Zackery Lystedt Law passed
July 28, 2009 by Mike Nelson
On May 14, 2009, Washington Governor Christine Gregoire signed the nation’s toughest return-to-play law, requiring medical clearance of youth athletes suspected of sustaining a concussion, before sending them back in the game, practice or training. The new law (House Bill 1824), known as the Zackery Lystedt Law, prohibits youth athletes suspected of sustaining a concussion from returning to play without a licensed health-care provider’s approval.
Tragically, more than 3.5 million sports-and-related concussions occur each year in the United States, according to the Center for Disease Control and Prevention. Many of these injuries are preventable. Concussions (mild traumatic brain injuries) are one of the most commonly reported injuries in children and adolescents who participate in sports, generally caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The CDC estimates more than three million concussions occur in the U.S. each year.
Further, concussions are a type of brain injury that have a range of severity and can have a multitude of symptoms. In Zackery Lystedt’s case, the severity of injury was likely aggravated by his continued play after his concussion.
Zackery Lystedt’s parents sought the representation of Nelson Langer Engle, as well as Adler Giersch. The two firms worked together to put together this groundbreaking legislation. Some of the key provisions of the law are as follows:
- Youth athletes who are suspected of sustaining a concussion or head injury be removed from play. “When in doubt, sit them out.”
- School districts to work with the Washington Interscholastic Activities Association (WIAA) to develop information and policies on educating coaches, youth athletes and parents about the nature and risk of concussion, including the dangers of returning to practice or competition after a concussion or head injury.
- All student athletes and their parents/guardians sign an information sheet about concussion and head injury prior to the youth athlete’s initiating practice at the start of each season.
- Youth athletes who have been removed from play receive written medical clearance prior to returning to play from a licensed health-care provider trained in the evaluation and management of concussion.
- Private, nonprofit youth sports associations wanting to use publicly owned playfields comply with this law.
Many experts have applauded the law for its beauty and simplicity. “This simple policy – which doesn’t cost a thing for the state or any school district – will save lives,” said Stanley A. Herring, M.D., FACSM, Chair of ACSM’s Clinical Sports Medicine Leadership committee and one of the physicians involved with Lystedt’s care. “It’s a win-win-win, for young athletes, for schools and for public health. The Lystedts have shown us all how one family can prevail over a devastating injury to affect change that has a real opportunity to save lives. This will do just that in Washington, and in every other state that recognizes its value.”
The new law was sponsored by Rep. Jay Rodne, R-North Bend, with support from BIAWA, Zackery’s parents Victor and Mercedes Lystedt, and a large coalition of supporters that include: The Center for Disease Control, Seattle Seahawks, Washington Interscholastic Activities Association, Washington State Youth Soccer Association, Washington State Athletic Trainers Association, Cannfield & Associates Risk Managers, Harborview Medical Center, University of Washington, Seattle Children’s Hospital.
It is our sincere hope that this law will help to prevent many brain injuries throughout Washington State and the nation. The bottom line: Don’t play hurt, and don’t try to shake off an injury to get back in the game. Seek medical attention instead.