Concussions in Youth Athletes - Texas
Governor Perry signed HB 2038 into law on June, 17, 2011. This law can be found at sections 38.151 through 38.160 of the Texas Code. (Tex. Educ. Code Ann. §§ 38.151 through 38.160)
These sections are applicable to interscholastic activity and require that school districts: appoint concussion oversight teams to establish return-to-play protocols; require that students may not participate in an activity during a school year until their parent/guardian signs and returns a form acknowledging receipt of concussion information; and requires a student be immediately removed from the activity if they are suspected of sustaining a concussion. The student may not return to play until evaluated by a medical professional, has completed return-to-play protocols, has written clearance from the medical provider and the parent has signed a consent form allowing them to return to play. A coach may not authorize a student’s return to play. Coaches are also required to get concussion training once every two years.
Sections 38.151 through 38.160 are available on online at:
http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.38.htm (control /find and search for concussion)
On March 8, 2013, HB 3530 was introduced and in its present form would amend §38.1515(1) and (5) by defining chiropractor and identify chiropractor as a licensed health care provider. HB would also amend §38.154(a) to include chiropractor as a potential concussion oversight team member. The bill was referred to the House Education Committee on March 20, 2013
SB 1301 was introduced on March 7, referred to the Senate Education Committee on March 13, 2013, and seeks to amend § 38.152. If enacted this amendment would not substantively change the current law. As proposed, the legislation would extend the existing law to a home-rule school district or public school and would include any school for which a license has been granted.
The text of HB 3530 can be viewed online at:
The text of SB 1301 can be viewed online at: