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AN ACT
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relating to cardiac assessments of high school participants in |
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extracurricular athletic 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 33.096 to read as follows: |
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Sec. 33.096. CARDIAC ASSESSMENTS OF HIGH SCHOOL |
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PARTICIPANTS IN EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) A school |
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district must provide 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 University |
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Interscholastic League, the following: |
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(1) information about sudden cardiac arrest and |
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electrocardiogram testing; and |
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(2) notification of the option of the student to |
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request the administration of an electrocardiogram, in addition to |
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the physical examination. |
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(b) A student may request an electrocardiogram from any |
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health care professional, including a health care professional |
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provided through the student's patient-centered medical home, as |
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defined by Section 533.0029, Government Code, a health care |
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professional provided through a school district program, or another |
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health care professional chosen by the parent or person standing in |
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parental relation to the student, provided that the health care |
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professional is: |
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(1) appropriately licensed in this state; and |
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(2) authorized to administer and interpret |
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electrocardiograms under the health care professional's scope of |
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practice, as established by the health care professional's Texas |
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licensing act. |
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(c) The University Interscholastic League shall adopt rules |
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as necessary to administer this section. |
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(d) The rules adopted under Subsection (c) must include: |
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(1) criteria under which a school district may request |
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an exemption from the requirements of Subsection (a); |
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(2) variances that allow for a delay of the |
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implementation of the requirement to notify students of the option |
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to request an electrocardiogram under this section; |
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(3) procedures to ensure students receiving the |
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required annual physical examination are notified of the option to |
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request an electrocardiogram; and |
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(4) provisions to ensure that the requirements under |
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this section are minimum standards that provide a school district |
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with the option to implement a program that exceeds the standards |
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required by this section. |
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(e) This section does not create a cause of action or |
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liability or a standard of care, obligation, or duty that provides a |
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basis for a cause of action or liability against a health care |
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professional described by Subsection (b), the University |
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Interscholastic League, a school district, or a district officer or |
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employee for: |
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(1) the injury or death of a student participating in |
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or practicing for an athletic activity sponsored or sanctioned by |
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the University Interscholastic League based on or in connection |
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with the administration or interpretation of or reliance on an |
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electrocardiogram; or |
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(2) the content or distribution of the information |
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required under Subsection (a) or the failure to distribute the |
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required information under this section. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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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, 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. 76 was passed by the House on March |
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26, 2019, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 76 on May 23, 2019, by the following vote: Yeas 139, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 76 was passed by the Senate, with |
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amendments, on May 20, 2019, by the following vote: Yeas 20, Nays |
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11. |
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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 |