Cody’s Law: yearly heart screenings for student athletes

The text as introduced · 1,530 words

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.

(b) A school district or charter school shall provide a copy

of the informational sheet developed under Subsection (a) to each

newly hired teacher, school nurse, and coach.

Sec. 38.191. IMMUNITY. This subchapter does not:

(1) waive any immunity from liability of a school

district or charter school or of district or school officers or

employees;

(2) create any liability for a cause of action against

a school district or charter school or against district or charter

school officers or employees; or

(3) waive any immunity from liability under Section

74.151, Civil Practice and Remedies Code.

Sec. 38.192. RULES. The commissioner and the league may

adopt rules as necessary to administer this subchapter.

SECTION 3. Section 33.096, Education Code, is repealed.

SECTION 4. Subchapter D-1, Chapter 38, Education Code, as

added by this Act, applies beginning with the 2025-2026 school

year.

SECTION 5. Notwithstanding Section 38.189, Education Code,

as added by this Act, a coach required under that section to take a

training course in the subject of sudden cardiac arrest must

initially complete the training course not later than September 1,

2026.

SECTION 6. This Act takes effect June 1, 2025, if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for effect on that

date, this Act takes effect September 1, 2025.