Bill Text: TX HB2038 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to prevention, treatment, and oversight of concussions affecting public school students participating in interscholastic athletics.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB2038 Detail]
Download: Texas-2011-HB2038-Enrolled.html
H.B. No. 2038 |
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relating to prevention, treatment, and oversight of concussions | ||
affecting public school students participating in interscholastic | ||
athletics. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as Natasha's Law in honor | ||
of Natasha Helmick for her courage in advocating for the enactment | ||
of this Act and in honor of all other student athletes at the middle | ||
and high school levels. | ||
SECTION 2. Chapter 38, Education Code, is amended by adding | ||
Subchapter D to read as follows: | ||
SUBCHAPTER D. PREVENTION, TREATMENT, AND OVERSIGHT OF CONCUSSIONS | ||
AFFECTING STUDENT ATHLETES | ||
Sec. 38.151. DEFINITIONS. In this subchapter: | ||
(1) "Advanced practice nurse" has the meaning assigned | ||
by Section 301.152, Occupations Code. | ||
(2) "Athletic trainer" has the meaning assigned by | ||
Section 451.001, Occupations Code. | ||
(3) "Coach" includes an assistant coach. | ||
(4) "Concussion" means a complex pathophysiological | ||
process affecting the brain caused by a traumatic physical force or | ||
impact to the head or body, which may: | ||
(A) include temporary or prolonged altered brain | ||
function resulting in physical, cognitive, or emotional symptoms or | ||
altered sleep patterns; and | ||
(B) involve loss of consciousness. | ||
(5) "Licensed health care professional" means an | ||
advanced practice nurse, athletic trainer, neuropsychologist, or | ||
physician assistant, as those terms are defined by this section. | ||
(6) "Neuropsychologist" means a person who: | ||
(A) holds a license to engage in the practice of | ||
psychology issued under Section 501.252, Occupations Code; and | ||
(B) specializes in the practice of | ||
neuropsychology. | ||
(7) "Open-enrollment charter school" includes a | ||
school granted a charter under Subchapter E, Chapter 12. | ||
(8) "Physician" means a person who holds a license to | ||
practice medicine in this state. | ||
(9) "Physician assistant" means a person who holds a | ||
license issued under Chapter 204, Occupations Code. | ||
Sec. 38.152. APPLICABILITY. This subchapter applies to an | ||
interscholastic athletic activity, including practice and | ||
competition, sponsored or sanctioned by: | ||
(1) a school district, including a home-rule school | ||
district, or a public school, including any school for which a | ||
charter has been granted under Chapter 12; or | ||
(2) the University Interscholastic League. | ||
Sec. 38.153. OVERSIGHT OF CONCUSSIONS BY SCHOOL DISTRICTS | ||
AND CHARTER SCHOOLS; RETURN-TO-PLAY PROTOCOL DEVELOPMENT BY | ||
CONCUSSION OVERSIGHT TEAM. (a) The governing body of each school | ||
district and open-enrollment charter school with students enrolled | ||
who participate in an interscholastic athletic activity shall | ||
appoint or approve a concussion oversight team. | ||
(b) Each concussion oversight team shall establish a | ||
return-to-play protocol, based on peer-reviewed scientific | ||
evidence, for a student's return to interscholastic athletics | ||
practice or competition following the force or impact believed to | ||
have caused a concussion. | ||
Sec. 38.154. CONCUSSION OVERSIGHT TEAM: MEMBERSHIP. (a) | ||
Each concussion oversight team must include at least one physician | ||
and, to the greatest extent practicable, considering factors | ||
including the population of the metropolitan statistical area in | ||
which the school district or open-enrollment charter school is | ||
located, district or charter school student enrollment, and the | ||
availability of and access to licensed health care professionals in | ||
the district or charter school area, must also include one or more | ||
of the following: | ||
(1) an athletic trainer; | ||
(2) an advanced practice nurse; | ||
(3) a neuropsychologist; or | ||
(4) a physician assistant. | ||
(b) If a school district or open-enrollment charter school | ||
employs an athletic trainer, the athletic trainer must be a member | ||
of the district or charter school concussion oversight team. | ||
(c) Each member of the concussion oversight team must have | ||
had training in the evaluation, treatment, and oversight of | ||
