Outline of the state of Texas
State
Texas
Addressed

Category
Concussion Head Injuries

Category
Concussion Head Injuries

State law addresses concussions/return to play.

Texas Education Code Sec. 38.153. OVERSIGHT OF CONCUSSIONS BY SCHOOL DISTRICTS AND CHARTER SCHOOLS; RETURN-TO-PLAY PROTOCOL DEVELOPMENT BY 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.

Policy Type
Statute

Texas Education Code 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, Occupations Code; or
  • (5) the student’s parent or guardian or another person with legal authority to make medical decisions for the student.
Policy Type
Statute

Texas Education Code 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.

Policy Type
Statute