Texas 2011 - 82nd Regular

Texas House Bill HB2038 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Price, et al. (Senate Sponsor - Deuell) H.B. No. 2038
2	2	(In the Senate - Received from the House May 6, 2011;
3	3	May 10, 2011, read first time and referred to Committee on Health
4	4	and Human Services; May 18, 2011, reported favorably by the
5	5	following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to prevention, treatment, and oversight of concussions
11	11	affecting public school students participating in interscholastic
12	12	athletics.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. This Act may be cited as Natasha's Law in honor
15	15	of Natasha Helmick for her courage in advocating for the enactment
16	16	of this Act and in honor of all other student athletes at the middle
17	17	and high school levels.
18	18	SECTION 2. Chapter 38, Education Code, is amended by adding
19	19	Subchapter D to read as follows:
20	20	SUBCHAPTER D. PREVENTION, TREATMENT, AND OVERSIGHT OF CONCUSSIONS
21	21	AFFECTING STUDENT ATHLETES
22	22	Sec. 38.151. DEFINITIONS. In this subchapter:
23	23	(1) "Advanced practice nurse" has the meaning assigned
24	24	by Section 301.152, Occupations Code.
25	25	(2) "Athletic trainer" has the meaning assigned by
26	26	Section 451.001, Occupations Code.
27	27	(3) "Coach" includes an assistant coach.
28	28	(4) "Concussion" means a complex pathophysiological
29	29	process affecting the brain caused by a traumatic physical force or
30	30	impact to the head or body, which may:
31	31	(A) include temporary or prolonged altered brain
32	32	function resulting in physical, cognitive, or emotional symptoms or
33	33	altered sleep patterns; and
34	34	(B) involve loss of consciousness.
35	35	(5) "Licensed health care professional" means an
36	36	advanced practice nurse, athletic trainer, neuropsychologist, or
37	37	physician assistant, as those terms are defined by this section.
38	38	(6) "Neuropsychologist" means a person who:
39	39	(A) holds a license to engage in the practice of
40	40	psychology issued under Section 501.252, Occupations Code; and
41	41	(B) specializes in the practice of
42	42	neuropsychology.
43	43	(7) "Open-enrollment charter school" includes a
44	44	school granted a charter under Subchapter E, Chapter 12.
45	45	(8) "Physician" means a person who holds a license to
46	46	practice medicine in this state.
47	47	(9) "Physician assistant" means a person who holds a
48	48	license issued under Chapter 204, Occupations Code.
49	49	Sec. 38.152. APPLICABILITY. This subchapter applies to an
50	50	interscholastic athletic activity, including practice and
51	51	competition, sponsored or sanctioned by:
52	52	(1) a school district, including a home-rule school
53	53	district, or a public school, including any school for which a
54	54	charter has been granted under Chapter 12; or
55	55	(2) the University Interscholastic League.
56	56	Sec. 38.153. OVERSIGHT OF CONCUSSIONS BY SCHOOL DISTRICTS
57	57	AND CHARTER SCHOOLS; RETURN-TO-PLAY PROTOCOL DEVELOPMENT BY
58	58	CONCUSSION OVERSIGHT TEAM. (a) The governing body of each school
59	59	district and open-enrollment charter school with students enrolled
60	60	who participate in an interscholastic athletic activity shall
61	61	appoint or approve a concussion oversight team.
62	62	(b) Each concussion oversight team shall establish a
63	63	return-to-play protocol, based on peer-reviewed scientific
64	64	evidence, for a student's return to interscholastic athletics
65	65	practice or competition following the force or impact believed to
66	66	have caused a concussion.
67	67	Sec. 38.154. CONCUSSION OVERSIGHT TEAM: MEMBERSHIP. (a)
68	68	Each concussion oversight team must include at least one physician
69	69	and, to the greatest extent practicable, considering factors
70	70	including the population of the metropolitan statistical area in
71	71	which the school district or open-enrollment charter school is
72	72	located, district or charter school student enrollment, and the
73	73	availability of and access to licensed health care professionals in
74	74	the district or charter school area, must also include one or more
75	75	of the following:
76	76	(1) an athletic trainer;
77	77	(2) an advanced practice nurse;
78	78	(3) a neuropsychologist; or
79	79	(4) a physician assistant.
