Texas 2021 - 87th Regular

Texas House Bill HB2605 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7165 MWC-D
2	2	By: Rosenthal H.B. No. 2605
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prevention of and safety requirements regarding sudden
8	8	cardiac arrest affecting public school students participating in
9	9	interscholastic athletics.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 38, Education Code, is amended by adding
12	12	Subchapter D-1 to read as follows:
13	13	SUBCHAPTER D-1. PREVENTION OF AND SAFETY REQUIREMENTS REGARDING
14	14	SUDDEN CARDIAC ARREST AFFECTING STUDENT ATHLETES
15	15	Sec. 38.181. DEFINITIONS. In this subchapter:
16	16	(1) "Athletic trainer" has the meaning assigned by
17	17	Section 451.001, Occupations Code.
18	18	(2) "Coach" includes an assistant coach.
19	19	(3) "League" means the University Interscholastic
20	20	League.
21	21	(4) "Parent" includes a guardian or other person with
22	22	legal authority to make medical decisions for a student.
23	23	(5) "Physician" means a person who holds a license to
24	24	practice medicine in this state.
25	25	Sec. 38.182. APPLICABILITY. This subchapter applies to an
26	26	interscholastic athletic activity, including practice and
27	27	competition, sponsored or sanctioned by:
28	28	(1) a school district and any school for which a
29	29	charter has been granted under Chapter 12; or
30	30	(2) the league.
31	31	Sec. 38.183. WEBSITE INFORMATION. (a) The agency shall
32	32	develop guidelines and other relevant materials, in accordance with
33	33	this section, to educate students, parents, and coaches regarding
34	34	sudden cardiac arrest, including:
35	35	(1) warning signs and symptoms, including:
36	36	(A) fainting or seizures during athletic
37	37	activity;
38	38	(B) difficulty breathing;
39	39	(C) chest pains;
40	40	(D) dizziness;
41	41	(E) abnormal racing heart rate; and
42	42	(F) extreme fatigue; and
43	43	(2) risks associated with continuing athletic
44	44	activity after experiencing a warning sign or symptom of sudden
45	45	cardiac arrest.
46	46	(b) In developing the guidelines and other materials under
47	47	Subsection (a), the agency may use educational videos and other
48	48	resources available at no cost.
49	49	(c) The agency shall post on the agency's Internet website
50	50	the guidelines and other materials developed under Subsection (a).
51	51	Sec. 38.184. REQUIRED ANNUAL FORM ACKNOWLEDGING SUDDEN
52	52	CARDIAC ARREST INFORMATION. (a) A student may not participate in
53	53	an interscholastic athletic activity for a school year until both
54	54	the student and the student's parent have signed a form for that
55	55	school year that acknowledges receiving and reading written
56	56	information that:
57	57	(1) explains:
58	58	(A) sudden cardiac arrest warning signs and
59	59	symptoms; and
60	60	(B) electrocardiogram testing;
61	61	(2) provides notice of the option of the student to
62	62	request the administration of an electrocardiogram in addition to a
63	63	physical examination; and
64	64	(3) is consistent with the information in the
65	65	materials developed and posted under Section 38.183.
66	66	(b) The form required under Subsection (a) must be approved
67	67	by the league.
68	68	Sec. 38.185. INFORMATIONAL MEETING. Before the start of
69	69	each athletic season, a school district or charter school may hold
70	70	an informational meeting regarding the warning signs and symptoms
71	71	of sudden cardiac arrest for students, parents, coaches, and other
72	72	school employees. The district or school may invite a physician,
73	73	including a pediatric cardiologist, or athletic trainer to present
74	74	information at the meeting.
75	75	Sec. 38.186. REQUEST FOR ELECTROCARDIOGRAM. A student may
76	76	request an electrocardiogram from any health care professional,
77	77	including a health care professional provided through the student's
78	78	patient-centered medical home, as defined by Section 533.0029,
79	79	Government Code, a health care professional provided through a
80	80	school district program, or another health care professional chosen
81	81	by the parent, provided that the health care professional is:
82	82	(1) appropriately licensed in this state; and
83	83	(2) authorized to administer and interpret
84	84	electrocardiograms under the health care professional's scope of
85	85	practice.
