Illinois General Assembly - Full Text of SB0219
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Full Text of SB0219  99th General Assembly

SB0219enr 99TH GENERAL ASSEMBLY



 


 
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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 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.
26    "Coach" means any volunteer or employee of a school who is

 

 

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

 

 

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1volleyball, water polo, and wrestling. All interscholastic
2athletics are deemed to be interscholastic activities.
3    "Licensed healthcare professional" means a person who has
4experience with concussion management and who is a nurse, a
5psychologist who holds a license under the Clinical
6Psychologist Licensing Act and specializes in the practice of
7neuropsychology, a physical therapist licensed under the
8Illinois Physical Therapy Act, an occupational therapist
9licensed under the Illinois Occupational Therapy Practice Act.
10    "Nurse" means a person who is employed by or volunteers at
11a school and is licensed under the Nurse Practice Act as a
12registered nurse, practical nurse, or advanced practice nurse.
13    "Physician" means a physician licensed to practice
14medicine in all of its branches under the Medical Practice Act
15of 1987.
16    "School" means any public or private elementary or
17secondary school, including a charter school.
18    "Student" means an adolescent or child enrolled in a
19school.
20    (c) This Section applies to any interscholastic athletic
21activity, including practice and competition, sponsored or
22sanctioned by a school, the Illinois Elementary School
23Association, or the Illinois High School Association. This
24Section applies beginning with the 2016-2017 2015-2016 school
25year.
26    (d) The governing body of each public or charter school and

 

 

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

 

 

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1oversight team. A school may appoint other licensed healthcare
2professionals to serve on the 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) or an athletic trainer working under the
12    supervision of a physician;
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 or athletic trainer working
22    under the supervision of a physician has provided a written
23    statement indicating that, in the physician's professional
24    judgment, it is safe for the student to return to play and
25    return to learn; and
26        (5) the student and the student's parent or guardian or

 

 

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

 

 

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1            Health Insurance Portability and Accountability
2            Act of 1996 (Public Law 104-191), of the treating
3            physician's or athletic trainer's written
4            statement under subdivision (4) of this subsection
5            (g) and, if any, the return-to-play and
6            return-to-learn recommendations of the treating
7            physician or the athletic trainer, as the case may
8            be.
9    A coach of an interscholastic athletics team may not
10authorize a student's return to play or return to learn.
11    The district superintendent or the superintendent's
12designee in the case of a public elementary or secondary
13school, the chief school administrator or that person's
14designee in the case of a charter school, or the appropriate
15administrative officer or that person's designee in the case of
16a private school shall supervise an athletic trainer or other
17person responsible for compliance with the return-to-play
18protocol and shall supervise the person responsible for
19compliance with the return-to-learn protocol. The person who
20has supervisory responsibilities under this paragraph may not
21be a coach of an interscholastic athletics team.
22    (h)(1) The Illinois High School Association shall approve,
23for coaches and game officials of interscholastic athletic
24activities, training courses that provide for not less than 2
25hours of training in the subject matter of concussions,
26including evaluation, prevention, symptoms, risks, and

 

 

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

 

 

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1        (C) a nurse must take a course concerning the subject
2    matter of concussions that has been approved for continuing
3    education credit by the Department.
4    (5) Each person described in paragraph (2) of this
5subsection (h) must submit proof of timely completion of an
6approved course in compliance with paragraph (4) of this
7subsection (h) to the district superintendent or the
8superintendent's designee in the case of a public elementary or
9secondary school, the chief school administrator or that
10person's designee in the case of a charter school, or the
11appropriate administrative officer or that person's designee
12in the case of a private school.
13    (6) A physician, athletic trainer, or nurse who is not in
14compliance with the training requirements under this
15subsection (h) may not serve on a concussion oversight team in
16any capacity.
17    (7) A person required under this subsection (h) to take a
18training course in the subject of concussions must initially
19complete the training not later than September 1, 2016.
20    (i) The governing body of each public or charter school and
21the appropriate administrative officer of a private school with
22students enrolled who participate in an interscholastic
23athletic activity shall develop a school-specific emergency
24action plan for interscholastic athletic activities to address
25the serious injuries and acute medical conditions in which the
26condition of the student may deteriorate rapidly. The plan

 

 

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1shall include a delineation of roles, methods of communication,
2available emergency equipment, and access to and a plan for
3emergency transport. This emergency action plan must be:
4        (1) in writing;
5        (2) reviewed by the concussion oversight team;
6        (3) approved by the 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 may adopt rules as
19necessary to administer this Section.
20(Source: P.A. 99-245, eff. 8-3-15.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.