100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2489

 

Introduced 1/31/2018, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2310/2310-307 new
105 ILCS 5/22-80

    Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall develop, publish, and disseminate a brochure to educate the general public on the effects of concussion in children and discuss how to look for concussion warning signs in children. The brochure shall be distributed free of charge by schools to any child or the parent or guardian of a child who may have sustained a concussion, regardless of whether or not the concussion occurred while the child was participating in an interscholastic athletic activity. Amends the School Code. Provides that, amongst other duties, the regional office of education (rather than the district superintendent or chief school administrator) of a public elementary or secondary school or charter school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play or return-to-learn concussion protocol established under the Code. Provides that the State Board of Education shall (rather than may) adopt rules governing concussion protocol under the Code, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2489LRB100 18030 AXK 33218 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-307 as follows:
 
7    (20 ILCS 2310/2310-307 new)
8    Sec. 2310-307. Concussion brochure. In this Section,
9"concussion" and "interscholastic athletic activity" have the
10meaning given to those terms under Section 22-80 of the School
11Code. The Department shall, subject to appropriation, develop,
12publish, and disseminate a brochure to educate the general
13public on the effects of concussions in children and discuss
14how to look for concussion warning signs in children,
15including, but not limited to, delays in the learning
16development of children. The brochure shall be distributed free
17of charge by schools to any child or the parent or guardian of
18a child who may have sustained a concussion, regardless of
19whether or not the concussion occurred while the child was
20participating in an interscholastic athletic activity.
 
21    Section 10. The School Code is amended by changing Section
2222-80 as follows:
 

 

 

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1    (105 ILCS 5/22-80)
2    Sec. 22-80. Student athletes; concussions and head
3injuries.
4    (a) The General Assembly recognizes all of the following:
5        (1) Concussions are one of the most commonly reported
6    injuries in children and adolescents who participate in
7    sports and recreational activities. The Centers for
8    Disease Control and Prevention estimates that as many as
9    3,900,000 sports-related and recreation-related
10    concussions occur in the United States each year. A
11    concussion is caused by a blow or motion to the head or
12    body that causes the brain to move rapidly inside the
13    skull. The risk of catastrophic injuries or death are
14    significant when a concussion or head injury is not
15    properly evaluated and managed.
16        (2) Concussions are a type of brain injury that can
17    range from mild to severe and can disrupt the way the brain
18    normally works. Concussions can occur in any organized or
19    unorganized sport or recreational activity and can result
20    from a fall or from players colliding with each other, the
21    ground, or with obstacles. Concussions occur with or
22    without loss of consciousness, but the vast majority of
23    concussions occur without loss of consciousness.
24        (3) Continuing to play with a concussion or symptoms of
25    a head injury leaves a young athlete especially vulnerable

 

 

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1    to greater injury and even death. The General Assembly
2    recognizes that, despite having generally recognized
3    return-to-play standards for concussions and head
4    injuries, some affected youth athletes are prematurely
5    returned to play, resulting in actual or potential physical
6    injury or death to youth athletes in this State.
7        (4) Student athletes who have sustained a concussion
8    may need informal or formal accommodations, modifications
9    of curriculum, and monitoring by medical or academic staff
10    until the student is fully recovered. To that end, all
11    schools are encouraged to establish a return-to-learn
12    protocol that is based on peer-reviewed scientific
13    evidence consistent with Centers for Disease Control and
14    Prevention guidelines and conduct baseline testing for
15    student athletes.
16    (b) In this Section:
17    "Athletic trainer" means an athletic trainer licensed
18under the Illinois Athletic Trainers Practice Act who is
19working under the supervision of a physician.
20    "Coach" means any volunteer or employee of a school who is
21responsible for organizing and supervising students to teach
22them or train them in the fundamental skills of an
23interscholastic athletic activity. "Coach" refers to both head
24coaches and assistant coaches.
25    "Concussion" means a complex pathophysiological process
26affecting the brain caused by a traumatic physical force or

 

 

