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AN ACT
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relating to the membership and training course requirements of a |
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public school concussion oversight team and the removal of a public |
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school student from an interscholastic athletic activity on the |
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basis of a suspected concussion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.154, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) If a school district or open-enrollment charter |
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school employs a school nurse, the school nurse may be a member of |
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the district or charter school concussion oversight team if |
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requested by the school nurse. |
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SECTION 2. Section 38.156, Education Code, is amended to |
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read as follows: |
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Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION |
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FOLLOWING CONCUSSION. A student shall be removed from an |
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interscholastic athletics practice or competition immediately if |
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one of the following persons believes the student might have |
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sustained a concussion during the practice or competition: |
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(1) a coach; |
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(2) a physician; |
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(3) a licensed health care professional; |
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(4) a person licensed under Chapter 201, Occupations |
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Code; [or] |
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(5) a school nurse; or |
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(6) the student's parent or guardian or another person |
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with legal authority to make medical decisions for the student. |
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SECTION 3. Sections 38.158(c), (e), and (g), Education |
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Code, are amended to read as follows: |
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(c) The following persons must take a training course in |
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accordance with Subsection (e) from an authorized training provider |
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at least once every two years: |
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(1) a coach of an interscholastic athletic activity; |
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(2) a school nurse who serves as a member of a |
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concussion oversight team; |
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(3) a licensed health care professional who serves as |
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a member of a concussion oversight team and is an employee, |
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representative, or agent of a school district or open-enrollment |
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charter school; and |
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(4) [(3)] a licensed health care professional who |
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serves on a volunteer basis as a member of a concussion oversight |
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team for a school district or open-enrollment charter school. |
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(e) For purposes of Subsection (c): |
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(1) a coach must take a course described by Subsection |
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(a); |
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(2) an athletic trainer must take: |
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(A) a course described by Subsection (b); or |
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(B) a course concerning the subject matter of |
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concussions that has been approved for continuing education credit |
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by the appropriate licensing authority for the profession; and |
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(3) a school nurse or licensed health care |
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professional, other than an athletic trainer, must take: |
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(A) a course described by Subsection (a) or (b); |
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or |
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(B) a course concerning the subject matter of |
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concussions that has been approved for continuing education credit |
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by the appropriate licensing authority for the profession. |
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(g) A school nurse or licensed health care professional who |
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is not in compliance with the training requirements under this |
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section may not serve on a concussion oversight team in any |
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capacity. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 961 was passed by the House on April |
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16, 2019, by the following vote: Yeas 136, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 961 was passed by the Senate on May |
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20, 2019, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |