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A BILL TO BE ENTITLED
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AN ACT
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relating to cognitive-linguistic or neurocognitive assessments of |
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participants in extracurricular athletic activities sponsored or |
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sanctioned by the 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 33.093 to read as follows: |
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Sec. 33.093. COGNITIVE-LINGUISTIC OR NEUROCOGNITIVE |
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ASSESSMENTS OF PARTICIPANTS IN EXTRACURRICULAR ATHLETIC |
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ACTIVITIES. (a) For purposes of this section, only the following |
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persons are considered to be appropriately licensed or certified |
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health care professionals: |
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(1) a physician licensed under Subtitle B, Title 3, |
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Occupations Code; |
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(2) a physician assistant licensed under Chapter 204, |
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Occupations Code; |
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(3) an advanced practice nurse licensed under Chapter |
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301, Occupations Code; |
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(4) a speech-language pathologist licensed under |
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Chapter 401, Occupations Code, or certified as a speech-language |
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pathologist by the Texas Education Agency; and |
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(5) an athletic trainer licensed under Chapter 451, |
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Occupations Code. |
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(b) Except as provided under Subsection (d), a school |
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district must require a district student who is required under |
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University Interscholastic League rule or policy to receive a |
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physical examination before being allowed to participate in an |
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athletic activity sponsored or sanctioned by the league to also |
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receive a cognitive-linguistic or neurocognitive assessment |
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performed by an appropriately licensed or certified health care |
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professional and administered in accordance with current |
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international consensus on concussion management before the |
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district allows the student to participate in the activity, |
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including a practice for the activity. |
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(c) Except as provided under Subsection (d), a school |
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district must require a district student who, after sustaining a |
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concussion, is required under Subchapter D, Chapter 38, or under |
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University Interscholastic League rule or policy to receive a |
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physical examination or obtain medical approval before being |
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allowed to resume participating in or practicing for an athletic |
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activity sponsored or sanctioned by the University Interscholastic |
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League to also obtain a cognitive-linguistic or neurocognitive |
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assessment performed by an appropriately licensed or certified |
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health care professional and administered in accordance with |
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current international consensus on concussion management before |
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the district allows the student to resume participating in or |
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practicing for the activity. The results of the |
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cognitive-linguistic or neurocognitive assessment must be |
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considered as a factor in determining whether the student is to be |
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allowed to resume participating in or practicing for the activity. |
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(d) A school district is required to comply with Subsection |
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(b) or (c), as applicable, only if the board of trustees of the |
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district, by majority vote, decides that it is in the best interests |
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of district students to comply with the subsection. |
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(e) A school district may assist in coordinating the |
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provision of a cognitive-linguistic or neurocognitive assessment |
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required under this section. A district may pay the costs of the |
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assessment and may recover those costs from the parent or guardian |
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of a student receiving the assessment or from the student. |
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(f) This section does not create a cause of action or |
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liability against an appropriately licensed or certified health |
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care professional, a school district, or a district officer or |
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employee for the injury or death of a student participating in or |
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practicing for an athletic activity sponsored or sanctioned by the |
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University Interscholastic League based on or in connection with |
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the administration or evaluation of or reliance on a |
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cognitive-linguistic or neurocognitive assessment or the decision |
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not to administer, evaluate, or rely on such an assessment. |
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(g) A school district shall maintain in a student's school |
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records a copy of a cognitive-linguistic or neurocognitive |
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assessment required under this section and available to the |
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district. |
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(h) The University Interscholastic League shall adopt rules |
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as necessary to administer this section, including rules |
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establishing standards for a cognitive-linguistic or |
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neurocognitive assessment required under this section. The league |
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may consider recommendations of the league's medical advisory |
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committee in establishing standards for a cognitive-linguistic or |
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neurocognitive assessment. |
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SECTION 2. This Act applies beginning with the 2014-2015 |
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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, 2013. |