101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2850

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-80

    Amends the School Code. With regard to the provision governing the concussion protocol during an interscholastic athletic activity, provides that the term "physician" includes a chiropractic physician licensed under the Medical Practice Act of 1987.


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A BILL FOR

 

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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 School Code is amended by changing Section
522-80 as follows:
 
6    (105 ILCS 5/22-80)
7    Sec. 22-80. Student athletes; concussions and head
8injuries.
9    (a) The General Assembly recognizes all of the following:
10        (1) Concussions are one of the most commonly reported
11    injuries in children and adolescents who participate in
12    sports and recreational activities. The Centers for
13    Disease Control and Prevention estimates that as many as
14    3,900,000 sports-related and recreation-related
15    concussions occur in the United States each year. A
16    concussion is caused by a blow or motion to the head or
17    body that causes the brain to move rapidly inside the
18    skull. The risk of catastrophic injuries or death is are
19    significant when a concussion or head injury is not
20    properly evaluated and managed.
21        (2) Concussions are a type of brain injury that can
22    range from mild to severe and can disrupt the way the brain
23    normally works. Concussions can occur in any organized or

 

 

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1    unorganized sport or recreational activity and can result
2    from a fall or from players colliding with each other, the
3    ground, or with obstacles. Concussions occur with or
4    without loss of consciousness, but the vast majority of
5    concussions occur without loss of consciousness.
6        (3) Continuing to play with a concussion or symptoms of
7    a head injury leaves a young athlete especially vulnerable
8    to greater injury and even death. The General Assembly
9    recognizes that, despite having generally recognized
10    return-to-play standards for concussions and head
11    injuries, some affected youth athletes are prematurely
12    returned to play, resulting in actual or potential physical
13    injury or death to youth athletes in this State.
14        (4) Student athletes who have sustained a concussion
15    may need informal or formal accommodations, modifications
16    of curriculum, and monitoring by medical or academic staff
17    until the student is fully recovered. To that end, all
18    schools are encouraged to establish a return-to-learn
19    protocol that is based on peer-reviewed scientific
20    evidence consistent with Centers for Disease Control and
21    Prevention guidelines and conduct baseline testing for
22    student athletes.
23    (b) In this Section:
24    "Athletic trainer" means an athletic trainer licensed
25under the Illinois Athletic Trainers Practice Act who is
26working under the supervision of a physician.

 

 

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1    "Coach" means any volunteer or employee of a school who is
2responsible for organizing and supervising students to teach
3them or train them in the fundamental skills of an
4interscholastic athletic activity. "Coach" refers to both head
5coaches and assistant coaches.
6    "Concussion" means a complex pathophysiological process
7affecting the brain caused by a traumatic physical force or
8impact to the head or body, which may include temporary or
9prolonged altered brain function resulting in physical,
10cognitive, or emotional symptoms or altered sleep patterns and
11which may or may not involve a loss of consciousness.
12    "Department" means the Department of Financial and
13Professional Regulation.
14    "Game official" means a person who officiates at an
15interscholastic athletic activity, such as a referee or umpire,
16including, but not limited to, persons enrolled as game
17officials by the Illinois High School Association or Illinois
18Elementary School Association.
19    "Interscholastic athletic activity" means any organized
20school-sponsored or school-sanctioned activity for students,
21generally outside of school instructional hours, under the
22direction of a coach, athletic director, or band leader,
23including, but not limited to, baseball, basketball,
24cheerleading, cross country track, fencing, field hockey,
25football, golf, gymnastics, ice hockey, lacrosse, marching
26band, rugby, soccer, skating, softball, swimming and diving,

 

 

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1tennis, track (indoor and outdoor), ultimate Frisbee,
2volleyball, water polo, and wrestling. All interscholastic
3athletics are deemed to be interscholastic activities.
4    "Licensed healthcare professional" means a person who has
5experience with concussion management and who is a nurse, a
6psychologist who holds a license under the Clinical
7Psychologist Licensing Act and specializes in the practice of
8neuropsychology, a physical therapist licensed under the
9Illinois Physical Therapy Act, an occupational therapist
10licensed under the Illinois Occupational Therapy Practice Act,
11a physician assistant, or an athletic trainer.
12    "Nurse" means a person who is employed by or volunteers at
13a school and is licensed under the Nurse Practice Act as a
14registered nurse, practical nurse, or advanced practice
15registered nurse.
16    "Physician" means a physician licensed to practice
17medicine in all of its branches under the Medical Practice Act
18of 1987 or a chiropractic physician licensed under the Medical
19Practice Act of 1987.
20    "Physician assistant" means a physician assistant licensed
21under the Physician Assistant Practice Act of 1987.
22    "School" means any public or private elementary or
23secondary school, including a charter school.
24    "Student" means an adolescent or child enrolled in a
25school.
26    (c) This Section applies to any interscholastic athletic