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1impact to the head or body, which may include temporary or
2prolonged altered brain function resulting in physical,
3cognitive, or emotional symptoms or altered sleep patterns and
4which may or may not involve a loss of consciousness.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Game official" means a person who officiates at an
8interscholastic athletic activity, such as a referee or umpire,
9including, but not limited to, persons enrolled as game
10officials by the Illinois High School Association or Illinois
11Elementary School Association.
12    "Interscholastic athletic activity" means any organized
13school-sponsored or school-sanctioned activity for students,
14generally outside of school instructional hours, under the
15direction of a coach, athletic director, or band leader,
16including, but not limited to, baseball, basketball,
17cheerleading, cross country track, fencing, field hockey,
18football, golf, gymnastics, ice hockey, lacrosse, marching
19band, rugby, soccer, skating, softball, swimming and diving,
20tennis, track (indoor and outdoor), ultimate Frisbee,
21volleyball, water polo, and wrestling. All interscholastic
22athletics are deemed to be interscholastic activities.
23    "Licensed healthcare professional" means a person who has
24experience with concussion management and who is a nurse, a
25psychologist who holds a license under the Clinical
26Psychologist Licensing Act and specializes in the practice of

 

 

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1neuropsychology, a physical therapist licensed under the
2Illinois Physical Therapy Act, an occupational therapist
3licensed under the Illinois Occupational Therapy Practice Act,
4a physician assistant, or an athletic trainer.
5    "Nurse" means a person who is employed by or volunteers at
6a school and is licensed under the Nurse Practice Act as a
7registered nurse, practical nurse, or advanced practice
8registered nurse.
9    "Physician" means a physician licensed to practice
10medicine in all of its branches under the Medical Practice Act
11of 1987.
12    "Physician assistant" means a physician assistant licensed
13under the Physician Assistant Practice Act of 1987.
14    "School" means any public or private elementary or
15secondary school, including a charter school.
16    "Student" means an adolescent or child enrolled in a
17school.
18    (c) This Section applies to any interscholastic athletic
19activity, including practice and competition, sponsored or
20sanctioned by a school, the Illinois Elementary School
21Association, or the Illinois High School Association. This
22Section applies beginning with the 2016-2017 school year.
23    (d) The governing body of each public or charter school and
24the appropriate administrative officer of a private school with
25students enrolled who participate in an interscholastic
26athletic activity shall appoint or approve a concussion

 

 

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1oversight team. Each concussion oversight team shall establish
2a return-to-play protocol, based on peer-reviewed scientific
3evidence consistent with Centers for Disease Control and
4Prevention guidelines, for a student's return to
5interscholastic athletics practice or competition following a
6force or impact believed to have caused a concussion. Each
7concussion oversight team shall also establish a
8return-to-learn protocol, based on peer-reviewed scientific
9evidence consistent with Centers for Disease Control and
10Prevention guidelines, for a student's return to the classroom
11after that student is believed to have experienced a
12concussion, whether or not the concussion took place while the
13student was participating in an interscholastic athletic
14activity.
15    Each concussion oversight team must include to the extent
16practicable at least one physician. If a school employs an
17athletic trainer, the athletic trainer must be a member of the
18school concussion oversight team to the extent practicable. If
19a school employs a nurse, the nurse must be a member of the
20school concussion oversight team to the extent practicable. At
21a minimum, a school shall appoint a person who is responsible
22for implementing and complying with the return-to-play and
23return-to-learn protocols adopted by the concussion oversight
24team. At a minimum, a concussion oversight team may be composed
25of only one person and this person need not be a licensed
26healthcare professional, but it may not be a coach. A school

 

 

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1may appoint other licensed healthcare professionals to serve on
2the concussion oversight team.
3    (e) A student may not participate in an interscholastic
4athletic activity for a school year until the student and the
5student's parent or guardian or another person with legal
6authority to make medical decisions for the student have signed
7a form for that school year that acknowledges receiving and
8reading written information that explains concussion
9prevention, symptoms, treatment, and oversight and that
10includes guidelines for safely resuming participation in an
11athletic activity following a concussion. The form must be
12approved by the Illinois High School Association.
13    (f) A student must be removed from an interscholastic
14athletics practice or competition immediately if one of the
15following persons believes the student might have sustained a
16concussion during the practice or competition:
17        (1) a coach;
18        (2) a physician;
19        (3) a game official;
20        (4) an athletic trainer;
21        (5) the student's parent or guardian or another person
22    with legal authority to make medical decisions for the
23    student;
24        (6) the student; or
25        (7) any other person deemed appropriate under the
26    school's return-to-play protocol.

