Texas 2011 - 82nd Regular

Texas House Bill HB677 Compare Versions

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Old	New	Differences
1	1	82R23332 CAS-D
2	2	By: Lucio III, et al. H.B. No. 677
3	3	Substitute the following for H.B. No. 677:
4	4	By: Huberty C.S.H.B. No. 677
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to cognitive-linguistic or neurocognitive assessments of
10	10	participants in extracurricular athletic activities sponsored or
11	11	sanctioned by the University Interscholastic League.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter D, Chapter 33, Education Code, is
14	14	amended by adding Section 33.093 to read as follows:
15	15	Sec. 33.093. COGNITIVE-LINGUISTIC OR NEUROCOGNITIVE
16	16	ASSESSMENTS OF PARTICIPANTS IN EXTRACURRICULAR ATHLETIC
17	17	ACTIVITIES. (a) For purposes of this section, only the following
18	18	persons are appropriately licensed or certified health care
19	19	professionals:
20	20	(1) a physician licensed under Subtitle B, Title 3,
21	21	Occupations Code;
22	22	(2) a physician assistant licensed under Chapter 204,
23	23	Occupations Code;
24	24	(3) an advanced practice nurse licensed under Chapter
25	25	301, Occupations Code;
26	26	(4) a speech-language pathologist licensed under
27	27	Chapter 401, Occupations Code, or certified as a speech-language
28	28	pathologist by the Texas Education Agency; and
29	29	(5) an athletic trainer licensed under Chapter 451,
30	30	Occupations Code.
31	31	(b) Except as provided under Subsection (d), a school
32	32	district must require a district student who is required under
33	33	University Interscholastic League rule or policy to receive a
34	34	physical examination before being allowed to participate in an
35	35	athletic activity sponsored or sanctioned by the University
36	36	Interscholastic League to also receive a cognitive-linguistic or
37	37	neurocognitive assessment performed by an appropriately licensed
38	38	or certified health care professional and administered in
39	39	accordance with current international consensus on concussion
40	40	management before the district allows the student to participate in
41	41	the activity, including a practice for the activity.
42	42	(c) Except as provided under Subsection (d), a school
43	43	district must require a district student who, after sustaining a
44	44	concussion, is required under University Interscholastic League
45	45	rule or policy to receive a physical examination or obtain medical
46	46	approval before being allowed to resume participating in or
47	47	practicing for an athletic activity sponsored or sanctioned by the
48	48	University Interscholastic League to also obtain a
49	49	cognitive-linguistic or neurocognitive assessment performed by an
50	50	appropriately licensed or certified health care professional and
51	51	administered in accordance with current international consensus on
52	52	concussion management before the district allows the student to
53	53	resume participating in or practicing for the activity. The
54	54	results of the cognitive-linguistic or neurocognitive assessment
55	55	must be considered as a factor in determining whether the student is
56	56	to be allowed to resume participating in or practicing for the
57	57	activity.
58	58	(d) A school district is not required to comply with
59	59	Subsection (b) or (c), as applicable, if the board of trustees of
60	60	the district, by majority vote, decides that it is in the best
61	61	interests of district students not to comply with the subsection.
62	62	(e) A school district may assist in coordinating the
63	63	provision of a cognitive-linguistic or neurocognitive assessment
64	64	required under this section. A district may pay the costs of the
65	65	assessment and may recover those costs from the parent or guardian
66	66	of a student or the student receiving the assessment.
67	67	(f) This section does not create a cause of action or
68	68	liability against an appropriately licensed or certified health
69	69	care professional, a school district, or a district officer or
70	70	employee for the injury or death of a student participating in or
71	71	practicing for an athletic activity sponsored or sanctioned by the
72	72	University Interscholastic League based on or in connection with
73	73	the administration or evaluation of or reliance on a
74	74	cognitive-linguistic or neurocognitive assessment or the decision
75	75	not to administer, evaluate, or rely on such an assessment.
76	76	(g) A school district shall maintain in a student's school
77	77	records a copy of a cognitive-linguistic or neurocognitive
78	78	assessment required under this section available to the district.
79	79	(h) The University Interscholastic League shall adopt rules
80	80	as necessary to administer this section, including rules
81	81	establishing standards for a cognitive-linguistic or
82	82	neurocognitive assessment required under this section. The league
83	83	may consider recommendations of the league's medical advisory
84	84	committee in establishing standards for a cognitive-linguistic or
85	85	neurocognitive assessment.
86	86	SECTION 2. This Act applies beginning with the 2012-2013
87	87	school year.
88	88	SECTION 3. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2011.