Sec. 6. Health, wellness, and safety standards
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/bill/117/s/4724/is/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, shall establish health, wellness, and safety standards for intercollegiate athletic programs. In developing the standards under paragraph (1), the Secretary shall— consult with— the Sports Science Institute of the National Collegiate Athletic Association; and college athlete health and safety advocacy communities; and consider existing guidelines of relevant nonprofit entities, such as the National Collegiate Athletic Association, conferences, professional sports leagues, the National Athletic Trainers Association, and college athlete advocacy communities.
The standards established under paragraph
(1)shall address— cardiac health; concussion and traumatic brain injuries; illegal performance enhancers and substance abuse; mental health; nutrition, sleep, and performance; overuse injuries, periodization, and heat-related illnesses; sexual assault and interpersonal violence; athletics health care administration; weight and pain management; Rhabdomyolysis; sickle cell trait; asthma; best practices to prevent serious harm in sports medicine, physical therapy, athletic training, and athletic strength and conditioning; coaching principles prioritizing college athlete well-being; and any other topic the Secretary considers appropriate. Athletic trainers and physicians shall have the autonomous, unchallengeable authority to determine medical management and return-to-play decisions with respect to college athletes, and a coach or other nonmedical personnel of an institution of higher education may not attempt to influence or disregard such decisions. Not less frequently than annually, the Commission shall conduct an audit of athletic departments to verify compliance with the standards established under subsection (a)(1). An individual shall be subject to a lifetime ban on involvement in intercollegiate athletics if the individual is found to have— caused serious harm— due to noncompliance with a standard established under subsection (a)(1); or by failing to adequately address such noncompliance; threatened or retaliated against any individual or entity that reports such noncompliance; knowingly provided false information; or attempted to obstruct an investigation by the Commission related to a possible violation of such a standard. An institution of higher education found to be in noncompliance with a standard established under subsection (a)(1) shall be responsible for medical and academic expenses related to the resulting harm of a college athlete and any other penalty or remedy, as determined by the Commission.