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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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
the29 provisions ofs. 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.— 33 (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.— 34 (c) The FHSAA shall adopt bylaws that require the 35 following: 36 1. RequireAll 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 shallincorporate the recommendations of 55 the American Heart Association for participation cardiovascular 56 screening and must shallprovide 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 shallalso 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 shallprovide 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 shalladvise students to complete a cardiovascular assessment 68 and must shallinclude 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 ofparagraph (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 wherean 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.