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Full Text of SB1692  100th General Assembly




SB1692 EnrolledLRB100 09724 NHT 19893 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 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
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 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 nurse.
15    "Physician" means a physician licensed to practice
16medicine in all of its branches under the Medical Practice Act
17of 1987.
18    "Physician assistant" means a physician assistant licensed
19under the Physician Assistant Practice Act of 1987.
20    "School" means any public or private elementary or
21secondary school, including a charter school.
22    "Student" means an adolescent or child enrolled in a
24    (c) This Section applies to any interscholastic athletic
25activity, including practice and competition, sponsored or
26sanctioned by a school, the Illinois Elementary School



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



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



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



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1    learn;
2        (4) the treating physician, the or athletic trainer, or
3    the physician assistant working under the supervision of a
4    physician has provided a written statement indicating
5    that, in the physician's professional judgment, it is safe
6    for the student to return to play and return to learn or
7    the treating advanced practice nurse has provided a written
8    statement indicating that it is safe for the student to
9    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, or
18        athletic trainer's, advanced practice nurse's, or
19        physician assistant's written statement under
20        subdivision (4) of this subsection (g) to the person
21        responsible for compliance with the return-to-play and
22        return-to-learn protocols under this subsection (g)
23        and the person who has supervisory responsibilities
24        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, or athletic trainer's, physician
15            assistant's, or advanced practice nurse's written
16            statement under subdivision (4) of this subsection
17            (g) and, if any, the return-to-play and
18            return-to-learn recommendations of the treating
19            physician, or the athletic trainer, the physician
20            assistant, or the advanced practice nurse, as the
21            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, and game officials, and non-licensed healthcare
11professionals of interscholastic athletic activities, training
12courses that provide for not less than 2 hours of training in
13the subject matter of concussions, including evaluation,
14prevention, symptoms, risks, and long-term effects. The
15Association shall maintain an updated list of individuals and
16organizations authorized by the Association to provide the
18    (2) The following persons must take a training course in
19accordance with paragraph (4) of this subsection (h) from an
20authorized training provider at least once every 2 years:
21        (A) a coach of an interscholastic athletic activity;
22        (B) a nurse, licensed healthcare professional, or
23    non-licensed healthcare professional who serves as a
24    member of a concussion oversight team either on a volunteer
25    basis or in his or her capacity as and is an employee,
26    representative, or agent of a school; and



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



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1    continuing education course from a psychologist continuing
2    education sponsor approved by the Department;
3        (F) an occupational therapist must take a
4    concussion-related continuing education course from an
5    occupational therapist continuing education sponsor
6    approved by the Department; and
7        (G) a physician assistant must take a
8    concussion-related continuing education course from a
9    physician assistant continuing education sponsor approved
10    by the Department.
11    (5) Each person described in paragraph (2) of this
12subsection (h) must submit proof of timely completion of an
13approved course in compliance with paragraph (4) of this
14subsection (h) to the district superintendent or the
15superintendent's designee in the case of a public elementary or
16secondary school, the chief school administrator or that
17person's designee in the case of a charter school, or the
18appropriate administrative officer or that person's designee
19in the case of a private school.
20    (6) A physician, licensed healthcare professional, or
21non-licensed healthcare professional athletic trainer, or
22nurse who is not in compliance with the training requirements
23under this subsection (h) may not serve on a concussion
24oversight team in any capacity.
25    (7) A person required under this subsection (h) to take a
26training course in the subject of concussions must initially



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1complete the training prior to serving on a concussion
2oversight team in any capacity not later than September 1,
4    (i) The governing body of each public or charter school and
5the appropriate administrative officer of a private school with
6students enrolled who participate in an interscholastic
7athletic activity shall develop a school-specific emergency
8action plan for interscholastic athletic activities to address
9the serious injuries and acute medical conditions in which the
10condition of the student may deteriorate rapidly. The plan
11shall include a delineation of roles, methods of communication,
12available emergency equipment, and access to and a plan for
13emergency transport. This emergency action plan must be:
14        (1) in writing;
15        (2) reviewed by the concussion oversight team;
16        (3) approved by the district superintendent or the
17    superintendent's designee in the case of a public
18    elementary or secondary school, the chief school
19    administrator or that person's designee in the case of a
20    charter school, or the appropriate administrative officer
21    or that person's designee in the case of a private school;
22        (4) distributed to all appropriate personnel;
23        (5) posted conspicuously at all venues utilized by the
24    school; and
25        (6) reviewed annually by all athletic trainers, first
26    responders, coaches, school nurses, athletic directors,



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1    and volunteers for interscholastic athletic activities.
2    (j) The State Board of Education may adopt rules as
3necessary to administer this Section.
4(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
599-642, eff. 7-28-16.)
6    Section 99. Effective date. This Act takes effect September
71, 2017.