Bill Text: TX HB2605 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to prevention of and safety requirements regarding sudden cardiac arrest affecting public school students participating in interscholastic athletics.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-03-30 - Left pending in committee [HB2605 Detail]

Download: Texas-2021-HB2605-Introduced.html
  87R7165 MWC-D
 
  By: Rosenthal H.B. No. 2605
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prevention of and safety requirements regarding sudden
  cardiac arrest affecting public school students participating in
  interscholastic athletics.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Education Code, is amended by adding
  Subchapter D-1 to read as follows:
  SUBCHAPTER D-1. PREVENTION OF AND SAFETY REQUIREMENTS REGARDING
  SUDDEN CARDIAC ARREST AFFECTING STUDENT ATHLETES
         Sec. 38.181.  DEFINITIONS.  In this subchapter:
               (1)  "Athletic trainer" has the meaning assigned by
  Section 451.001, Occupations Code.
               (2)  "Coach" includes an assistant coach.
               (3)  "League" means the University Interscholastic
  League.
               (4)  "Parent" includes a guardian or other person with
  legal authority to make medical decisions for a student.
               (5)  "Physician" means a person who holds a license to
  practice medicine in this state.
         Sec. 38.182.  APPLICABILITY.  This subchapter applies to an
  interscholastic athletic activity, including practice and
  competition, sponsored or sanctioned by:
               (1)  a school district and any school for which a
  charter has been granted under Chapter 12; or
               (2)  the league.
         Sec. 38.183.  WEBSITE INFORMATION. (a)  The agency shall
  develop guidelines and other relevant materials, in accordance with
  this section, to educate students, parents, and coaches regarding
  sudden cardiac arrest, including:
               (1)  warning signs and symptoms, including:
                     (A)  fainting or seizures during athletic
  activity;
                     (B)  difficulty breathing;
                     (C)  chest pains;
                     (D)  dizziness;
                     (E)  abnormal racing heart rate; and
                     (F)  extreme fatigue; and
               (2)  risks associated with continuing athletic
  activity after experiencing a warning sign or symptom of sudden
  cardiac arrest.
         (b)  In developing the guidelines and other materials under
  Subsection (a), the agency may use educational videos and other
  resources available at no cost.
         (c)  The agency shall post on the agency's Internet website
  the guidelines and other materials developed under Subsection (a).
         Sec. 38.184.  REQUIRED ANNUAL FORM ACKNOWLEDGING SUDDEN
  CARDIAC ARREST INFORMATION. (a)  A student may not participate in
  an interscholastic athletic activity for a school year until both
  the student and the student's parent have signed a form for that
  school year that acknowledges receiving and reading written
  information that:
               (1)  explains:
                     (A)  sudden cardiac arrest warning signs and
  symptoms; and
                     (B)  electrocardiogram testing;
               (2)  provides notice of the option of the student to
  request the administration of an electrocardiogram in addition to a
  physical examination; and
               (3)  is consistent with the information in the
  materials developed and posted under Section 38.183.
         (b)  The form required under Subsection (a) must be approved
  by the league.
         Sec. 38.185.  INFORMATIONAL MEETING. Before the start of
  each athletic season, a school district or charter school may hold
  an informational meeting regarding the warning signs and symptoms
  of sudden cardiac arrest for students, parents, coaches, and other
  school employees.  The district or school may invite a physician,
  including a pediatric cardiologist, or athletic trainer to present
  information at the meeting.
         Sec. 38.186.  REQUEST FOR ELECTROCARDIOGRAM.  A student may
  request an electrocardiogram from any health care professional,
  including a health care professional provided through the student's
  patient-centered medical home, as defined by Section 533.0029,
  Government Code, a health care professional provided through a
  school district program, or another health care professional chosen
  by the parent, provided that the health care professional is:
               (1)  appropriately licensed in this state; and
               (2)  authorized to administer and interpret
  electrocardiograms under the health care professional's scope of
  practice.
         Sec. 38.187.  REMOVAL AND PREVENTION FROM PLAY IN PRACTICE
  OR COMPETITION FOLLOWING SUDDEN CARDIAC ARREST WARNING SIGN OR
  SYMPTOM. (a)  A student shall be removed from an interscholastic
  athletic practice or competition immediately if any of the
  following persons determines that the student has lost
  consciousness during the practice or competition:
               (1)  a coach;
               (2)  a physician;
               (3)  a licensed health care professional;
               (4)  a school nurse; or
               (5)  the student's parent.
         (b)  A student may be removed from an interscholastic
  athletic practice or competition by a person listed in Subsection
  (a) if the person determines that the student has exhibited a
  warning sign or symptom of sudden cardiac arrest other than the loss
  of consciousness as described by Sections 38.183(a)(1)(B)-(F).
         (c)  Subject to Section 38.188, if a person listed in
  Subsection (a) knows that a student has lost consciousness at any
  time during or immediately following an interscholastic athletic
  practice or competition, the student shall be prevented from
  participating in any further practice or competition.
         (d)  Subject to Section 38.188, if a person listed in
  Subsection (a) knows that a student has exhibited a warning sign or
  symptom of sudden cardiac arrest other than the loss of
  consciousness at any time during or immediately following an
  interscholastic athletic practice or competition, the student may
  be prevented from participating in any further practice or
  competition.
         Sec. 38.188.  RETURN TO PLAY IN PRACTICE OR COMPETITION. A
  student removed from or prevented from participating in an
  interscholastic athletic practice or competition under Section
  38.187 may not be permitted to practice or compete again until:
               (1)  the student has been evaluated by:
                     (A)  a physician;
                     (B)  a licensed health care professional; or
                     (C)  a school nurse; and
               (2)  the evaluating health care provider has provided a
  written statement indicating that, in the provider's professional
  judgment, it is safe for the student to return to play.
         Sec. 38.189.  TRAINING COURSES.  (a)  The league shall
  approve for coaches of interscholastic athletic activities
  training courses that provide for training in the subject matter of
  sudden cardiac arrest, including prevention, warning signs and
  symptoms, risks, and long-term effects.
         (b)  A coach may not coach an interscholastic athletic
  activity for a school year until the coach has completed a training
  course approved under Subsection (a).
         (c)  A coach must submit proof of timely completion of an
  approved course in compliance with Subsection (b) to the school
  district superintendent or the superintendent's designee or, in the
  case of a charter school, a person who serves the function of a
  superintendent or that person's designee.
         Sec. 38.190.  IMMUNITY. This subchapter does not:
               (1)  waive any immunity from liability of a school
  district or charter school or of district or 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; or
               (3)  waive any immunity from liability under Section
  74.151, Civil Practice and Remedies Code.
         Sec. 38.191.  RULES. The commissioner and the league may
  adopt rules as necessary to administer this subchapter.
         SECTION 2.  Section 33.096, Education Code, is repealed.
         SECTION 3.  Subchapter D-1, Chapter 38, Education Code, as
  added by this Act, applies beginning with the 2021-2022 school
  year.
         SECTION 4.  Notwithstanding Section 38.189, Education Code,
  as added by this Act, a coach required under that section to take a
  training course in the subject of sudden cardiac arrest must
  initially complete the training course not later than September 1,
  2022.
         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, 2021.
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