4 | 11 | | AN ACT |
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5 | 12 | | relating to the membership and training course requirements of a |
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6 | 13 | | public school concussion oversight team and the removal of a public |
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7 | 14 | | school student from an interscholastic athletic activity on the |
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8 | 15 | | basis of a suspected concussion. |
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9 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 17 | | SECTION 1. Section 38.154, Education Code, is amended by |
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11 | 18 | | adding Subsection (b-1) to read as follows: |
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12 | 19 | | (b-1) If a school district or open-enrollment charter |
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13 | 20 | | school employs a school nurse, the school nurse may be a member of |
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14 | 21 | | the district or charter school concussion oversight team if |
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15 | 22 | | requested by the school nurse. |
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16 | 23 | | SECTION 2. Section 38.156, Education Code, is amended to |
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17 | 24 | | read as follows: |
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18 | 25 | | Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION |
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19 | 26 | | FOLLOWING CONCUSSION. A student shall be removed from an |
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20 | 27 | | interscholastic athletics practice or competition immediately if |
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21 | 28 | | one of the following persons believes the student might have |
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22 | 29 | | sustained a concussion during the practice or competition: |
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23 | 30 | | (1) a coach; |
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24 | 31 | | (2) a physician; |
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25 | 32 | | (3) a licensed health care professional; |
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26 | 33 | | (4) a person licensed under Chapter 201, Occupations |
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27 | 34 | | Code; [or] |
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28 | 35 | | (5) a school nurse; or |
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29 | 36 | | (6) the student's parent or guardian or another person |
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30 | 37 | | with legal authority to make medical decisions for the student. |
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31 | 38 | | SECTION 3. Sections 38.158(c), (e), and (g), Education |
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32 | 39 | | Code, are amended to read as follows: |
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33 | 40 | | (c) The following persons must take a training course in |
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34 | 41 | | accordance with Subsection (e) from an authorized training provider |
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35 | 42 | | at least once every two years: |
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36 | 43 | | (1) a coach of an interscholastic athletic activity; |
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37 | 44 | | (2) a school nurse who serves as a member of a |
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38 | 45 | | concussion oversight team; |
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39 | 46 | | (3) a licensed health care professional who serves as |
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40 | 47 | | a member of a concussion oversight team and is an employee, |
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41 | 48 | | representative, or agent of a school district or open-enrollment |
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42 | 49 | | charter school; and |
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43 | 50 | | (4) [(3)] a licensed health care professional who |
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44 | 51 | | serves on a volunteer basis as a member of a concussion oversight |
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45 | 52 | | team for a school district or open-enrollment charter school. |
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46 | 53 | | (e) For purposes of Subsection (c): |
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47 | 54 | | (1) a coach must take a course described by Subsection |
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48 | 55 | | (a); |
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49 | 56 | | (2) an athletic trainer must take: |
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50 | 57 | | (A) a course described by Subsection (b); or |
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51 | 58 | | (B) a course concerning the subject matter of |
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52 | 59 | | concussions that has been approved for continuing education credit |
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53 | 60 | | by the appropriate licensing authority for the profession; and |
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54 | 61 | | (3) a school nurse or licensed health care |
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55 | 62 | | professional, other than an athletic trainer, must take: |
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56 | 63 | | (A) a course described by Subsection (a) or (b); |
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57 | 64 | | or |
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58 | 65 | | (B) a course concerning the subject matter of |
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59 | 66 | | concussions that has been approved for continuing education credit |
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60 | 67 | | by the appropriate licensing authority for the profession. |
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61 | 68 | | (g) A school nurse or licensed health care professional who |
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62 | 69 | | is not in compliance with the training requirements under this |
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63 | 70 | | section may not serve on a concussion oversight team in any |
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64 | 71 | | capacity. |
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65 | 72 | | SECTION 4. This Act takes effect immediately if it receives |
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66 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 76 | | Act takes effect September 1, 2019. |
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