 

 

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1activity, including practice and competition, sponsored or
2sanctioned by a school, the Illinois Elementary School
3Association, or the Illinois High School Association. This
4Section applies beginning with the 2016-2017 school year.
5    (d) The governing body of each public or charter school and
6the appropriate administrative officer of a private school with
7students enrolled who participate in an interscholastic
8athletic activity shall appoint or approve a concussion
9oversight team. Each concussion oversight team shall establish
10a return-to-play protocol, based on peer-reviewed scientific
11evidence consistent with Centers for Disease Control and
12Prevention guidelines, for a student's return to
13interscholastic athletics practice or competition following a
14force or impact believed to have caused a concussion. Each
15concussion oversight team shall also establish a
16return-to-learn protocol, based on peer-reviewed scientific
17evidence consistent with Centers for Disease Control and
18Prevention guidelines, for a student's return to the classroom
19after that student is believed to have experienced a
20concussion, whether or not the concussion took place while the
21student was participating in an interscholastic athletic
22activity.
23    Each concussion oversight team must include to the extent
24practicable at least one physician. If a school employs an
25athletic trainer, the athletic trainer must be a member of the
26school concussion oversight team to the extent practicable. If

 

 

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1a school employs a nurse, the nurse must be a member of the
2school concussion oversight team to the extent practicable. At
3a minimum, a school shall appoint a person who is responsible
4for implementing and complying with the return-to-play and
5return-to-learn protocols adopted by the concussion oversight
6team. At a minimum, a concussion oversight team may be composed
7of only one person and this person need not be a licensed
8healthcare professional, but it may not be a coach. A school
9may appoint other licensed healthcare professionals to serve on
10the concussion oversight team.
11    (e) A student may not participate in an interscholastic
12athletic activity for a school year until the student and the
13student's parent or guardian or another person with legal
14authority to make medical decisions for the student have signed
15a form for that school year that acknowledges receiving and
16reading written information that explains concussion
17prevention, symptoms, treatment, and oversight and that
18includes guidelines for safely resuming participation in an
19athletic activity following a concussion. The form must be
20approved by the Illinois High School Association.
21    (f) A student must be removed from an interscholastic
22athletics practice or competition immediately if one of the
23following persons believes the student might have sustained a
24concussion during the practice or competition:
25        (1) a coach;
26        (2) a physician;

 

 

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

 

 

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

 

 

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1                (i) has been informed concerning and consents
2            to the student participating in returning to play
3            in accordance with the return-to-play and
4            return-to-learn protocols;
5                (ii) understands the risks associated with the
6            student returning to play and returning to learn
7            and will comply with any ongoing requirements in
8            the return-to-play and return-to-learn protocols;
9            and
10                (iii) consents to the disclosure to
11            appropriate persons, consistent with the federal
12            Health Insurance Portability and Accountability
13            Act of 1996 (Public Law 104-191), of the treating
14            physician's, athletic trainer's, physician
15            assistant's, or advanced practice registered
16            nurse's written statement under subdivision (4) of
17            this subsection (g) and, if any, the
18            return-to-play and return-to-learn recommendations
19            of the treating physician, the athletic trainer,
20            the physician assistant, or the advanced practice
21            registered nurse, as the case may be.
22    A coach of an interscholastic athletics team may not
23authorize a student's return to play or return to learn.
24    The district superintendent or the superintendent's
25designee in the case of a public elementary or secondary
26school, the chief school administrator or that person's

 

 

