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Full Text of SB1692  100th General Assembly

SB1692sam001 100TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/25/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1692

2    AMENDMENT NO. ______. Amend Senate Bill 1692 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    body that causes the brain to move rapidly inside the
2    skull. The risk of catastrophic injuries or death are
3    significant when a concussion or head injury is not
4    properly evaluated and managed.
5        (2) Concussions are a type of brain injury that can
6    range from mild to severe and can disrupt the way the brain
7    normally works. Concussions can occur in any organized or
8    unorganized sport or recreational activity and can result
9    from a fall or from players colliding with each other, the
10    ground, or with obstacles. Concussions occur with or
11    without loss of consciousness, but the vast majority of
12    concussions occur without loss of consciousness.
13        (3) Continuing to play with a concussion or symptoms of
14    a head injury leaves a young athlete especially vulnerable
15    to greater injury and even death. The General Assembly
16    recognizes that, despite having generally recognized
17    return-to-play standards for concussions and head
18    injuries, some affected youth athletes are prematurely
19    returned to play, resulting in actual or potential physical
20    injury or death to youth athletes in this State.
21        (4) Student athletes who have sustained a concussion
22    may need informal or formal accommodations, modifications
23    of curriculum, and monitoring by medical or academic staff
24    until the student is fully recovered. To that end, all
25    schools are encouraged to establish a return-to-learn
26    protocol that is based on peer-reviewed scientific

 

 

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1    evidence consistent with Centers for Disease Control and
2    Prevention guidelines and conduct baseline testing for
3    student athletes.
4    (b) In this Section:
5    "Athletic trainer" means an athletic trainer licensed
6under the Illinois Athletic Trainers Practice Act who is
7working under the supervision of a physician.
8    "Coach" means any volunteer or employee of a school who is
9responsible for organizing and supervising students to teach
10them or train them in the fundamental skills of an
11interscholastic athletic activity. "Coach" refers to both head
12coaches and assistant coaches.
13    "Concussion" means a complex pathophysiological process
14affecting the brain caused by a traumatic physical force or
15impact to the head or body, which may include temporary or
16prolonged altered brain function resulting in physical,
17cognitive, or emotional symptoms or altered sleep patterns and
18which may or may not involve a loss of consciousness.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Game official" means a person who officiates at an
22interscholastic athletic activity, such as a referee or umpire,
23including, but not limited to, persons enrolled as game
24officials by the Illinois High School Association or Illinois
25Elementary School Association.
26    "Interscholastic athletic activity" means any organized

 

 

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1school-sponsored or school-sanctioned activity for students,
2generally outside of school instructional hours, under the
3direction of a coach, athletic director, or band leader,
4including, but not limited to, baseball, basketball,
5cheerleading, cross country track, fencing, field hockey,
6football, golf, gymnastics, ice hockey, lacrosse, marching
7band, rugby, soccer, skating, softball, swimming and diving,
8tennis, track (indoor and outdoor), ultimate Frisbee,
9volleyball, water polo, and wrestling. All interscholastic
10athletics are deemed to be interscholastic activities.
11    "Licensed healthcare professional" means a person who has
12experience with concussion management and who is a nurse, a
13psychologist who holds a license under the Clinical
14Psychologist Licensing Act and specializes in the practice of
15neuropsychology, a physical therapist licensed under the
16Illinois Physical Therapy Act, an occupational therapist
17licensed under the Illinois Occupational Therapy Practice Act,
18a physician assistant, or an athletic trainer.
19    "Nurse" means a person who is employed by or volunteers at
20a school and is licensed under the Nurse Practice Act as a
21registered nurse, practical nurse, or advanced practice nurse.
22    "Physician" means a physician licensed to practice
23medicine in all of its branches under the Medical Practice Act
24of 1987.
25    "Physician assistant" means a physician assistant licensed
26under the Physician Assistant Practice Act of 1987.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        subdivision (4) of this subsection (g) to the person
2        responsible for compliance with the return-to-play and
3        return-to-learn protocols under this subsection (g)
4        and the person who has supervisory responsibilities
5        under this subsection (g); and
6            (C) have signed a consent form indicating that the
7        person signing:
8                (i) has been informed concerning and consents
9            to the student participating in returning to play
10            in accordance with the return-to-play and
11            return-to-learn protocols;
12                (ii) understands the risks associated with the
13            student returning to play and returning to learn
14            and will comply with any ongoing requirements in
15            the return-to-play and return-to-learn protocols;
16            and
17                (iii) consents to the disclosure to
18            appropriate persons, consistent with the federal
19            Health Insurance Portability and Accountability
20            Act of 1996 (Public Law 104-191), of the treating
21            physician's, or athletic trainer's, physician
22            assistant's, or advanced practice nurse's written
23            statement under subdivision (4) of this subsection
24            (g) and, if any, the return-to-play and
25            return-to-learn recommendations of the treating
26            physician, or the athletic trainer, the physician

