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House Bill 2038
New concussion legislation was passed 9/1/11.
House Bill 2038 can be reviewed in it’s entirely at:
http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=HB2038
The following is a summary of House Bill 2038
and the major elements for compliance. The bill:
1.
Identifies and defines
the licensed health care professionals, including athletic trainers, who are
qualified to care for students suffering from concussion.
2.
Requires parents and
students to sign an acknowledgement form that contains information about
concussions and the effects of concussive injuries.
3.
Specifies immediate removal of student athletes
suspected of suffering from a concussion. The student athlete suspected of
suffering a concussion must be evaluated by a physician of his/her choosing and
given written clearance for his/her return to play.
4.
Requires parents to
sign:
(1)
a disclosure form that
complies with the Health Insurance Portability Act of 1996 and the Family
Educational Right to Privacy Act of 1974 to allow disclosure of return to play
information and recommendations of the treating physician.
(2)
a parental consent and
information form regarding the return to play protocol for the treating
physician,
(3)
a parental verification
form stating the student athlete has participated in the required steps outlined
in the school district's return to play protocol,
(4)
a parent information
sheet outlining the immunity provisions included in the bill.
5.
Directs school
districts to establish a physician-led concussion oversight team responsible for
the development of a return to play protocol to be a minimum standard for
student athletes suffering from concussions. The members of this team must have
documented concussion management training by September 1, 2012.
It is recommended that you develop this protocol, and locate a physician
who will serve as the concussion oversight team leader for your school district.
6.
Establishes
an education requirement for coaches, continuing education requirements for
athletic trainers, and recommended continuing education expectations for
physicians serving on the concussion oversight team.
There will be more information on these education requirements for
coaches coming from the Texas Education Agency. Athletic trainers will need
documentation of two hours of concussion management education every two years.
Any Advisory Board approved CEU Symposium that has specific concussion
management sections will meet these requirements.
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