83R453 CAS-F
By: Lucio III H.B. No. 68
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 considered to be 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 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 Subchapter D, Chapter 38, or 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 required to comply with Subsection
(b) or (c), as applicable, only if the board of trustees of the
district, by majority vote, decides that it is in the best interests
of district students 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 receiving the assessment or from the student.
(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 and 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 2014-2015
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, 2013.