Bill Text: TX HB68 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to cognitive-linguistic or neurocognitive assessments of participants in extracurricular athletic activities sponsored or sanctioned by the University Interscholastic League.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-04 - Referred to Public Education [HB68 Detail]
Download: Texas-2013-HB68-Introduced.html
| 83R453 CAS-F | ||
| By: Lucio III | H.B. No. 68 | |
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| 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. | ||