80	80	(b) If a school district or open-enrollment charter school
81	81	employs an athletic trainer, the athletic trainer must be a member
82	82	of the district or charter school concussion oversight team.
83	83	(c) Each member of the concussion oversight team must have
84	84	had training in the evaluation, treatment, and oversight of
85	85	concussions at the time of appointment or approval as a member of
86	86	the team.
87	87	Sec. 38.155. REQUIRED ANNUAL FORM ACKNOWLEDGING CONCUSSION
88	88	INFORMATION. A student may not participate in an interscholastic
89	89	athletic activity for a school year until both the student and the
90	90	student's parent or guardian or another person with legal authority
91	91	to make medical decisions for the student have signed a form for
92	92	that school year that acknowledges receiving and reading written
93	93	information that explains concussion prevention, symptoms,
94	94	treatment, and oversight and that includes guidelines for safely
95	95	resuming participation in an athletic activity following a
96	96	concussion. The form must be approved by the University
97	97	Interscholastic League.
98	98	Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION
99	99	FOLLOWING CONCUSSION. A student shall be removed from an
100	100	interscholastic athletics practice or competition immediately if
101	101	one of the following persons believes the student might have
102	102	sustained a concussion during the practice or competition:
103	103	(1) a coach;
104	104	(2) a physician;
105	105	(3) a licensed health care professional; or
106	106	(4) the student's parent or guardian or another person
107	107	with legal authority to make medical decisions for the student.
108	108	Sec. 38.157. RETURN TO PLAY IN PRACTICE OR COMPETITION. (a)
109	109	A student removed from an interscholastic athletics practice or
110	110	competition under Section 38.156 may not be permitted to practice
111	111	or compete again following the force or impact believed to have
112	112	caused the concussion until:
113	113	(1) the student has been evaluated, using established
114	114	medical protocols based on peer-reviewed scientific evidence, by a
115	115	treating physician chosen by the student or the student's parent or
116	116	guardian or another person with legal authority to make medical
117	117	decisions for the student;
118	118	(2) the student has successfully completed each
119	119	requirement of the return-to-play protocol established under
120	120	Section 38.153 necessary for the student to return to play;
121	121	(3) the treating physician has provided a written
122	122	statement indicating that, in the physician's professional
123	123	judgment, it is safe for the student to return to play; and
124	124	(4) the student and the student's parent or guardian or
125	125	another person with legal authority to make medical decisions for
126	126	the student:
127	127	(A) have acknowledged that the student has
128	128	completed the requirements of the return-to-play protocol
129	129	necessary for the student to return to play;
130	130	(B) have provided the treating physician's
131	131	written statement under Subdivision (3) to the person responsible
132	132	for compliance with the return-to-play protocol under Subsection
133	133	(c) and the person who has supervisory responsibilities under
134	134	Subsection (c); and
135	135	(C) have signed a consent form indicating that
136	136	the person signing:
137	137	(i) has been informed concerning and
138	138	consents to the student participating in returning to play in
139	139	accordance with the return-to-play protocol;
140	140	(ii) understands the risks associated with
141	141	the student returning to play and will comply with any ongoing
142	142	requirements in the return-to-play protocol;
143	143	(iii) consents to the disclosure to
144	144	appropriate persons, consistent with the Health Insurance
145	145	Portability and Accountability Act of 1996 (Pub. L. No. 104-191),
146	146	of the treating physician's written statement under Subdivision (3)
147	147	and, if any, the return-to-play recommendations of the treating
148	148	physician; and
149	149	(iv) understands the immunity provisions
150	150	under Section 38.159.
151	151	(b) A coach of an interscholastic athletics team may not
152	152	authorize a student's return to play.
153	153	(c) The school district superintendent or the
154	154	superintendent's designee or, in the case of a home-rule school
155	155	district or open-enrollment charter school, the person who serves
156	156	the function of superintendent or that person's designee shall
157	157	supervise an athletic trainer or other person responsible for
158	158	compliance with the return-to-play protocol. The person who has
159	159	supervisory responsibilities under this subsection may not be a
160	160	coach of an interscholastic athletics team.
