By: Price, et al. (Senate Sponsor - Deuell) H.B. No. 2038
(In the Senate - Received from the House May 6, 2011;
May 10, 2011, read first time and referred to Committee on Health
and Human Services; May 18, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
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.
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