Florida Senate - 2022                                    SB 1590
       By Senator Baxley
       12-01264-22                                           20221590__
    1                        A bill to be entitled                      
    2         An act relating to electrocardiograms for student
    3         athletes; amending s. 1002.20, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         1006.20, F.S.; requiring certain students to receive
    6         an electrocardiogram to participate in athletics;
    7         providing an exemption from such requirement;
    8         providing parental requirements for receiving the
    9         exemption; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Paragraph (b) of subsection (17) of section
   14  1002.20, Florida Statutes, is amended to read:
   15         1002.20 K-12 student and parent rights.—Parents of public
   16  school students must receive accurate and timely information
   17  regarding their child’s academic progress and must be informed
   18  of ways they can help their child to succeed in school. K-12
   19  students and their parents are afforded numerous statutory
   20  rights including, but not limited to, the following:
   21         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
   22         (b) Medical evaluation and electrocardiogram.—Students must
   23  satisfactorily pass a medical evaluation each year and, if
   24  applicable, receive an electrocardiogram before participating in
   25  athletics, unless the parent objects in writing based on
   26  religious tenets or practices or, for an electrocardiogram only,
   27  provides a written statement from a physician that the student
   28  does not require an electrocardiogram, in accordance with the
   29  provisions of s. 1006.20(2)(d).
   30         Section 2. Paragraphs (c) and (d) of subsection (2) of
   31  section 1006.20, Florida Statutes, are amended to read:
   32         1006.20 Athletics in public K-12 schools.—
   34         (c) The FHSAA shall adopt bylaws that require the
   35  following:
   36         1.Require All students participating in interscholastic
   37  athletic competition or who are candidates for an
   38  interscholastic athletic team to satisfactorily pass a medical
   39  evaluation each year before participating in interscholastic
   40  athletic competition or engaging in any practice, tryout,
   41  workout, conditioning, or other physical activity associated
   42  with the student’s candidacy for an interscholastic athletic
   43  team, including activities that occur outside of the school
   44  year. Such medical evaluation may be administered only by a
   45  practitioner licensed under chapter 458, chapter 459, chapter
   46  460, or s. 464.012 or registered under s. 464.0123 and in good
   47  standing with the practitioner’s regulatory board. The bylaws
   48  shall establish requirements for eliciting a student’s medical
   49  history and performing the medical evaluation required under
   50  this paragraph, which shall include a physical assessment of the
   51  student’s physical capabilities to participate in
   52  interscholastic athletic competition as contained in a uniform
   53  preparticipation physical evaluation and history form. The
   54  evaluation form must shall incorporate the recommendations of
   55  the American Heart Association for participation cardiovascular
   56  screening and must shall provide a place for the signature of
   57  the practitioner performing the evaluation with an attestation
   58  that each examination procedure listed on the form was performed
   59  by the practitioner or by someone under the direct supervision
   60  of the practitioner. The form must shall also contain a place
   61  for the practitioner to indicate if a referral to another
   62  practitioner was made in lieu of completion of a certain
   63  examination procedure. The form must shall provide a place for
   64  the practitioner to whom the student was referred to complete
   65  the remaining sections and attest to that portion of the
   66  examination. The preparticipation physical evaluation form must
   67  shall advise students to complete a cardiovascular assessment
   68  and must shall include information concerning alternative
   69  cardiovascular evaluation and diagnostic tests. Results of such
   70  medical evaluation must be provided to the school. A student is
   71  not eligible to participate, as provided in s. 1006.15(3), in
   72  any interscholastic athletic competition or engage in any
   73  practice, tryout, workout, or other physical activity associated
   74  with the student’s candidacy for an interscholastic athletic
   75  team until the results of the medical evaluation have been
   76  received and approved by the school.
   77         2.That the following students receive an
   78  electrocardiogram:
   79         a.For the 2022-2023 school year, each student who
   80  participates in interscholastic athletic competition or is a
   81  candidate for an interscholastic athletic team.
   82         b.Beginning in the 2023-2024 school year and thereafter,
   83  each student in grades 6 through 8 who for the first time
   84  participates in interscholastic athletic competition or is a
   85  candidate for an interscholastic athletic team.
   86         c.Beginning in the 2023-2024 school year and thereafter,
   87  each student in grades 9 through 12 who for the first time since
   88  entering grade 9 participates in interscholastic athletic
   89  competition or is a candidate for an interscholastic athletic
   90  team.
   91         (d) Notwithstanding the provisions of paragraph (c), a
   92  student may participate in interscholastic athletic competition
   93  or be a candidate for an interscholastic athletic team if the
   94  parent of the student objects in writing to the student
   95  undergoing a medical evaluation or receiving an
   96  electrocardiogram because such evaluation or electrocardiogram
   97  is contrary to his or her religious tenets or practices.
   98  However, in such case, there shall be no liability on the part
   99  of any person or entity in a position to otherwise rely on the
  100  results of such medical evaluation or electrocardiogram for any
  101  damages resulting from the student’s injury or death arising
  102  directly from the student’s participation in interscholastic
  103  athletics when where an undisclosed medical condition that would
  104  have been revealed in the medical evaluation or
  105  electrocardiogram is a proximate cause of the injury or death.
  106  If a parent of a student objects in writing to the student
  107  receiving an electrocardiogram on the grounds that it is
  108  contrary to the parent’s or student’s religious tenets or
  109  practices, the parent must provide a written release of
  110  liability prepared by an attorney in good standing with The
  111  Florida Bar. Alternatively, a parent may provide a written
  112  statement from a practitioner licensed under chapter 458 or
  113  chapter 459 and in good standing with the practitioner’s
  114  regulatory board that the student does not require an
  115  electrocardiogram.
  116         Section 3. This act shall take effect July 1, 2022.