Bill Text: TX HB677 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to cognitive-linguistic or neurocognitive assessments of participants in extracurricular athletic activities sponsored or sanctioned by the University Interscholastic League.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-16 - Referred to Education [HB677 Detail]

Download: Texas-2011-HB677-Engrossed.html
 
 
  By: Lucio III, et al. H.B. No. 677
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to cognitive-linguistic or neurocognitive assessments of
  participants in extracurricular athletic activities sponsored or
  sanctioned by the University Interscholastic League.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.093 to read as follows:
         Sec. 33.093.  COGNITIVE-LINGUISTIC OR NEUROCOGNITIVE
  ASSESSMENTS OF PARTICIPANTS IN EXTRACURRICULAR ATHLETIC
  ACTIVITIES. (a) For purposes of this section, only the following
  persons are appropriately licensed or certified health care
  professionals:
               (1)  a physician licensed under Subtitle B, Title 3,
  Occupations Code;
               (2)  a physician assistant licensed under Chapter 204,
  Occupations Code;
               (3)  an advanced practice nurse licensed under Chapter
  301, Occupations Code;
               (4)  a speech-language pathologist licensed under
  Chapter 401, Occupations Code, or certified as a speech-language
  pathologist by the Texas Education Agency; and
               (5)  an athletic trainer licensed under Chapter 451,
  Occupations Code.
         (b)  Except as provided under Subsection (d), a school
  district must require a district student who is required under
  University Interscholastic League rule or policy to receive a
  physical examination before being allowed to participate in an
  athletic activity sponsored or sanctioned by the University
  Interscholastic League to also receive a cognitive-linguistic or
  neurocognitive assessment performed by an appropriately licensed
  or certified health care professional and administered in
  accordance with current international consensus on concussion
  management before the district allows the student to participate in
  the activity, including a practice for the activity.
         (c)  Except as provided under Subsection (d), a school
  district must require a district student who, after sustaining a
  concussion, is required under University Interscholastic League
  rule or policy to receive a physical examination or obtain medical
  approval before being allowed to resume participating in or
  practicing for an athletic activity sponsored or sanctioned by the
  University Interscholastic League to also obtain a
  cognitive-linguistic or neurocognitive assessment performed by an
  appropriately licensed or certified health care professional and
  administered in accordance with current international consensus on
  concussion management before the district allows the student to
  resume participating in or practicing for the activity. The
  results of the cognitive-linguistic or neurocognitive assessment
  must be considered as a factor in determining whether the student is
  to be allowed to resume participating in or practicing for the
  activity.
         (d)  A school district is required to comply with Subsection
  (b) or (c), as applicable, only if the board of trustees of the
  district, by majority vote, decides that it is in the best interests
  of district students
  to comply with the subsection.
         (e)  A school district may assist in coordinating the
  provision of a cognitive-linguistic or neurocognitive assessment
  required under this section.  A district may pay the costs of the
  assessment and may recover those costs from the parent or guardian
  of a student or the student receiving the assessment.
         (f)  This section does not create a cause of action or
  liability against an appropriately licensed or certified health
  care professional, a school district, or a district officer or
  employee for the injury or death of a student participating in or
  practicing for an athletic activity sponsored or sanctioned by the
  University Interscholastic League based on or in connection with
  the administration or evaluation of or reliance on a
  cognitive-linguistic or neurocognitive assessment or the decision
  not to administer, evaluate, or rely on such an assessment.
         (g)  A school district shall maintain in a student's school
  records a copy of a cognitive-linguistic or neurocognitive
  assessment required under this section available to the district.
         (h)  The University Interscholastic League shall adopt rules
  as necessary to administer this section, including rules
  establishing standards for a cognitive-linguistic or
  neurocognitive assessment required under this section.  The league
  may consider recommendations of the league's medical advisory
  committee in establishing standards for a cognitive-linguistic or
  neurocognitive assessment.
         SECTION 2.  This Act applies beginning with the 2012-2013
  school year.
         SECTION 3.  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.
feedback