 

 

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1            assistant, or the advanced practice nurse, as the
2            case may be.
3    A coach of an interscholastic athletics team may not
4authorize a student's return to play or return to learn.
5    The district superintendent or the superintendent's
6designee in the case of a public elementary or secondary
7school, the chief school administrator or that person's
8designee in the case of a charter school, or the appropriate
9administrative officer or that person's designee in the case of
10a private school shall supervise an athletic trainer or other
11person responsible for compliance with the return-to-play
12protocol and shall supervise the person responsible for
13compliance with the return-to-learn protocol. The person who
14has supervisory responsibilities under this paragraph may not
15be a coach of an interscholastic athletics team.
16    (h)(1) The Illinois High School Association shall approve,
17for coaches, and game officials, and non-licensed healthcare
18professionals of interscholastic athletic activities, training
19courses that provide for not less than 2 hours of training in
20the subject matter of concussions, including evaluation,
21prevention, symptoms, risks, and long-term effects. The
22Association shall maintain an updated list of individuals and
23organizations authorized by the Association to provide the
24training.
25    (2) The following persons must take a training course in
26accordance with paragraph (4) of this subsection (h) from an

 

 

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

 

 

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1    of concussions that has been approved for continuing
2    education sponsor approved credit by the Department; .
3        (D) a physical therapist must take a
4    concussion-related continuing education course from a
5    physical therapist continuing education sponsor approved
6    by the Department;
7        (E) a psychologist must take a concussion-related
8    continuing education course from a psychologist continuing
9    education sponsor approved by the Department;
10        (F) an occupational therapist must take a
11    concussion-related continuing education course from an
12    occupational therapist continuing education sponsor
13    approved by the Department; and
14        (G) a physician assistant must take a
15    concussion-related continuing education course from a
16    physician assistant continuing education sponsor approved
17    by the Department.
18    (5) Each person described in paragraph (2) of this
19subsection (h) must submit proof of timely completion of an
20approved course in compliance with paragraph (4) of this
21subsection (h) to the district superintendent or the
22superintendent's designee in the case of a public elementary or
23secondary school, the chief school administrator or that
24person's designee in the case of a charter school, or the
25appropriate administrative officer or that person's designee
26in the case of a private school.

 

 

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1    (6) A physician, licensed healthcare professional, or
2non-licensed healthcare professional athletic trainer, or
3nurse who is not in compliance with the training requirements
4under this subsection (h) may not serve on a concussion
5oversight team in any capacity.
6    (7) A person required under this subsection (h) to take a
7training course in the subject of concussions must initially
8complete the training prior to serving on a concussion
9oversight team in any capacity not later than September 1,
102016.
11    (i) The governing body of each public or charter school and
12the appropriate administrative officer of a private school with
13students enrolled who participate in an interscholastic
14athletic activity shall develop a school-specific emergency
15action plan for interscholastic athletic activities to address
16the serious injuries and acute medical conditions in which the
17condition of the student may deteriorate rapidly. The plan
18shall include a delineation of roles, methods of communication,
19available emergency equipment, and access to and a plan for
20emergency transport. This emergency action plan must be:
21        (1) in writing;
22        (2) reviewed by the concussion oversight team;
23        (3) approved by the district superintendent or the
24    superintendent's designee in the case of a public
25    elementary or secondary school, the chief school
26    administrator or that person's designee in the case of a

 

 

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1    charter school, or the appropriate administrative officer
2    or that person's designee in the case of a private school;
3        (4) distributed to all appropriate personnel;
4        (5) posted conspicuously at all venues utilized by the
5    school; and
6        (6) reviewed annually by all athletic trainers, first
7    responders, coaches, school nurses, athletic directors,
8    and volunteers for interscholastic athletic activities.
9    (j) The State Board of Education may adopt rules as
10necessary to administer this Section.
11(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
1299-642, eff. 7-28-16.)
 
13    Section 99. Effective date. This Act takes effect September
141, 2017.".