Washington State was the first in the nation to legislatively address the protections needed by youth sports players from the dangers of concussions. Washington’s law was named the Zakery Lystedt Law and was signed by Washington’s governor in May of 2009. Soon after, many states began to follow suit. By June of 2010, twenty-six states, including Texas had written law to formalize the standard for such protections.
Former Governor Rick Perry signed house bill number 203 in 2010 and it was known from then on as Natasha’s Law, after Natasha Helmick. The Texas law was known as one of the most comprehensive and detailed in the nation. Texas implemented a Concussion Oversight Team requirement for “each school district or charter school participating in interscholastic sports.”[1] This team must consist of a physician and either an athletic trainer, an advanced practice nurse, a neuropsychologist, or a physician assistant.[2] This team must implement a “return-to-play protocol” and also must take a concussion education course at least once every other year.
Because of the growing competitiveness of high school sports, the awareness does not need to stop at the coaching and school staff. The students need to know the dangers of pushing themselves and need to be made more aware of their body’s limits. Because of this fact, the Texas law also requires parents and children to read and sign each year “acknowledging that they have received and read written information explaining concussion prevention, symptoms, treatment, and oversight, and that includes guidelines for safely resuming participation following a concussion.”[3]
Texas is one of only two states in the country (Arizona being the other) to give an athlete’s parent the right to remove their child from a game or practice due to the suspicion of a concussion.[4] That right is also afforded to a coach, a physician, or a licensed heath care professional.
The “return to play” provision of the law is where Texas continues to be the most detailed of the laws enacted so far. Under the Texas law, an athlete may not return to play, in practice or a game, if ALL of the following conditions are met:
- The student has been evaluated, using established medical protocols, by a physician of the student’s choice or by a parent;
- The student has successfully completed each requirement of the return-to-play protocol by the concussion oversight team;
- The physician has provided written confirmation, that in their medical opinion, that student is safe to return to play; and
- The student and the student’s parent or guardian has:
- Acknowledged that the student has completed the requirements to return to play
- Has provided the treating physician’s written statement to the person designated person responsible for compliance, but that person cannot be the coach; and
- Have a signed consent form indicated that
- They have been informed of and consents to the student participating in returning to play;
- They understand the risks associated with the student returning to play and will comply with any further return-to-play protocols required;
- They consent to the disclosure to appropriate persons, of the treating physician’s statement; and
- They understand the immunity provisions of the law.[5]
The immunity referenced in the parent waiver does not waive any immunity of a school or its officers or employees. It also does not create any liability for a cause of action against a school. Neither does this provision waive any immunity from liability under existing law or “create any cause of action or liability for a member of the concussion oversight team arising from the injury or death of a student participating in sports based on the service or participation on the concussion oversight team.”[6]
Because Texas has gone so far to ensure the safety of student athletes, schools and their staff have a higher duty. If you believe that your child was subjected to misuse of the rules and resulted damages, injuries, or death from that misuse, you should contact an attorney to see what remedies may be available to you.
Written by:
Lyndsey Mott
Approved by Francisco Guerra IV
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
[1] http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB02038F.pdf#navpanes=0
[2] id.
[3] id.
[4] http://www.momsteam.com/health-safety/youth-sport-concussion-safety-law-texas
[5] id.
[6] http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB02038F.pdf#navpanes=0
