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A BILL TO BE ENTITLED
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AN ACT
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relating to notification provided by certain health care providers |
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to students and parents or guardians of students who participate in |
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extracurricular sports activities sponsored or sanctioned by the |
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University Interscholastic League. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.089 to read as follows: |
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Sec. 33.089. NOTIFICATION BY CERTAIN HEALTH CARE PROVIDERS |
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CONCERNING INJURIES RESULTING FROM HEAD TRAUMA. (a) In this |
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section, "health care provider" means a physician, physician |
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assistant, nurse practitioner, or chiropractor. |
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(b) A health care provider who examines a student to |
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determine the student's physical fitness to participate in a sports |
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activity sponsored or sanctioned by the University Interscholastic |
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League shall provide the student and the student's parent or |
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guardian with written notification, in the form and with the |
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specific content adopted jointly by the agency, the Department of |
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State Health Services, the Texas Traumatic Brain Injury Advisory |
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Council, and the University Interscholastic League, that explains: |
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(1) the risk of head trauma resulting from a secondary |
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impact suffered during a sports activity; |
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(2) the types of head trauma resulting from a |
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secondary impact that may occur; and |
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(3) the symptoms of head trauma resulting from a |
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secondary impact. |
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(c) Except as provided by Subsection (d), a health care |
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provider or athletic trainer who, at the time and place of injury, |
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examines a student because the student has been injured in a sports |
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activity sponsored or sanctioned by the University Interscholastic |
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League shall provide the student and the student's parent or |
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guardian with the written notification required under Subsection |
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(b). |
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(d) Subsection (c) does not apply to a health care provider |
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or athletic trainer who: |
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(1) in good faith administers emergency care for an |
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injury sustained during a sports activity at which the health care |
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provider or athletic trainer is a spectator; and |
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(2) provides the emergency care without the |
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expectation of remuneration. |
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SECTION 2. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 3. 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, 2007. |