161	161	Sec. 38.158. TRAINING COURSES. (a) The University
162	162	Interscholastic League shall approve for coaches of
163	163	interscholastic athletic activities training courses that provide
164	164	for not less than two hours of training in the subject matter of
165	165	concussions, including evaluation, prevention, symptoms, risks,
166	166	and long-term effects. The league shall maintain an updated list of
167	167	individuals and organizations authorized by the league to provide
168	168	the training.
169	169	(b) The Department of State Health Services Advisory Board
170	170	of Athletic Trainers shall approve for athletic trainers training
171	171	courses in the subject matter of concussions and shall maintain an
172	172	updated list of individuals and organizations authorized by the
173	173	board to provide the training.
174	174	(c) The following persons must take a training course in
175	175	accordance with Subsection (e) from an authorized training provider
176	176	at least once every two years:
177	177	(1) a coach of an interscholastic athletic activity;
178	178	(2) a licensed health care professional who serves as
179	179	a member of a concussion oversight team and is an employee,
180	180	representative, or agent of a school district or open-enrollment
181	181	charter school; and
182	182	(3) a licensed health care professional who serves on
183	183	a volunteer basis as a member of a concussion oversight team for a
184	184	school district or open-enrollment charter school.
185	185	(d) A physician who serves as a member of a concussion
186	186	oversight team shall, to the greatest extent practicable,
187	187	periodically take an appropriate continuing medical education
188	188	course in the subject matter of concussions.
189	189	(e) For purposes of Subsection (c):
190	190	(1) a coach must take a course described by Subsection
191	191	(a);
192	192	(2) an athletic trainer must take:
193	193	(A) a course described by Subsection (b); or
194	194	(B) a course concerning the subject matter of
195	195	concussions that has been approved for continuing education credit
196	196	by the appropriate licensing authority for the profession; and
197	197	(3) a licensed health care professional, other than an
198	198	athletic trainer, must take:
199	199	(A) a course described by Subsection (a) or (b);
200	200	or
201	201	(B) a course concerning the subject matter of
202	202	concussions that has been approved for continuing education credit
203	203	by the appropriate licensing authority for the profession.
204	204	(f) Each person described by Subsection (c) must submit
205	205	proof of timely completion of an approved course in compliance with
206	206	Subsection (e) to the school district superintendent or the
207	207	superintendent's designee or, in the case of a home-rule school
208	208	district or open-enrollment charter school, a person who serves the
209	209	function of a superintendent or that person's designee.
210	210	(g) A licensed health care professional who is not in
211	211	compliance with the training requirements under this section may
212	212	not serve on a concussion oversight team in any capacity.
213	213	Sec. 38.159. IMMUNITY. This subchapter does not:
214	214	(1) waive any immunity from liability of a school
215	215	district or open-enrollment charter school or of district or
216	216	charter school officers or employees;
217	217	(2) create any liability for a cause of action against
218	218	a school district or open-enrollment charter school or against
219	219	district or charter school officers or employees;
220	220	(3) waive any immunity from liability under Section
221	221	74.151, Civil Practice and Remedies Code; or
222	222	(4) create any cause of action or liability for a
223	223	member of a concussion oversight team arising from the injury or
224	224	death of a student participating in an interscholastic athletics
225	225	practice or competition, based on service or participation on the
226	226	concussion oversight team.
227	227	Sec. 38.160. RULES. The commissioner may adopt rules as
228	228	necessary to administer this subchapter.
229	229	SECTION 3. Subchapter D, Chapter 38, Education Code, as
230	230	added by this Act, applies beginning with the 2011-2012 school
231	231	year.
232	232	SECTION 4. Notwithstanding Section 38.158(f), Education
233	233	Code, as added by this Act, a person required under Section
234	234	38.158(c), Education Code, as added by this Act, to take a training
235	235	course in the subject of concussions must initially complete the
236	236	training course not later than September 1, 2012.
237	237	SECTION 5. This Act takes effect immediately if it receives
238	238	a vote of two-thirds of all the members elected to each house, as
239	239	provided by Section 39, Article III, Texas Constitution. If this
240	240	Act does not receive the vote necessary for immediate effect, this
241	241	Act takes effect September 1, 2011.
242	242	* * * * *