HB3596 - Relating to prevention of and safety requirements regarding sudden cardiac arrest affecting public school students participating in interscholastic athletics.

  89R14420 RDR-D     By: Rosenthal H.B. No. 3596       A BILL TO BE ENTITLED   AN ACT   relating to prevention of and safety requirements regarding sudden   cardiac arrest affecting public school students participating in   interscholastic athletics.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as Cody's Law.          SECTION 2.  Chapter 38, Education Code, is amended by adding   Subchapter D-1 to read as follows:   SUBCHAPTER D-1. PREVENTION OF AND SAFETY REQUIREMENTS REGARDING   SUDDEN CARDIAC ARREST AFFECTING STUDENT ATHLETES           Sec. 38.181.  DEFINITIONS.  In this subchapter:                 (1)     "Athletic trainer" has the meaning assigned by   Section 451.001, Occupations Code.                 (2)  "Coach" includes an assistant coach.                 (3)     "League" means the University Interscholastic   League.                 (4)     "Parent" includes a guardian or other person with   legal authority to make medical decisions for a student.                 (5)     "Physician" means a person who holds a license to   practice medicine in this state.           Sec.   38.182.     APPLICABILITY.   This subchapter applies to an   interscholastic athletic activity, including practice and   competition, sponsored or sanctioned by:                 (1)     a school district and any school for which a   charter has been granted under Chapter 12; or                 (2)  the league.           Sec.   38.183.     WEBSITE INFORMATION. (a)   The agency shall   develop guidelines and other relevant materials, in accordance with   this section, to educate students, parents, teachers, nurses, and   coaches regarding sudden cardiac arrest, including:                 (1)  warning signs and symptoms, including:                       (A)     fainting or seizures during athletic   activity;                       (B)  difficulty breathing;                       (C)  chest pains;                       (D)  dizziness;                       (E)  abnormal racing heart rate; and                       (F)  extreme fatigue; and                 (2)     risks associated with continuing athletic   activity after experiencing a warning sign or symptom of sudden   cardiac arrest.           (b)     In developing the guidelines and other materials under   Subsection (a), the agency may use educational videos and other   resources available at no cost.           (c)     The agency shall post on the agency's Internet website   the guidelines and other materials developed under Subsection (a).           Sec.   38.184.     REQUIRED ANNUAL FORM ACKNOWLEDGING SUDDEN   CARDIAC ARREST INFORMATION. (a)   In addition to satisfying the   requirements under Section 38.186, a student may not participate in   an interscholastic athletic activity for a school year until both   the student and the student's parent have signed and submitted to   the school district or charter school in which the student is   enrolled a form for that school year that acknowledges receiving   and reading written information that:                 (1)  explains:                       (A)     sudden cardiac arrest warning signs and   symptoms; and                       (B)  electrocardiogram screening;                 (2)     provides notice of the requirement for the student   to receive an electrocardiogram in addition to a physical   examination; and                 (3)     is consistent with the information in the   materials developed and posted under Section 38.183.           (b)     The form required under Subsection (a) must be approved   by the league.           (c)     A school district or charter school shall retain a form   submitted under Subsection (a) for the school year for which the   student participates in an interscholastic athletic activity.           Sec.   38.185.     INFORMATIONAL MEETING. Before the start of   each athletic season, a school district or charter school may hold   an informational meeting regarding the warning signs and symptoms   of sudden cardiac arrest for students, parents, coaches, and other   school employees.   The district or school may invite a physician,   including a pediatric cardiologist, or athletic trainer to present   information at the meeting.           Sec.   38.186.     REQUIRED ELECTROCARDIOGRAM.   (a)   Except as   provided by Subsection (b), a student may not participate in an   interscholastic athletic activity for a school year unless the   student receives an electrocardiogram from a health care   professional, including a health care professional provided   through the student's patient-centered medical home, as defined by   Section 540.0712, Government Code, a health care professional   provided through a school district or charter school program, or   another health care professional chosen by the parent, provided   that the health care professional is:                 (1)  appropriately licensed in this state; and                 (2)     authorized to administer and interpret   electrocardiograms under the health care professional's scope of   practice.           (b)     A student is not required to comply with Subsection (a)   if:                 (1)     the student's parent submits a signed form   indicating that the parent authorizes the student to decline an   electrocardiogram; or                 (2)     the student signs and submits the form described   by Subdivision (1) on the student's own behalf if the student is 18   years of age or older or the student's disabilities of minority have   been removed for general purposes under Chapter 31, Family Code.           (c)     A school district or charter school shall use a form   approved by the league for purposes of Subsection (b). The form   must:                 (1)     provide the student or the student's parent, as   applicable, the opportunity to decline an electrocardiogram, as   provided by Subsection (b); and                 (2)     be made available in English, Spanish, and any   other language spoken by a majority of the students enrolled in a   bilingual education or special language program under Subchapter B,   Chapter 29, in the district or school.           (d)     A school district or charter school shall retain a form   submitted under Subsection (b) for the school year for which the   student participates in an interscholastic athletic activity.           Sec.   38.187.     REMOVAL AND PREVENTION FROM PLAY IN PRACTICE   OR COMPETITION FOLLOWING SUDDEN CARDIAC ARREST WARNING SIGN OR   SYMPTOM. (a)   A student shall be removed from an interscholastic   athletic practice or competition immediately if any of the   following persons determines that the student has lost   consciousness during the practice or competition:                 (1)  a coach;                 (2)  a physician;                 (3)  a licensed health care professional;                 (4)  a school nurse; or                 (5)  the student's parent.           (b)     A student may be removed from an interscholastic   athletic practice or competition by a person listed in Subsection   (a) if the person determines that the student has exhibited a   warning sign or symptom of sudden cardiac arrest other than the loss   of consciousness as described by Sections 38.183(a)(1)(B)-(F).           (c)     Subject to Section 38.188, if a person listed in   Subsection (a) knows that a student has lost consciousness at any   time during or immediately following an interscholastic athletic   practice or competition, the student shall be prevented from   participating in any further practice or competition.           (d)     Subject to Section 38.188, if a person listed in   Subsection (a) knows that a student has exhibited a warning sign or   symptom of sudden cardiac arrest other than the loss of   consciousness at any time during or immediately following an   interscholastic athletic practice or competition, the student may   be prevented from participating in any further practice or   competition.           Sec.   38.188.     RETURN TO PLAY IN PRACTICE OR COMPETITION. A   student removed from or prevented from participating in an   interscholastic athletic practice or competition under Section   38.187 may not be permitted to practice or compete again until:                 (1)  the student has been evaluated by:                       (A)  a physician;                       (B)  a licensed health care professional; or                       (C)  a school nurse; and                 (2)     the evaluating health care provider has provided a   written statement indicating that, in the provider's professional   judgment, it is safe for the student to return to play.           Sec.   38.189.     TRAINING COURSES.   (a)   The league shall   approve for coaches of interscholastic athletic activities   training courses that provide for training in the subject matter of   sudden cardiac arrest, including prevention, warning signs and   symptoms, risks, and long-term effects.           (b)     A coach may not coach an interscholastic athletic   activity for a school year until the coach has completed a training   course approved under Subsection (a).           (c)     A coach must submit proof of timely completion of an   approved course in compliance with Subsection (b) to the school   district superintendent or the superintendent's designee or, in the   case of a charter school, a person who serves the function of a   superintendent or that person's designee.           Sec.   38.190.     INFORMATIONAL SHEET. (a) The agency shall   develop and make available to each school district and charter   school an informational sheet comprised of information consistent   with the information in the materials developed and posted under   Section 38.183.        &#xA [Text truncated for display. Full text available on Congress.gov.]