82R6595 CAS-D
By: Deuell S.B. No. 835
A BILL TO BE ENTITLED
AN ACT
relating to prevention, treatment, and management of concussions
affecting public and private school students participating in
interscholastic athletics.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Education Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. PREVENTION, TREATMENT, AND MANAGEMENT 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 brain injury resulting from
an impact to the head or body and causing a change in brain function
and a temporary or prolonged altered mental state.
(5) "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.
(6) "Physician" means a person who holds a license to
practice medicine in this state.
(7) "Physician assistant" means a person who holds a
license issued under Chapter 204, Occupations Code.
Sec. 38.152. APPLICABILITY. Except as provided by Section
38.158, this subchapter applies to an interscholastic athletic
activity, including practice and competition, sponsored or
sanctioned by:
(1) a school district, public school, including an
open-enrollment charter school, or private school;
(2) the University Interscholastic League; or
(3) the Texas Association of Private and Parochial
Schools or a successor organization.
Sec. 38.153. 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, guardian, or other 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 management 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 or by the Texas Association of Private and
Parochial Schools or a successor organization, as applicable.
Sec. 38.154. CONCUSSION MANAGEMENT TEAM. (a) The
governing body of each school district, open-enrollment charter
school, and private school with students enrolled who participate
in an interscholastic athletic activity shall designate a
concussion management team.
(b) Each concussion management team must include a
physician and, to the greatest extent practicable, an athletic
trainer and a neuropsychologist. If it is not practicable to
include on the team an athletic trainer or a neuropsychologist, the
team must include a physician assistant or advanced practice nurse.
Each member of the team must have training in the evaluation,
treatment, and management of concussions.
(c) To be eligible to serve on a concussion management team,
a person must comply with Section 38.156(e).
Sec. 38.155. RESTRICTIONS ON PARTICIPATION IN PRACTICE OR
COMPETITION FOLLOWING CONCUSSION. (a) A student who a coach,
athletic trainer, or physician believes might have sustained a
concussion during an interscholastic athletics practice or
competition shall be removed from the practice or competition
immediately and may not be permitted to practice or compete during
the 24-hour period following the impact that is believed to have
caused a concussion. Before the student may be allowed to practice
or compete after that period:
(1) the student must be evaluated, using established
medical protocols based on peer-reviewed scientific evidence, by
the physician on the concussion management team designated under
Section 38.154 and by at least one other member of the team;
(2) a return-to-play protocol based on peer-reviewed
scientific evidence for the student's return to practice and
competition must be developed by the concussion management team, in
collaboration with the student, the student's parent, guardian, or
other person with legal authority to make medical decisions for the
student, and appropriate school employees;
(3) the physician on the concussion management team
and at least one other member of the team must sign a statement
indicating that, in the professional judgment of the person
signing, it is safe for the student to return to practice and
competition; and
(4) both the student and the student's parent,
guardian, or other person with legal authority to make medical
decisions for the student must sign a consent form indicating that
the person signing:
(A) participated in the return-to-play protocol
development process;
(B) understands the risks associated with
returning to practice or competition; and
(C) will comply with each directive established
by the protocol.
(b) An athletic trainer, if an athletic trainer is a member
of the concussion management team, or other person employed by a
school district, open-enrollment charter school, or private school
to perform the duties generally performed by an athletic trainer
shall enforce each directive established by the return-to-play
protocol.
(c) The school district superintendent or the
superintendent's designee or, in the case of an open-enrollment
charter school or private school, a person who serves the function
of a superintendent or that person's designee shall supervise the
enforcement of the return-to-play protocol by the person
responsible for enforcement under Subsection (b). The person who
has supervisory responsibilities under this subsection may not be a
coach of an interscholastic athletic team.
Sec. 38.156. TRAINING COURSE. (a) The agency shall
establish the Training and Education Advisory Council to develop a
training course in concussion management, including evaluation of a
student following an impact sustained by the student during an
athletic activity and diagnosis of, prevention of, symptoms of,
appropriate medical treatment for, risks associated with, and
long-term effects of a concussion. The training course must be
designed to be presented for at least three hours.