 

 

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1    (g) A student removed from an interscholastic athletics
2practice or competition under this Section may not be permitted
3to practice or compete again following the force or impact
4believed to have caused the concussion until:
5        (1) the student has been evaluated, using established
6    medical protocols based on peer-reviewed scientific
7    evidence consistent with Centers for Disease Control and
8    Prevention guidelines, by a treating physician (chosen by
9    the student or the student's parent or guardian or another
10    person with legal authority to make medical decisions for
11    the student), an athletic trainer, an advanced practice
12    registered nurse, or a physician assistant;
13        (2) the student has successfully completed each
14    requirement of the return-to-play protocol established
15    under this Section necessary for the student to return to
16    play;
17        (3) the student has successfully completed each
18    requirement of the return-to-learn protocol established
19    under this Section necessary for the student to return to
20    learn;
21        (4) the treating physician, the athletic trainer, or
22    the physician assistant has provided a written statement
23    indicating that, in the physician's professional judgment,
24    it is safe for the student to return to play and return to
25    learn or the treating advanced practice registered nurse
26    has provided a written statement indicating that it is safe

 

 

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1    for the student to return to play and return to learn; and
2        (5) the student and the student's parent or guardian or
3    another person with legal authority to make medical
4    decisions for the student:
5            (A) have acknowledged that the student has
6        completed the requirements of the return-to-play and
7        return-to-learn protocols necessary for the student to
8        return to play;
9            (B) have provided the treating physician's,
10        athletic trainer's, advanced practice registered
11        nurse's, or physician assistant's written statement
12        under subdivision (4) of this subsection (g) to the
13        person responsible for compliance with the
14        return-to-play and return-to-learn protocols under
15        this subsection (g) and the person who has supervisory
16        responsibilities under this subsection (g); and
17            (C) have signed a consent form indicating that the
18        person signing:
19                (i) has been informed concerning and consents
20            to the student participating in returning to play
21            in accordance with the return-to-play and
22            return-to-learn protocols;
23                (ii) understands the risks associated with the
24            student returning to play and returning to learn
25            and will comply with any ongoing requirements in
26            the return-to-play and return-to-learn protocols;

 

 

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1            and
2                (iii) consents to the disclosure to
3            appropriate persons, consistent with the federal
4            Health Insurance Portability and Accountability
5            Act of 1996 (Public Law 104-191), of the treating
6            physician's, athletic trainer's, physician
7            assistant's, or advanced practice registered
8            nurse's written statement under subdivision (4) of
9            this subsection (g) and, if any, the
10            return-to-play and return-to-learn recommendations
11            of the treating physician, the athletic trainer,
12            the physician assistant, or the advanced practice
13            registered nurse, as the case may be.
14    A coach of an interscholastic athletics team may not
15authorize a student's return to play or return to learn.
16    The regional office of education or its designee in the
17case of a public elementary or secondary school or charter
18school district superintendent or the superintendent's
19designee in the case of a public elementary or secondary
20school, the chief school administrator or that person's
21designee in the case of a charter school, or the appropriate
22administrative officer or that person's designee in the case of
23a private school shall supervise an athletic trainer or other
24person responsible for compliance with the return-to-play
25protocol and shall supervise the person responsible for
26compliance with the return-to-learn protocol. The person who

 

 

