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A BILL TO BE ENTITLED
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AN ACT
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relating to prevention of and safety requirements regarding sudden |
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cardiac arrest affecting public school students participating in |
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interscholastic athletics. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Education Code, is amended by adding |
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Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. PREVENTION OF AND SAFETY REQUIREMENTS REGARDING |
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SUDDEN CARDIAC ARREST AFFECTING STUDENT ATHLETES |
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Sec. 38.181. DEFINITIONS. In this subchapter: |
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(1) "Athletic trainer" has the meaning assigned by |
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Section 451.001, Occupations Code. |
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(2) "Coach" includes an assistant coach. |
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(3) "League" means the University Interscholastic |
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League. |
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(4) "Parent" includes a guardian or other person with |
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legal authority to make medical decisions for a student. |
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(5) "Physician" means a person who holds a license to |
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practice medicine in this state. |
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Sec. 38.182. APPLICABILITY. This subchapter applies to an |
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interscholastic athletic activity, including practice and |
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competition, sponsored or sanctioned by: |
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(1) a school district and any school for which a |
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charter has been granted under Chapter 12; or |
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(2) the league. |
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Sec. 38.183. WEBSITE INFORMATION. (a) The agency shall |
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develop guidelines and other relevant materials, in accordance with |
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this section, to educate students, parents, and coaches regarding |
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sudden cardiac arrest, including: |
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(1) warning signs and symptoms, including: |
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(A) fainting or seizures during athletic |
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activity; |
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(B) difficulty breathing; |
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(C) chest pains; |
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(D) dizziness; |
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(E) abnormal racing heart rate; and |
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(F) extreme fatigue; and |
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(2) risks associated with continuing athletic |
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activity after experiencing a warning sign or symptom of sudden |
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cardiac arrest. |
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(b) In developing the guidelines and other materials under |
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Subsection (a), the agency may use educational videos and other |
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resources available at no cost. |
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(c) The agency shall post on the agency's Internet website |
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the guidelines and other materials developed under Subsection (a). |
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Sec. 38.184. REQUIRED ANNUAL FORM ACKNOWLEDGING SUDDEN |
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CARDIAC ARREST INFORMATION. (a) A student may not participate in |
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an interscholastic athletic activity for a school year until both |
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the student and the student's parent have signed a form for that |
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school year that acknowledges receiving and reading written |
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information that: |
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(1) explains: |
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(A) sudden cardiac arrest warning signs and |
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symptoms; and |
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(B) electrocardiogram testing; |
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(2) provides notice of the option of the student to |
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request the administration of an electrocardiogram in addition to a |
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physical examination; and |
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(3) is consistent with the information in the |
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materials developed and posted under Section 38.183. |
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(b) The form required under Subsection (a) must be approved |
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by the league. |
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Sec. 38.185. INFORMATIONAL MEETING. Before the start of |
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each athletic season, a school district or charter school may hold |
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an informational meeting regarding the warning signs and symptoms |
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of sudden cardiac arrest for students, parents, coaches, and other |
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school employees. The district or school may invite a physician, |
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including a pediatric cardiologist, or athletic trainer to present |
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information at the meeting. |
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Sec. 38.186. REQUEST FOR ELECTROCARDIOGRAM. A student may |
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request an electrocardiogram from any health care professional, |
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including a health care professional provided through the student's |
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patient-centered medical home, as defined by Section 533.0029, |
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Government Code, a health care professional provided through a |
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school district program, or another health care professional chosen |
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by the parent, provided that the health care 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. |
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Sec. 38.187. REMOVAL AND PREVENTION FROM PLAY IN PRACTICE |
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OR COMPETITION FOLLOWING SUDDEN CARDIAC ARREST WARNING SIGN OR |
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SYMPTOM. (a) A student shall be removed from an interscholastic |
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athletic practice or competition immediately if any of the |
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following persons determines that the student has lost |
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consciousness 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 school nurse; or |
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(5) the student's parent. |
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(b) A student may be removed from an interscholastic |
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athletic practice or competition by a person listed in Subsection |
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(a) if the person determines that the student has exhibited a |
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warning sign or symptom of sudden cardiac arrest other than the loss |
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of consciousness as described by Sections 38.183(a)(1)(B)-(F). |
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(c) Subject to Section 38.188, if a person listed in |
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Subsection (a) knows that a student has lost consciousness at any |
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time during or immediately following an interscholastic athletic |
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practice or competition, the student shall be prevented from |
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participating in any further practice or competition. |
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(d) Subject to Section 38.188, if a person listed in |
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Subsection (a) knows that a student has exhibited a warning sign or |
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symptom of sudden cardiac arrest other than the loss of |
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consciousness at any time during or immediately following an |
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interscholastic athletic practice or competition, the student may |
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be prevented from participating in any further practice or |
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competition. |
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Sec. 38.188. RETURN TO PLAY IN PRACTICE OR COMPETITION. A |
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student removed from or prevented from participating in an |
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interscholastic athletic practice or competition under Section |
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38.187 may not be permitted to practice or compete again until: |
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(1) the student has been evaluated by: |
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(A) a physician; |
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(B) a licensed health care professional; or |
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(C) a school nurse; and |
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(2) the evaluating health care provider has provided a |
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written statement indicating that, in the provider's professional |
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judgment, it is safe for the student to return to play. |
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Sec. 38.189. TRAINING COURSES. (a) The league shall |
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approve for coaches of interscholastic athletic activities |
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training courses that provide for training in the subject matter of |
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sudden cardiac arrest, including prevention, warning signs and |
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symptoms, risks, and long-term effects. |
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(b) A coach may not coach an interscholastic athletic |
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activity for a school year until the coach has completed a training |
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course approved under Subsection (a). |
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(c) A coach must submit proof of timely completion of an |
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approved course in compliance with Subsection (b) to the school |
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district superintendent or the superintendent's designee or, in the |
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case of a charter school, a person who serves the function of a |
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superintendent or that person's designee. |
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Sec. 38.190. IMMUNITY. This subchapter does not: |
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(1) waive any immunity from liability of a school |
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district or charter school or of district or school officers or |
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employees; |
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(2) create any liability for a cause of action against |
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a school district or open-enrollment charter school or against |
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district or charter school officers or employees; or |
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(3) waive any immunity from liability under Section |
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74.151, Civil Practice and Remedies Code. |
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Sec. 38.191. RULES. The commissioner and the league may |
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adopt rules as necessary to administer this subchapter. |
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SECTION 2. Section 33.096, Education Code, is repealed. |
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SECTION 3. Subchapter D-1, Chapter 38, Education Code, as |
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added by this Act, applies beginning with the 2023-2024 school |
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year. |
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SECTION 4. Notwithstanding Section 38.189, Education Code, |
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as added by this Act, a coach required under that section to take a |
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training course in the subject of sudden cardiac arrest must |
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initially complete the training course not later than September 1, |
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2024. |
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SECTION 5. 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, 2023. |