(b) The commissioner shall appoint members to the advisory
council as follows:
(1) at least one but not more than three members must
be persons recommended by the Texas Medical Association or a
successor organization;
(2) at least one but not more than three members must
be members of the Texas State Athletic Trainers' Association or a
successor organization; and
(3) one member must be an employee of the agency.
(c) The training course developed under this section,
including any modification to the course, may not be offered until
approved by the Advisory Board of Athletic Trainers. A person may
not serve as a provider of the training course until the person is
approved as a course provider by the board. The board shall
maintain and post on the board's Internet website an updated list of
approved providers.
(d) The following persons must take the training course at
least once every two years:
(1) a coach of an interscholastic athletic activity;
(2) an athletic trainer employed by a school district,
open-enrollment charter school, or private school;
(3) a person employed to perform the duties generally
performed by an athletic trainer if an athletic trainer is not
employed by a school district, open-enrollment charter school, or
private school; and
(4) a health care professional who serves as a member
of a concussion management team regardless of whether the person is
an employee of a school district, open-enrollment charter school,
or private school.
(e) Before a person described by Subsection (d) may serve
or continue to serve on a concussion management team, the person
must submit to the school district superintendent or the
superintendent's designee or, in the case of an open-enrollment
charter school or private school, a person who serves the function
of a superintendent or that person's designee, proof of timely
completion of an approved training course.
Sec. 38.157. REPORT TO GOVERNING BODY. (a) Each public
school and private school, including an open-enrollment charter
school, to which this subchapter applies shall, in the time and
manner required by commissioner rule, submit to the board of
trustees of the school district in which the school is located or
other governing body, as applicable, an annual report for the
school that includes:
(1) the age and grade level of and athletic activity
participated in and position played by each student who, during the
year for which the report is submitted, sustained a concussion;
(2) the number of students who, during the year for
which the report is submitted, sustained more than one concussion;
(3) a list of the names of the persons who serve on the
concussion management team and, for each person, the person's job
title, relevant qualifications, and current compliance status with
the training requirements established under Section 38.156;
(4) the amount of time per concussion that each
student was kept out of practice and competition; and
(5) the number of students who were unable to return to
practice and competition due to the concussion that resulted in
removal from play.
(b) The board of trustees or other governing body shall
maintain the report submitted under Subsection (a) for a period of
not less than five years and make each report maintained available
for review and audit at the request of the agency.
(c) If the board of trustees or other governing body fails
to maintain the reports as required by Subsection (b) or make a
report required to be maintained available at the request of the
agency, all interscholastic activities of the school district,
open-enrollment charter school, or private school shall be
suspended until the governing body establishes compliance with this
subchapter.
Sec. 38.158. CONDITIONS FOR IMMUNITY. A school district or
open-enrollment charter school is immune from liability for the
injury to or death of a person participating, on property owned by
the district or used for a charter school campus, as an athlete in a
private, nonprofit athletics program for primary or secondary
students that is caused by the act or omission of a person employed
by or under contract with the athletics program if:
(1) the district or charter school is not violating
any law regarding the district's or school's participation in the
athletics program; and
(2) the nonprofit sports program provides to the
district or charter school:
(A) proof of insurance; and
(B) a statement that the program complies with
district or school policies for concussion management under this
subchapter.
Sec. 38.159. RULES. The commissioner shall adopt rules as
necessary to administer this subchapter.
SECTION 2. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.085 to read as follows:
Sec. 33.085. GUIDELINES CONCERNING EMPLOYMENT OF LICENSED
ATHLETIC TRAINERS BY SCHOOL DISTRICT OR OPEN-ENROLLMENT CHARTER
SCHOOL. (a) In this section, "athletic trainer" has the meaning
assigned by Section 451.001, Occupations Code.
(b) The commissioner may develop and by rule establish
guidelines for the employment of an athletic trainer by a school
district or open-enrollment charter school.
(c) Guidelines adopted by the commissioner under Subsection
(b) may include guidelines for:
(1) the ratio of athletic trainers to student
athletes;
(2) differentiated ratios based on school
enrollments; and
(3) strategies for coordination of athletic training
services between a school district or open-enrollment charter
school and another appropriate organization such as a regional
education service center.
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 38.156(e), Education
Code, as added by this Act, a person required under Section
38.156(d), Education Code, as added by this Act, to take a
concussion management training course 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.