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1designee in the case of a charter school, or the appropriate
2administrative officer or that person's designee in the case of
3a private school shall supervise an athletic trainer or other
4person responsible for compliance with the return-to-play
5protocol and shall supervise the person responsible for
6compliance with the return-to-learn protocol. The person who
7has supervisory responsibilities under this paragraph may not
8be a coach of an interscholastic athletics team.
9    (h)(1) The Illinois High School Association shall approve,
10for coaches, game officials, and non-licensed healthcare
11professionals, training courses that provide for not less than
122 hours of training in the subject matter of concussions,
13including evaluation, prevention, symptoms, risks, and
14long-term effects. The Association shall maintain an updated
15list of individuals and organizations authorized by the
16Association to provide the training.
17    (2) The following persons must take a training course in
18accordance with paragraph (4) of this subsection (h) from an
19authorized training provider at least once every 2 years:
20        (A) a coach of an interscholastic athletic activity;
21        (B) a nurse, licensed healthcare professional, or
22    non-licensed healthcare professional who serves as a
23    member of a concussion oversight team either on a volunteer
24    basis or in his or her capacity as an employee,
25    representative, or agent of a school; and
26        (C) a game official of an interscholastic athletic

 

 

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1    activity.
2    (3) A physician who serves as a member of a concussion
3oversight team shall, to the greatest extent practicable,
4periodically take an appropriate continuing medical education
5course in the subject matter of concussions.
6    (4) For purposes of paragraph (2) of this subsection (h):
7        (A) a coach, game official, or non-licensed healthcare
8    professional, as the case may be, must take a course
9    described in paragraph (1) of this subsection (h);
10        (B) an athletic trainer must take a concussion-related
11    continuing education course from an athletic trainer
12    continuing education sponsor approved by the Department;
13        (C) a nurse must take a concussion-related continuing
14    education course from a nurse continuing education sponsor
15    approved by the Department;
16        (D) a physical therapist must take a
17    concussion-related continuing education course from a
18    physical therapist continuing education sponsor approved
19    by the Department;
20        (E) a psychologist must take a concussion-related
21    continuing education course from a psychologist continuing
22    education sponsor approved by the Department;
23        (F) an occupational therapist must take a
24    concussion-related continuing education course from an
25    occupational therapist continuing education sponsor
26    approved by the Department; and

 

 

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1        (G) a physician assistant must take a
2    concussion-related continuing education course from a
3    physician assistant continuing education sponsor approved
4    by the Department.
5    (5) Each person described in paragraph (2) of this
6subsection (h) must submit proof of timely completion of an
7approved course in compliance with paragraph (4) of this
8subsection (h) to the district superintendent or the
9superintendent's designee in the case of a public elementary or
10secondary school, the chief school administrator or that
11person's designee in the case of a charter school, or the
12appropriate administrative officer or that person's designee
13in the case of a private school.
14    (6) A physician, licensed healthcare professional, or
15non-licensed healthcare professional who is not in compliance
16with the training requirements under this subsection (h) may
17not serve on a concussion oversight team in any capacity.
18    (7) A person required under this subsection (h) to take a
19training course in the subject of concussions must complete the
20training prior to serving on a concussion oversight team in any
21capacity.
22    (i) The governing body of each public or charter school and
23the appropriate administrative officer of a private school with
24students enrolled who participate in an interscholastic
25athletic activity shall develop a school-specific emergency
26action plan for interscholastic athletic activities to address

 

 

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1the serious injuries and acute medical conditions in which the
2condition of the student may deteriorate rapidly. The plan
3shall include a delineation of roles, methods of communication,
4available emergency equipment, and access to and a plan for
5emergency transport. This emergency action plan must be:
6        (1) in writing;
7        (2) reviewed by the concussion oversight team;
8        (3) approved by the district superintendent or the
9    superintendent's designee in the case of a public
10    elementary or secondary school, the chief school
11    administrator or that person's designee in the case of a
12    charter school, or the appropriate administrative officer
13    or that person's designee in the case of a private school;
14        (4) distributed to all appropriate personnel;
15        (5) posted conspicuously at all venues utilized by the
16    school; and
17        (6) reviewed annually by all athletic trainers, first
18    responders, coaches, school nurses, athletic directors,
19    and volunteers for interscholastic athletic activities.
20    (j) The State Board of Education shall adopt rules as
21necessary to administer this Section, including, but not
22limited to, rules governing the informal or formal
23accommodation of a student who may have sustained a concussion
24during an interscholastic athletic activity.
25(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
2699-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.

 

 

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11-1-18; 100-747, eff. 1-1-19; 100-863, eff. 8-14-18; revised
29-28-18.)