concussions at the time of appointment or approval as a member of | ||
the team. | ||
Sec. 38.155. REQUIRED ANNUAL FORM ACKNOWLEDGING CONCUSSION | ||
INFORMATION. A student may not participate in an interscholastic | ||
athletic activity for a school year until both the student and the | ||
student's parent or guardian or another person with legal authority | ||
to make medical decisions for the student have signed a form for | ||
that school year that acknowledges receiving and reading written | ||
information that explains concussion prevention, symptoms, | ||
treatment, and oversight and that includes guidelines for safely | ||
resuming participation in an athletic activity following a | ||
concussion. The form must be approved by the University | ||
Interscholastic League. | ||
Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION | ||
FOLLOWING CONCUSSION. A student shall be removed from an | ||
interscholastic athletics practice or competition immediately if | ||
one of the following persons believes the student might have | ||
sustained a concussion during the practice or competition: | ||
(1) a coach; | ||
(2) a physician; | ||
(3) a licensed health care professional; or | ||
(4) the student's parent or guardian or another person | ||
with legal authority to make medical decisions for the student. | ||
Sec. 38.157. RETURN TO PLAY IN PRACTICE OR COMPETITION. (a) | ||
A student removed from an interscholastic athletics practice or | ||
competition under Section 38.156 may not be permitted to practice | ||
or compete again following the force or impact believed to have | ||
caused the concussion until: | ||
(1) the student has been evaluated, using established | ||
medical protocols based on peer-reviewed scientific evidence, by a | ||
treating physician chosen by the student or the student's parent or | ||
guardian or another person with legal authority to make medical | ||
decisions for the student; | ||
(2) the student has successfully completed each | ||
requirement of the return-to-play protocol established under | ||
Section 38.153 necessary for the student to return to play; | ||
(3) the treating physician has provided a written | ||
statement indicating that, in the physician's professional | ||
judgment, it is safe for the student to return to play; and | ||
(4) the student and the student's parent or guardian or | ||
another person with legal authority to make medical decisions for | ||
the student: | ||
(A) have acknowledged that the student has | ||
completed the requirements of the return-to-play protocol | ||
necessary for the student to return to play; | ||
(B) have provided the treating physician's | ||
written statement under Subdivision (3) to the person responsible | ||
for compliance with the return-to-play protocol under Subsection | ||
(c) and the person who has supervisory responsibilities under | ||
Subsection (c); and | ||
(C) have signed a consent form indicating that | ||
the person signing: | ||
(i) has been informed concerning and | ||
consents to the student participating in returning to play in | ||
accordance with the return-to-play protocol; | ||
(ii) understands the risks associated with | ||
the student returning to play and will comply with any ongoing | ||
requirements in the return-to-play protocol; | ||
(iii) consents to the disclosure to | ||
appropriate persons, consistent with the Health Insurance | ||
Portability and Accountability Act of 1996 (Pub. L. No. 104-191), | ||
of the treating physician's written statement under Subdivision (3) | ||
and, if any, the return-to-play recommendations of the treating | ||
physician; and | ||
(iv) understands the immunity provisions | ||
under Section 38.159. | ||
(b) A coach of an interscholastic athletics team may not | ||
authorize a student's return to play. | ||
(c) The school district superintendent or the | ||
superintendent's designee or, in the case of a home-rule school | ||
district or open-enrollment charter school, the person who serves | ||
the function of superintendent or that person's designee shall | ||
supervise an athletic trainer or other person responsible for | ||
compliance with the return-to-play protocol. The person who has | ||
supervisory responsibilities under this subsection may not be a | ||
coach of an interscholastic athletics team. | ||
Sec. 38.158. TRAINING COURSES. (a) The University | ||
Interscholastic League shall approve for coaches of | ||
interscholastic athletic activities training courses that provide | ||
