H.B. No. 76
AN ACT
relating to cardiac assessments of high school 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 33.096 to read as follows:
Sec. 33.096. CARDIAC ASSESSMENTS OF HIGH SCHOOL
PARTICIPANTS IN EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) A school
district must provide 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, the following:
(1) information about sudden cardiac arrest and
electrocardiogram testing; and
(2) notification of the option of the student to
request the administration of an electrocardiogram, in addition to
the physical examination.
(b) A student may request an electrocardiogram from any
health care professional, including a health care professional
provided through the student's patient-centered medical home, as
defined by Section 533.0029, Government Code, a health care
professional provided through a school district program, or another
health care professional chosen by the parent or person standing in
parental relation to the student, provided that the health care
professional is:
(1) appropriately licensed in this state; and
(2) authorized to administer and interpret
electrocardiograms under the health care professional's scope of
practice, as established by the health care professional's Texas
licensing act.
(c) The University Interscholastic League shall adopt rules
as necessary to administer this section.
(d) The rules adopted under Subsection (c) must include:
(1) criteria under which a school district may request
an exemption from the requirements of Subsection (a);
(2) variances that allow for a delay of the
implementation of the requirement to notify students of the option
to request an electrocardiogram under this section;
(3) procedures to ensure students receiving the
required annual physical examination are notified of the option to
request an electrocardiogram; and
(4) provisions to ensure that the requirements under
this section are minimum standards that provide a school district
with the option to implement a program that exceeds the standards
required by this section.
(e) This section does not create a cause of action or
liability or a standard of care, obligation, or duty that provides a
basis for a cause of action or liability against a health care
professional described by Subsection (b), the University
Interscholastic League, a school district, or a district officer or
employee for:
(1) 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 interpretation of or reliance on an
electrocardiogram; or
(2) the content or distribution of the information
required under Subsection (a) or the failure to distribute the
required information under this section.
SECTION 2. This Act applies beginning with the 2019-2020
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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 76 was passed by the House on March
26, 2019, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 76 on May 23, 2019, by the following vote: Yeas 139, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 76 was passed by the Senate, with
amendments, on May 20, 2019, by the following vote: Yeas 20, Nays
11.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor