reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.033. Seizure Recognition and Related First Aid Training

Sec. 38.033.  SEIZURE RECOGNITION AND RELATED FIRST AID TRAINING.  (a)  A school nurse employed by a school district must complete an agency-approved online course of instruction for school nurses regarding managing students with seizure disorders that includes information about seizure recognition and related first aid.
(b)  A school district employee, other than a school nurse, whose duties at the school include regular contact with students must complete an agency-approved online course of instruction for school personnel regarding awareness of students with seizure disorders that includes information about seizure recognition and related first aid.
(c)  The agency may approve an online course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with epilepsy and seizure disorders to satisfy the training required under Subsection (a) or (b).  An online course of instruction approved by the agency under this subsection that is provided to a school district must be provided by the nonprofit entity free of charge.
(d)  The agency shall adopt rules as necessary to administer this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1039 (H.B. 684), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.034. School Health and Related Services Program; Eligibility for Audiology Services

Sec. 38.034.  SCHOOL HEALTH AND RELATED SERVICES PROGRAM; ELIGIBILITY FOR AUDIOLOGY SERVICES.  (a)  A child is eligible to receive audiology services provided under the school health and related services program if the child:
(1)  is 20 years of age or younger;
(2)  has a disability or chronic medical condition;
(3)  is eligible for Medicaid benefits; and
(4)  has been prescribed the services under:
(A)  an individualized education program created under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); or
(B)  a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).
(b)  The Health and Human Services Commission shall provide reimbursement to a provider under the school health and related services program for audiology services provided to a child who is eligible for the services under Subsection (a).
(c)  The executive commissioner of the Health and Human Services Commission, in consultation with the agency, shall adopt rules necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B. 706), Sec. 1, eff. September 1, 2019.
Redesignated from Education Code, Section 38.033 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(8), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.036. Trauma-Informed Care Policy

Sec. 38.036.  TRAUMA-INFORMED CARE POLICY.  (a)  Each school district shall adopt and implement a policy requiring the integration of trauma-informed practices in each school environment.  A district must include the policy in the district improvement plan required under Section 11.252.
(b)  A policy required by this section must address:
(1)  using resources developed by the agency, methods for:
(A)  increasing staff and parent awareness of trauma-informed care; and
(B)  implementation of trauma-informed practices and care by district and campus staff; and
(2)  available counseling options for students affected by trauma or grief.
(c)  The methods under Subsection (b)(1) for increasing awareness and implementation of trauma-informed care must include training as provided by this subsection.  The training must:
(1)  be provided:
(A)  through a program selected from the list of recommended best practice-based programs and research-based practices established under Section 38.351;
(B)  in accordance with the policy adopted under Section 21.4515; and
(C)  as part of any new employee orientation for all new school district educators; and
(2)  address how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.
(c-1)  The training under Subsection (c) may include two or more listed topics together.
(d)  For any training under Subsection (c), each school district shall maintain records that include the district staff members who participated in the training.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 24(11), eff. June 18, 2021.
(f)  If a school district determines that the district does not have sufficient resources to provide the training required under Subsection (c), the district may partner with a community mental health organization to provide training that meets the requirements of Subsection (c) at no cost to the district.
(g)  The commissioner shall adopt rules as necessary to administer this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 18, eff. June 6, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.012, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 19, eff. June 18, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 24(11), eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.040. Fentanyl Abuse Prevention and Drug Poisoning Awareness Education

Sec. 38.040.  FENTANYL ABUSE PREVENTION AND DRUG POISONING  AWARENESS EDUCATION.  (a)  Each school district shall annually provide research-based instruction related to fentanyl abuse prevention and drug poisoning awareness to students in grades 6 through 12.
(b)  The instruction required by this section must include:
(1)  suicide prevention;
(2)  prevention of the abuse of and addiction to fentanyl;
(3)  awareness of local school and community resources and any processes involved in accessing those resources; and
(4)  health education that includes information about substance use and abuse, including youth substance use and abuse.
(c)  The instruction required by this section may be provided by an entity or an employee or agent of an entity that is:
(1)  a public or private institution of higher education;
(2)  a library;
(3)  a community service organization;
(4)  a religious organization;
(5)  a local public health agency; or
(6)  an organization employing mental health professionals.
Added by Acts 2023, 88th Leg., R.S., Ch. 917 (H.B. 3908), Sec. 4, eff. June 17, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.051. Establishment of School-Based Health Centers

Sec. 38.051.  ESTABLISHMENT OF SCHOOL-BASED HEALTH CENTERS.  (a)  A school district in this state may, if the district identifies the need, design a model in accordance with this subchapter for the delivery of cooperative health care programs for students and their families and may compete for grants awarded under this subchapter. The model may provide for the delivery of conventional health services and disease prevention of emerging health threats that are specific to the district.
(b)  On the recommendation of an advisory council established under Section 38.058 or on the initiative of the board of trustees or the governing body of an open-enrollment charter school, a school district or open-enrollment charter school may establish a school-based health center at one or more campuses to meet the health care needs of students and their families.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.15, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.052. Contract for Services

Sec. 38.052.  CONTRACT FOR SERVICES.  A district may contract with a person to provide services at a school-based health center.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.053. Parental Consent Required

Sec. 38.053.  PARENTAL CONSENT REQUIRED.  (a)  A school-based health center may provide services to a student only if the district or the provider with whom the district contracts obtains the written consent of the student's parent or guardian or another person having legal control of the student on a consent form developed by the district or provider.  The student's parent or guardian or another person having legal control of the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.
(b)  The consent form must list every service the school-based health center delivers in a format that complies with all applicable state and federal laws and allows a person to consent to one or more categories of services.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.054. Categories of Services

Sec. 38.054.  CATEGORIES OF SERVICES.  The permissible categories of services are:
(1)  family and home support;
(2)  physical health care, including immunizations;
(3)  dental health care;
(4)  health education;
(5)  preventive health strategies;
(6)  treatment for mental health conditions; and
(7)  treatment for substance abuse.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.16, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.055. Use of Grant Funds for Reproductive Services Prohibited

Sec. 38.055.  USE OF GRANT FUNDS FOR REPRODUCTIVE SERVICES PROHIBITED.  Reproductive services, counseling, or referrals may not be provided through a school-based health center using grant funds awarded under this subchapter.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.056. Provision of Certain Services by Licensed Health Care Provider Required

Sec. 38.056.  PROVISION OF CERTAIN SERVICES BY LICENSED HEALTH CARE PROVIDER REQUIRED.  Any service provided using grant funds awarded under this subchapter must be provided by an appropriate professional who is properly licensed, certified, or otherwise authorized under state law to provide the service.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.057. Identification of Health-Related Concerns

Sec. 38.057.  IDENTIFICATION OF HEALTH-RELATED CONCERNS.  (a)  The staff of a school-based health center and the person whose consent is obtained under Section 38.053 shall jointly identify any health-related concerns of a student that may be interfering with the student's well-being or ability to succeed in school.
(b)  If it is determined that a student is in need of a referral for physical health services or mental health services, the staff of the center shall notify the person whose consent is required under Section 38.053 verbally and in writing of the basis for the referral.  The referral may not be provided unless the person provides written consent for the type of service to be provided and provides specific written consent for each treatment occasion or for a course of treatment that includes multiple treatment occasions of the same type of service.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.17, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.058. Health Education and Health Care Advisory Council

Sec. 38.058.  HEALTH EDUCATION AND HEALTH CARE ADVISORY COUNCIL.  (a)  The board of trustees of a school district or the governing body of an open-enrollment charter school may establish and appoint members to a local health education and health care advisory council to make recommendations to the district or school on the establishment of school-based health centers and to assist the district or school in ensuring that local community values are reflected in the operation of each center and in the provision of health education.
(b)  A majority of the members of the council must be parents of students enrolled in the school district or open-enrollment charter school.  In addition to the appointees who are parents of students, the board of trustees or governing body shall also appoint at least one person from each of the following groups:
(1)  classroom teachers;
(2)  school administrators;
(3)  school counselors;
(4)  health care professionals licensed or certified to practice in this state;
(5)  the clergy;
(6)  law enforcement;
(7)  the business community;
(8)  senior citizens; and
(9)  students.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.18, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.059. Assistance of Public Health Agency

Sec. 38.059.  ASSISTANCE OF PUBLIC HEALTH AGENCY.  (a)   A school district may seek assistance in establishing and operating a school-based health center from any public health agency in the community.  On request, a public health agency shall cooperate with a district and to the extent practicable, considering the resources of the agency, may provide assistance.
(b)  A district and a public health agency may, by agreement, jointly establish, operate, and fund a school-based health center.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.0591. Access to Mental Health Services

Sec. 38.0591.  ACCESS TO MENTAL HEALTH SERVICES.  The agency, in cooperation with the Health and Human Services Commission, shall develop guidelines for school districts regarding:
(1)  partnering with a local mental health authority and with community or other private mental health services providers and substance abuse services providers to increase student access to mental health services; and
(2)  obtaining mental health services through the medical assistance program under Chapter 32, Human Resources Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.19, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.060. Coordination With Existing Providers in Certain Areas

Sec. 38.060.  COORDINATION WITH EXISTING PROVIDERS IN CERTAIN AREAS.  (a)  This section applies only to a school-based health center serving an area that:
(1)  is located in a county with a population not greater than 50,000; or
(2)  has been designated under state or federal law as:
(A)  a health professional shortage area;
(B)  a medically underserved area; or
(C)  a medically underserved community by the Texas Department of Rural Affairs.
(b)  If a school-based health center is located in an area described by Subsection (a), the school district and the advisory council established under Section 38.058 shall make a good faith effort to identify and coordinate with existing providers to preserve and protect existing health care systems and medical relationships in the area.
(c)  The school district or open-enrollment charter school shall keep a record of efforts made to coordinate with existing providers.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 609, Sec. 7, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.006(f), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 2, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.20, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.061. Communication With Primary Care Physician

Sec. 38.061.  COMMUNICATION WITH PRIMARY CARE PHYSICIAN.  (a)  If a person receiving a medical service from a school-based health center has a primary care physician, the staff of the center shall provide notice of the service the person received to the primary care physician in order to allow the physician to maintain a complete medical history of the person.
(b)  The staff of a school-based health center shall, before delivering a medical service to a person with a primary care physician under the state Medicaid program, a state children's health plan program, or a private health insurance or health benefit plan, notify the physician for the purpose of sharing medical information and obtaining authorization for delivering the medical service.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter B. School-Based Health Centers › Section 38.062. Funding for Provision of Services

Sec. 38.062.  FUNDING FOR PROVISION OF SERVICES.  A school district or the provider with whom the district contracts shall seek all available sources of funding to compensate the district or provider for services provided by a school-based health center, including money available under the state Medicaid program, a state children's health plan program, or private health insurance or health benefit plans or available from those persons using a school-based health center who have the ability to pay for the services.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter C. Physical Fitness Assessment › Section 38.101. Assessment Required

Sec. 38.101.  ASSESSMENT REQUIRED.  (a)  Except as provided by Subsection (b), a school district annually shall assess the physical fitness of students enrolled in grade three or higher in a course that satisfies the curriculum requirements for physical education under Section 28.002(a)(2)(C).
(b)  A school district is not required to assess a student for whom, as a result of disability or other condition identified by commissioner rule, the assessment instrument adopted under Section 38.102 is inappropriate.
Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 17, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter C. Physical Fitness Assessment › Section 38.102. Adoption of Assessment Instrument

Sec. 38.102.  ADOPTION OF ASSESSMENT INSTRUMENT.  (a)  The commissioner by rule shall adopt an assessment instrument to be used by a school district in assessing student physical fitness under this subchapter.
(b)  The assessment instrument must:
(1)  be based on factors related to student health, including the following factors that have been identified as essential to overall health and function:
(A)  aerobic capacity;
(B)  body composition; and
(C)  muscular strength, endurance, and flexibility; and
(2)  include criterion-referenced standards specific to a student's age and gender and based on the physical fitness level required for good health.
Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter C. Physical Fitness Assessment › Section 38.103. Reporting of Physical Fitness Results

Sec. 38.103.  REPORTING OF PHYSICAL FITNESS RESULTS.  (a)  A school district shall provide the results of individual student performance on the physical fitness assessment required by this subchapter to the agency.  The results may not contain the names of individual students or teachers or a student's social security number or date of birth.
(b)  The results of individual student performance on the physical fitness assessment instrument are confidential and may be released only in accordance with state and federal law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 372 (S.B. 226), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 372 (S.B. 226), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter C. Physical Fitness Assessment › Section 38.104. Analysis of Results

Sec. 38.104.  ANALYSIS OF RESULTS.  (a)  The agency shall analyze the results received by the agency under this subchapter and identify, for each school district, any correlation between the results and the following:
(1)  student academic achievement levels;
(2)  student attendance levels;
(3)  student obesity;
(4)  student disciplinary problems; and
(5)  school meal programs.
(b)  The agency may contract with a public or private entity for that entity to conduct all or part of the analysis required by Subsection (a).
(c)  Not later than September 1 of each year, the agency shall report the findings of the analysis under this section of the results obtained during the preceding school year to the School Health Advisory Committee established under Section 1001.0711, Health and Safety Code, for use by the committee in:
(1)  assessing the effectiveness of coordinated health programs provided by school districts in accordance with Section 38.014; and
(2)  developing recommendations for modifications to coordinated health program requirements or related curriculum.
Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter C. Physical Fitness Assessment › Section 38.105. Donations

