HB 2038 has passed both the House and Senate and is now only waiting for Governor Perry to sign it into law.  Governor Perry has said that he will sign the bill.  Once singed this legislation will officially be know as Tasha’s Law.  To read a copy of the final bill which was passed please Click Here.

History of SB 835.HB 2038

How was the task force formed?

Spanky Stephens asked the leadership of the Texas State Athletic Trainers Association to recommend members for this task force.
Who was on the task force?
Spanky Stephens, LAT
Bucky Taylor, LAT
Dennis Hart, LAT
Bill Schneider, LAT
Bette Beckworth, Brain Injury, Dept. of Heath Services
Dr. W. Neely, Neurosurgeon
Dr. T. Kingman, Neurosurgeon
Dr. Jim Sterling, MD, Concussion Specialist
Dr. H. Derman, Neurologist
Dr. J. Seals, MD, Neurologist
Dr. Summer Ott, PHD, Neuropsychologist
David Anderson, Hillco Partners
Michelle Smith, Hillco Partners

What is the history of writing the bill?

Chronology of the concussion bill writing process:
• Bucky Taylor and Dennis Hart met with Senator Bob Deuell to ask him to sponsor a concussion bill developed by athletic trainers.
• Spanky Stephens agreed to join the effort to produce a concussion bill in Texas.
• The task force met on September 1, in Austin to discuss the elements and philosophy of the bill.
• The task force met on October 1, in Austin to discuss the recommendations for the components of the bill, and we came to a consensus to the bills content.
• Spanky Stephens received the bill proposal on November 1, compiled by Dennis Hart and Bucky Taylor.
• On Dec. 21 the first draft of the concussion bill was received and distributed for review.
• On Dec. 27 Spanky Stephens and Dennis Hart met with David Anderson and Clint Smith, Hiilco partners to discuss draft revisions.
• On January 5 the bill draft was submitted for re-write to legislative council.
• On January 21 the revised bill draft was received.
• On January 30 the bill was discussed during the TSATA Board of Director’s Meeting
• On February 8, Spanky Stephens and David Anderson met with the Texas Association of School Administrators and The Texas Association of School Boards in Austin. The intent of the bill was discussed.
• On February 9 the revised bill was received for consideration
• On February 22 SB 835 was filed by Senator Bob Deuell, MD.
• On February 28 the TSATA leadership met with Dennis Hart and Spanky Stephens to work out the revisions of SB 835. These revisions came from leadership and members suggestions.

What did we want the bill to accomplish?

Considerations for the elements for the bill draft
• Bills introduced or passed in other states throughout the country.
• Identify physicians, athletic trainers, Physicians Assistants and Nurse Practitioners as the licensed health care professionals most qualified to manage concussion injuries with proper training/education.
• Most current best practices for concussion management.
• Education course for coaches on the recognition, management, and prevention of concussions, to be provided by the brain injury association free of charge.
• Physicians and Athletic trainers acquire continuing education in concussion management.
• The bill has no cost to the schools to implement.
• The Commissioner of Education can make Guidelines for Appropriate Athletic Healthcare

What is in the bill?

• The bill defines who the Licensed Health Care Professionals are that will participate in the development and implementation of the concussion oversight team in schools.
• The bill will require the UIL to provide a document, to be signed, to inform the students and parents of the dangers of sports concussions.
• The bill will mandate a Concussion Oversight Team chosen by each school district or charter school, headed by at least one physician with concussion management training.
• The bill requires students who are suspected of having sustained a concussion must to be removed from activity immediately.
• When the student athlete is suspected of suffering a concussion; the student athlete, parents or guardian, and other appropriate school employees must receive a written copy of the concussion oversight team’s protocol for the student’s return to play and practice.
• The athlete must be evaluated for the suspected concussion by a physician of his/her choosing.
• Upon completion of the school district’s concussion oversight team’s return to play protocol, the treating physician must sign a written statement indicating that, in their professional judgment, it is safe for the student to return to play.
• If the school district or charter school employs an athletic trainer, he/she is responsible for the compliance of the athlete with the return to play protocol.
• A coach of an interscholastic athletics team may not authorize a student’s return to play.
• 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 may not be a coach of an interscholastic athletics team.
• The bill establishes an education course for coaches. Continuing education requirements in concussion management for athletic trainers which can be met in the two year cycle. It is recommended that physicians take continuing education in concussion management, when serving on the concussion oversight team.
• The bill provides for immunity from liability for school districts or members of the concussion oversight team complying with this act.
• The bill will allow the Commissioner of Education to develop rules to implement the bill.
• There should be no fiscal impact in the next biennium attached to the implementation of the bill.