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1has supervisory responsibilities under this paragraph may not
2be a coach of an interscholastic athletics team.
3    (h)(1) The Illinois High School Association shall approve,
4for coaches, game officials, and non-licensed healthcare
5professionals, training courses that provide for not less than
62 hours of training in the subject matter of concussions,
7including evaluation, prevention, symptoms, risks, and
8long-term effects. The Association shall maintain an updated
9list of individuals and organizations authorized by the
10Association to provide the training.
11    (2) The following persons must take a training course in
12accordance with paragraph (4) of this subsection (h) from an
13authorized training provider at least once every 2 years:
14        (A) a coach of an interscholastic athletic activity;
15        (B) a nurse, licensed healthcare professional, or
16    non-licensed healthcare professional who serves as a
17    member of a concussion oversight team either on a volunteer
18    basis or in his or her capacity as an employee,
19    representative, or agent of a school; and
20        (C) a game official of an interscholastic athletic
21    activity.
22    (3) A physician who serves as a member of a concussion
23oversight team shall, to the greatest extent practicable,
24periodically take an appropriate continuing medical education
25course in the subject matter of concussions.
26    (4) For purposes of paragraph (2) of this subsection (h):

 

 

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1        (A) a coach, game official, or non-licensed healthcare
2    professional, as the case may be, must take a course
3    described in paragraph (1) of this subsection (h);
4        (B) an athletic trainer must take a concussion-related
5    continuing education course from an athletic trainer
6    continuing education sponsor approved by the Department;
7        (C) a nurse must take a concussion-related continuing
8    education course from a nurse continuing education sponsor
9    approved by the Department;
10        (D) a physical therapist must take a
11    concussion-related continuing education course from a
12    physical therapist continuing education sponsor approved
13    by the Department;
14        (E) a psychologist must take a concussion-related
15    continuing education course from a psychologist continuing
16    education sponsor approved by the Department;
17        (F) an occupational therapist must take a
18    concussion-related continuing education course from an
19    occupational therapist continuing education sponsor
20    approved by the Department; and
21        (G) a physician assistant must take a
22    concussion-related continuing education course from a
23    physician assistant continuing education sponsor approved
24    by the Department.
25    (5) Each person described in paragraph (2) of this
26subsection (h) must submit proof of timely completion of an

 

 

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1approved course in compliance with paragraph (4) of this
2subsection (h) to the regional office of education or its
3designee in the case of a public elementary or secondary school
4or charter school district superintendent or the
5superintendent's designee in the case of a public elementary or
6secondary school, the chief school administrator or that
7person's designee in the case of a charter school, or the
8appropriate administrative officer or that person's designee
9in the case of a private school.
10    (6) A physician, licensed healthcare professional, or
11non-licensed healthcare professional who is not in compliance
12with the training requirements under this subsection (h) may
13not serve on a concussion oversight team in any capacity.
14    (7) A person required under this subsection (h) to take a
15training course in the subject of concussions must complete the
16training prior to serving on a concussion oversight team in any
17capacity.
18    (i) The governing body of each public or charter school and
19the appropriate administrative officer of a private school with
20students enrolled who participate in an interscholastic
21athletic activity shall develop a school-specific emergency
22action plan for interscholastic athletic activities to address
23the serious injuries and acute medical conditions in which the
24condition of the student may deteriorate rapidly. The plan
25shall include a delineation of roles, methods of communication,
26available emergency equipment, and access to and a plan for

 

 

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1emergency transport. This emergency action plan must be:
2        (1) in writing;
3        (2) reviewed by the concussion oversight team;
4        (3) approved by the regional office of education or its
5    designee in the case of a public elementary or secondary
6    school or charter school district superintendent or the
7    superintendent's designee in the case of a public
8    elementary or secondary school, the chief school
9    administrator or that person's designee in the case of a
10    charter school, or the appropriate administrative officer
11    or that person's designee in the case of a private school;
12        (4) distributed to all appropriate personnel;
13        (5) posted conspicuously at all venues utilized by the
14    school; and
15        (6) reviewed annually by all athletic trainers, first
16    responders, coaches, school nurses, athletic directors,
17    and volunteers for interscholastic athletic activities.
18    (j) The State Board of Education shall may adopt rules as
19necessary to administer this Section, including, but not
20limited to, rules governing the informal or formal
21accommodation of a student who may have sustained a concussion
22during an interscholastic athletic activity.
23(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
2499-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.
251-1-18; revised 9-22-17.)