Sec. 38.105.  DONATIONS.  The agency and each school district may accept donations made to facilitate implementation of this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter C. Physical Fitness Assessment › Section 38.106. Rules

Sec. 38.106.  RULES.  The commissioner shall adopt rules necessary to implement this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.151. Definitions

Sec. 38.151.  DEFINITIONS.  In this subchapter:
(1)  "Advanced practice nurse" has the meaning assigned by Section 301.152, Occupations Code.
(2)  "Athletic trainer" has the meaning assigned by Section 451.001, Occupations Code.
(3)  "Coach" includes an assistant coach.
(4)  "Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may:
(A)  include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns; and
(B)  involve loss of consciousness.
(5)  "Licensed health care professional" means an advanced practice nurse, athletic trainer, neuropsychologist, or physician assistant, as those terms are defined by this section.
(6)  "Neuropsychologist" means a person who:
(A)  holds a license to engage in the practice of psychology issued under Section 501.252, Occupations Code; and
(B)  specializes in the practice of neuropsychology.
(7)  "Open-enrollment charter school" includes a school granted a charter under Subchapter E, Chapter 12.
(8)  "Physician" means a person who holds a license to practice medicine in this state.
(9)  "Physician assistant" means a person who holds a license issued under Chapter 204, Occupations Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.152. Applicability

Sec. 38.152.  APPLICABILITY.  This subchapter applies to an interscholastic athletic activity, including practice and competition, sponsored or sanctioned by:
(1)  a school district, including a home-rule school district, or a public school, including any school for which a charter has been granted under Chapter 12; or
(2)  the University Interscholastic League.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.153. Oversight of Concussions by School Districts and Charter Schools; Return-to-Play Protocol Development by Concussion Oversight Team

Sec. 38.153.  OVERSIGHT OF CONCUSSIONS BY SCHOOL DISTRICTS AND CHARTER SCHOOLS; RETURN-TO-PLAY PROTOCOL DEVELOPMENT BY CONCUSSION OVERSIGHT TEAM.  (a)  The governing body of each school district and open-enrollment charter school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team.
(b)  Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence, for a student's return to interscholastic athletics practice or competition following the force or impact believed to have caused a concussion.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.154. Concussion Oversight Team: Membership

Sec. 38.154.  CONCUSSION OVERSIGHT TEAM: MEMBERSHIP. (a)  Each concussion oversight team must include at least one physician and, to the greatest extent practicable, considering factors including the population of the metropolitan statistical area in which the school district or open-enrollment charter school is located, district or charter school student enrollment, and the availability of and access to licensed health care professionals in the district or charter school area, must also include one or more of the following:
(1)  an athletic trainer;
(2)  an advanced practice nurse;
(3)  a neuropsychologist; or
(4)  a physician assistant.
(a-1)  A school district or open-enrollment charter school may include any person licensed under Chapter 201 or 453, Occupations Code, as a member of the district or charter school concussion oversight team, provided that the person meets the training requirement under Subsection (c).
(b)  If a school district or open-enrollment charter school employs an athletic trainer, the athletic trainer must be a member of the district or charter school concussion oversight team.
(b-1)  If a school district or open-enrollment charter school employs a school nurse, the school nurse may be a member of the district or charter school concussion oversight team if requested by the school nurse.
(c)  Each member of the concussion oversight team must have had training in the evaluation, treatment, and oversight of concussions at the time of appointment or approval as a member of the team.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 365 (H.B. 961), Sec. 1, eff. June 2, 2019.
Acts 2023, 88th Leg., R.S., Ch. 490 (H.B. 1002), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.155. Required Annual Form Acknowledging Concussion Information

Sec. 38.155.  REQUIRED ANNUAL FORM ACKNOWLEDGING CONCUSSION INFORMATION.  A student may not participate in an interscholastic athletic activity for a school year until both the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion.  The form must be approved by the University Interscholastic League.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.156. Removal From Play in Practice or Competition Following Concussion

