control and Prevention estimate that between 1.6 and 3.8 © 2015 Kerri McGowan Lowrey The facts and opinions expressed in the articles published in this Journal are solely those of the authors and do not represent the views of the editors, the editorial board, or the University of Maryland Francis King Carey School of Law. JD, MPH. This work, performed under the auspices of the Network for Public Health Law, was made possible by the generous support of the Robert Wood Johnson Foundation. The author would like to thank Charles Shaw for his research support and Professor Kathleen Hoke for her review of an early draft. 1. A concussion is a type of traumatic brain injury. This paper uses the terms interchangeably. JOURNAL OF BUSINESS & TECHNOLOGY LAW

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