82R23332 CAS-D
By: Lucio III, et al. H.B. No. 677
Substitute the following for H.B. No. 677:
By: Huberty C.S.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 not required to comply with
Subsection (b) or (c), as applicable, if the board of trustees of
the district, by majority vote, decides that it is in the best
interests of district students not 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.