Sec. 38.156.  REMOVAL FROM PLAY IN PRACTICE OR COMPETITION FOLLOWING CONCUSSION.  A student shall be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:
(1)  a coach;
(2)  a physician;
(3)  a licensed health care professional;
(4)  a person licensed under Chapter 201 or 453, Occupations Code;
(5)  a school nurse; or
(6)  the student's parent or guardian or another person with legal authority to make medical decisions for the student.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 362 (H.B. 3024), Sec. 1, eff. June 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 365 (H.B. 961), Sec. 2, eff. June 2, 2019.
Acts 2023, 88th Leg., R.S., Ch. 490 (H.B. 1002), Sec. 2, eff. June 10, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.157. Return to Play in Practice or Competition

Sec. 38.157.  RETURN TO PLAY IN PRACTICE OR COMPETITION.  (a)  A student removed from an interscholastic athletics practice or competition under Section 38.156 may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until:
(1)  the student has been evaluated, using established medical protocols based on peer-reviewed scientific evidence, by a treating physician chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student;
(2)  the student has successfully completed each requirement of the return-to-play protocol established under Section 38.153 necessary for the student to return to play;
(3)  the treating physician has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play; and
(4)  the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student:
(A)  have acknowledged that the student has completed the requirements of the return-to-play protocol necessary for the student to return to play;
(B)  have provided the treating physician's written statement under Subdivision (3) to the person responsible for compliance with the return-to-play protocol under Subsection (c) and the person who has supervisory responsibilities under Subsection (c); and
(C)  have signed a consent form indicating that the person signing:
(i)  has been informed concerning and consents to the student participating in returning to play in accordance with the return-to-play protocol;
(ii)  understands the risks associated with the student returning to play and will comply with any ongoing requirements in the return-to-play protocol;
(iii)  consents to the disclosure to appropriate persons, consistent with the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), of the treating physician's written statement under Subdivision (3) and, if any, the return-to-play recommendations of the treating physician; and
(iv)  understands the immunity provisions under Section 38.159.
(b)  A coach of an interscholastic athletics team may not authorize a student's return to play.
(c)  The school district superintendent or the superintendent's designee or, in the case of a home-rule school district or open-enrollment charter school, the person who serves the function of superintendent or that person's designee shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol.  The person who has supervisory responsibilities under this subsection may not be a coach of an interscholastic athletics team.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.159. Immunity

Sec. 38.159.  IMMUNITY.  This subchapter does not:
(1)  waive any immunity from liability of a school district or open-enrollment charter school or of district or charter school officers or employees;
(2)  create any liability for a cause of action against a school district or open-enrollment charter school or against district or charter school officers or employees;
(3)  waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code; or
(4)  create any cause of action or liability for a member of a concussion oversight team arising from the injury or death of a student participating in an interscholastic athletics practice or competition, based on service or participation on the concussion oversight team.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes › Section 38.160. Rules

Sec. 38.160.  RULES.  The commissioner may adopt rules as necessary to administer this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.201. Definitions

Sec. 38.201.  DEFINITIONS.  In this subchapter:
(1)  "Advisory committee" means the committee established under Section 38.202.
(2)  "Anaphylaxis" means a sudden, severe, and potentially life-threatening allergic reaction that occurs when a person is exposed to an allergen.
(3)  "Epinephrine auto-injector" means a disposable medical drug delivery device that contains a premeasured single dose of epinephrine that is intended to be used to treat anaphylaxis.
(3-a) "Medication for respiratory distress" means albuterol, levalbuterol, or another medication designated by the executive commissioner of the Health and Human Services Commission for treatment of respiratory distress under Section 38.208(c).
(4)  "Physician" means a person who holds a license to practice medicine in this state.
(5)  "Private school" means a school that:
(A)  offers a course of instruction for students in one or more grades from prekindergarten through grade 12;
(B)  is not operated by a governmental entity; and
(C)  is not a school whose students meet the definition provided by Section 29.916(a)(1).
(6)  "School personnel" means an employee of a school district, open-enrollment charter school, or private school.  The term includes a member of the board of trustees of a school district or the governing body of an open-enrollment charter school or private school.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 1, eff. May 22, 2017.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 2, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.202. Advisory Committee: Establishment and Composition

Sec. 38.202.  ADVISORY COMMITTEE:  ESTABLISHMENT AND COMPOSITION.  (a)  The commissioner of state health services shall establish an advisory committee to examine and review the administration, on a campus of a school district, an open-enrollment charter school, a private school, or an institution of higher education, of:
(1)  epinephrine auto-injectors to a person experiencing an anaphylactic reaction; and
(2)  medication for respiratory distress to a person experiencing respiratory distress.
(b)  The advisory committee shall be composed of members appointed by the commissioner of state health services.  In making appointments, the commissioner shall ensure that:
(1)  a majority of the members are physicians with expertise in treating anaphylaxis, including physicians who specialize in the fields of pediatrics, allergies, asthma, and immunology;
(2)  at least one member is a registered nurse employed by a school district, open-enrollment charter school, or private school as a school nurse;
(3)  at least one member is an employee of a general academic teaching institution; and
(4)  at least one member is an employee of a public junior college or a public technical institute.
(c)  A member of the advisory committee serves at the pleasure of the commissioner of state health services.
(d)  A vacancy on the advisory committee is filled by the commissioner of state health services in the same manner as other appointments to the advisory committee.
(e)  In this section, "general academic teaching institution," "institution of higher education," "public junior college," and "public technical institute" have the meanings assigned by Section 61.003.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 2, eff. May 22, 2017.
Acts 2017, 85th Leg., R.S., Ch. 206 (S.B. 1367), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 3, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.203. Advisory Committee: Presiding Officer

Sec. 38.203.  ADVISORY COMMITTEE:  PRESIDING OFFICER.  The advisory committee shall elect a presiding officer.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.204. Advisory Committee: Compensation and Expenses

Sec. 38.204.  ADVISORY COMMITTEE:  COMPENSATION AND EXPENSES.  Members of the advisory committee serve without compensation but are entitled to reimbursement for travel expenses.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.205. Advisory Committee: Applicability of Other Law

Sec. 38.205.  ADVISORY COMMITTEE:  APPLICABILITY OF OTHER LAW.  Chapter 2110, Government Code, does not apply to the advisory committee.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.206. Advisory Committee: Open Meetings

Sec. 38.206.  ADVISORY COMMITTEE:  OPEN MEETINGS.  Meetings of the advisory committee are subject to Chapter 551, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.207. Advisory Committee: Duties

Sec. 38.207.  ADVISORY COMMITTEE: DUTIES.  The advisory committee shall advise the commissioner of state health services on:
(1)  the storage and maintenance of epinephrine auto-injectors and medication for respiratory distress on school campuses and campuses of institutions of higher education;
(2)  the training of school personnel and school volunteers, and of personnel and volunteers at institutions of higher education, in the administration of an epinephrine auto-injector;
(3) the training of school personnel and school volunteers, and of personnel and volunteers at institutions of higher education, in the administration of a medication for respiratory distress; and
(4)  a plan for:
(A)  one or more school personnel members or school volunteers trained in the administration of an epinephrine auto-injector to be on each school campus;
(B)  one or more school personnel members or school volunteers trained in the administration of medication for respiratory distress to be on each school campus;
(C)  one or more personnel members or volunteers of an institution of higher education trained in the administration of an epinephrine auto-injector to be on each campus of an institution of higher education; and
(D)  one or more personnel members or volunteers of an institution of higher education trained in the administration of medication for respiratory distress to be on each campus of an institution of higher education.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 206 (S.B. 1367), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 4, eff. May 24, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter E. Maintenance and Administration of Epinephrine Auto-Injectors and Medication for Respiratory Distress › Section 38.209. Report on Administering Epinephrine Auto-Injector

Sec. 38.209.  REPORT ON ADMINISTERING EPINEPHRINE AUTO-INJECTOR.
(a)  Not later than the 10th business day after the date a school personnel member or school volunteer administers an epinephrine auto-injector in accordance with a policy adopted under Section 38.208(a), the school shall report the information required under Subsection (b) to:
(1)  the school district, the charter holder if the school is an open-enrollment charter school, or the governing body of the school if the school is a private school;
(2)  the physician or other person who prescribed the epinephrine auto-injector; and
(3)  the commissioner of state health services.
(b)  The report required under this section must include the following information:
(1)  the age of the person who received the administration of the epinephrine auto-injector;
(2)  whether the person who received the administration of the epinephrine auto-injector was a student, a school personnel member or school volunteer, or a visitor;
(3)  the physical location where the epinephrine auto-injector was administered;
(4)  the number of doses of epinephrine auto-injector administered;
(5)  the title of the person who administered the epinephrine auto-injector; and
(6)  any other information required by the commissioner of education.
Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 4, eff. May 22, 2017.
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.10, eff. June 10, 2019.