86	86	Sec. 38.187. REMOVAL AND PREVENTION FROM PLAY IN PRACTICE
87	87	OR COMPETITION FOLLOWING SUDDEN CARDIAC ARREST WARNING SIGN OR
88	88	SYMPTOM. (a) A student shall be removed from an interscholastic
89	89	athletic practice or competition immediately if any of the
90	90	following persons determines that the student has lost
91	91	consciousness during the practice or competition:
92	92	(1) a coach;
93	93	(2) a physician;
94	94	(3) a licensed health care professional;
95	95	(4) a school nurse; or
96	96	(5) the student's parent.
97	97	(b) A student may be removed from an interscholastic
98	98	athletic practice or competition by a person listed in Subsection
99	99	(a) if the person determines that the student has exhibited a
100	100	warning sign or symptom of sudden cardiac arrest other than the loss
101	101	of consciousness as described by Sections 38.183(a)(1)(B)-(F).
102	102	(c) Subject to Section 38.188, if a person listed in
103	103	Subsection (a) knows that a student has lost consciousness at any
104	104	time during or immediately following an interscholastic athletic
105	105	practice or competition, the student shall be prevented from
106	106	participating in any further practice or competition.
107	107	(d) Subject to Section 38.188, if a person listed in
108	108	Subsection (a) knows that a student has exhibited a warning sign or
109	109	symptom of sudden cardiac arrest other than the loss of
110	110	consciousness at any time during or immediately following an
111	111	interscholastic athletic practice or competition, the student may
112	112	be prevented from participating in any further practice or
113	113	competition.
114	114	Sec. 38.188. RETURN TO PLAY IN PRACTICE OR COMPETITION. A
115	115	student removed from or prevented from participating in an
116	116	interscholastic athletic practice or competition under Section
117	117	38.187 may not be permitted to practice or compete again until:
118	118	(1) the student has been evaluated by:
119	119	(A) a physician;
120	120	(B) a licensed health care professional; or
121	121	(C) a school nurse; and
122	122	(2) the evaluating health care provider has provided a
123	123	written statement indicating that, in the provider's professional
124	124	judgment, it is safe for the student to return to play.
125	125	Sec. 38.189. TRAINING COURSES. (a) The league shall
126	126	approve for coaches of interscholastic athletic activities
127	127	training courses that provide for training in the subject matter of
128	128	sudden cardiac arrest, including prevention, warning signs and
129	129	symptoms, risks, and long-term effects.
130	130	(b) A coach may not coach an interscholastic athletic
131	131	activity for a school year until the coach has completed a training
132	132	course approved under Subsection (a).
133	133	(c) A coach must submit proof of timely completion of an
134	134	approved course in compliance with Subsection (b) to the school
135	135	district superintendent or the superintendent's designee or, in the
136	136	case of a charter school, a person who serves the function of a
137	137	superintendent or that person's designee.
138	138	Sec. 38.190. IMMUNITY. This subchapter does not:
139	139	(1) waive any immunity from liability of a school
140	140	district or charter school or of district or school officers or
141	141	employees;
142	142	(2) create any liability for a cause of action against
143	143	a school district or open-enrollment charter school or against
144	144	district or charter school officers or employees; or
145	145	(3) waive any immunity from liability under Section
146	146	74.151, Civil Practice and Remedies Code.
147	147	Sec. 38.191. RULES. The commissioner and the league may
148	148	adopt rules as necessary to administer this subchapter.
149	149	SECTION 2. Section 33.096, Education Code, is repealed.
150	150	SECTION 3. Subchapter D-1, Chapter 38, Education Code, as
151	151	added by this Act, applies beginning with the 2021-2022 school
152	152	year.
153	153	SECTION 4. Notwithstanding Section 38.189, Education Code,
154	154	as added by this Act, a coach required under that section to take a
155	155	training course in the subject of sudden cardiac arrest must
156	156	initially complete the training course not later than September 1,
157	157	2022.
158	158	SECTION 5. This Act takes effect immediately if it receives
159	159	a vote of two-thirds of all the members elected to each house, as
160	160	provided by Section 39, Article III, Texas Constitution. If this
161	161	Act does not receive the vote necessary for immediate effect, this
162	162	Act takes effect September 1, 2021.