for not less than two hours of training in the subject matter of | ||
concussions, including evaluation, prevention, symptoms, risks, | ||
and long-term effects. The league shall maintain an updated list of | ||
individuals and organizations authorized by the league to provide | ||
the training. | ||
(b) The Department of State Health Services Advisory Board | ||
of Athletic Trainers shall approve for athletic trainers training | ||
courses in the subject matter of concussions and shall maintain an | ||
updated list of individuals and organizations authorized by the | ||
board to provide the training. | ||
(c) The following persons must take a training course in | ||
accordance with Subsection (e) from an authorized training provider | ||
at least once every two years: | ||
(1) a coach of an interscholastic athletic activity; | ||
(2) a licensed health care professional who serves as | ||
a member of a concussion oversight team and is an employee, | ||
representative, or agent of a school district or open-enrollment | ||
charter school; and | ||
(3) a licensed health care professional who serves on | ||
a volunteer basis as a member of a concussion oversight team for a | ||
school district or open-enrollment charter school. | ||
(d) A physician who serves as a member of a concussion | ||
oversight team shall, to the greatest extent practicable, | ||
periodically take an appropriate continuing medical education | ||
course in the subject matter of concussions. | ||
(e) For purposes of Subsection (c): | ||
(1) a coach must take a course described by Subsection | ||
(a); | ||
(2) an athletic trainer must take: | ||
(A) a course described by Subsection (b); or | ||
(B) a course concerning the subject matter of | ||
concussions that has been approved for continuing education credit | ||
by the appropriate licensing authority for the profession; and | ||
(3) a licensed health care professional, other than an | ||
athletic trainer, must take: | ||
(A) a course described by Subsection (a) or (b); | ||
or | ||
(B) a course concerning the subject matter of | ||
concussions that has been approved for continuing education credit | ||
by the appropriate licensing authority for the profession. | ||
(f) Each person described by Subsection (c) must submit | ||
proof of timely completion of an approved course in compliance with | ||
Subsection (e) to the school district superintendent or the | ||
superintendent's designee or, in the case of a home-rule school | ||
district or open-enrollment charter school, a person who serves the | ||
function of a superintendent or that person's designee. | ||
(g) A licensed health care professional who is not in | ||
compliance with the training requirements under this section may | ||
not serve on a concussion oversight team in any capacity. | ||
Sec. 38.159. IMMUNITY. This subchapter does not: | ||
(1) waive any immunity from liability of a school | ||
district or open-enrollment charter school or of district or | ||
charter school officers or employees; | ||
(2) create any liability for a cause of action against | ||
a school district or open-enrollment charter school or against | ||
district or charter school officers or employees; | ||
(3) waive any immunity from liability under Section | ||
74.151, Civil Practice and Remedies Code; or | ||
(4) create any cause of action or liability for a | ||
member of a concussion oversight team arising from the injury or | ||
death of a student participating in an interscholastic athletics | ||
practice or competition, based on service or participation on the | ||
concussion oversight team. | ||
Sec. 38.160. RULES. The commissioner may adopt rules as | ||
necessary to administer this subchapter. | ||
SECTION 3. Subchapter D, Chapter 38, Education Code, as | ||
added by this Act, applies beginning with the 2011-2012 school | ||
year. | ||
SECTION 4. Notwithstanding Section 38.158(f), Education | ||
Code, as added by this Act, a person required under Section | ||
38.158(c), Education Code, as added by this Act, to take a training | ||
course in the subject of concussions must initially complete the | ||
training course not later than September 1, 2012. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2038 was passed by the House on May 5, | ||
2011, by the following vote: Yeas 127, Nays 7, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2038 was passed by the Senate on May | ||
24, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |