Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-0309


 

Public Act 0309 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0309
 
SB1692 EnrolledLRB100 09724 NHT 19893 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
22-80 as follows:
 
    (105 ILCS 5/22-80)
    Sec. 22-80. Student athletes; concussions and head
injuries.
    (a) The General Assembly recognizes all of the following:
        (1) Concussions are one of the most commonly reported
    injuries in children and adolescents who participate in
    sports and recreational activities. The Centers for
    Disease Control and Prevention estimates that as many as
    3,900,000 sports-related and recreation-related
    concussions occur in the United States each year. A
    concussion is caused by a blow or motion to the head or
    body that causes the brain to move rapidly inside the
    skull. The risk of catastrophic injuries or death are
    significant when a concussion or head injury is not
    properly evaluated and managed.
        (2) Concussions are a type of brain injury that can
    range from mild to severe and can disrupt the way the brain
    normally works. Concussions can occur in any organized or
    unorganized sport or recreational activity and can result
    from a fall or from players colliding with each other, the
    ground, or with obstacles. Concussions occur with or
    without loss of consciousness, but the vast majority of
    concussions occur without loss of consciousness.
        (3) Continuing to play with a concussion or symptoms of
    a head injury leaves a young athlete especially vulnerable
    to greater injury and even death. The General Assembly
    recognizes that, despite having generally recognized
    return-to-play standards for concussions and head
    injuries, some affected youth athletes are prematurely
    returned to play, resulting in actual or potential physical
    injury or death to youth athletes in this State.
        (4) Student athletes who have sustained a concussion
    may need informal or formal accommodations, modifications
    of curriculum, and monitoring by medical or academic staff
    until the student is fully recovered. To that end, all
    schools are encouraged to establish a return-to-learn
    protocol that is based on peer-reviewed scientific
    evidence consistent with Centers for Disease Control and
    Prevention guidelines and conduct baseline testing for
    student athletes.
    (b) In this Section:
    "Athletic trainer" means an athletic trainer licensed
under the Illinois Athletic Trainers Practice Act who is
working under the supervision of a physician.
    "Coach" means any volunteer or employee of a school who is
responsible for organizing and supervising students to teach
them or train them in the fundamental skills of an
interscholastic athletic activity. "Coach" refers to both head
coaches and assistant coaches.
    "Concussion" means a complex pathophysiological process
affecting the brain caused by a traumatic physical force or
impact to the head or body, which may include temporary or
prolonged altered brain function resulting in physical,
cognitive, or emotional symptoms or altered sleep patterns and
which may or may not involve a loss of consciousness.
    "Department" means the Department of Financial and
Professional Regulation.
    "Game official" means a person who officiates at an
interscholastic athletic activity, such as a referee or umpire,
including, but not limited to, persons enrolled as game
officials by the Illinois High School Association or Illinois
Elementary School Association.
    "Interscholastic athletic activity" means any organized
school-sponsored or school-sanctioned activity for students,
generally outside of school instructional hours, under the
direction of a coach, athletic director, or band leader,
including, but not limited to, baseball, basketball,
cheerleading, cross country track, fencing, field hockey,
football, golf, gymnastics, ice hockey, lacrosse, marching
band, rugby, soccer, skating, softball, swimming and diving,
tennis, track (indoor and outdoor), ultimate Frisbee,
volleyball, water polo, and wrestling. All interscholastic
athletics are deemed to be interscholastic activities.
    "Licensed healthcare professional" means a person who has
experience with concussion management and who is a nurse, a
psychologist who holds a license under the Clinical
Psychologist Licensing Act and specializes in the practice of
neuropsychology, a physical therapist licensed under the
Illinois Physical Therapy Act, an occupational therapist
licensed under the Illinois Occupational Therapy Practice Act,
a physician assistant, or an athletic trainer.
    "Nurse" means a person who is employed by or volunteers at
a school and is licensed under the Nurse Practice Act as a
registered nurse, practical nurse, or advanced practice nurse.
    "Physician" means a physician licensed to practice
medicine in all of its branches under the Medical Practice Act
of 1987.
    "Physician assistant" means a physician assistant licensed
under the Physician Assistant Practice Act of 1987.
    "School" means any public or private elementary or
secondary school, including a charter school.
    "Student" means an adolescent or child enrolled in a
school.
    (c) This Section applies to any interscholastic athletic
activity, including practice and competition, sponsored or
sanctioned by a school, the Illinois Elementary School
Association, or the Illinois High School Association. This
Section applies beginning with the 2016-2017 school year.
    (d) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic
athletic activity shall appoint or approve a concussion
oversight team. Each concussion oversight team shall establish
a return-to-play protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to
interscholastic athletics practice or competition following a
force or impact believed to have caused a concussion. Each
concussion oversight team shall also establish a
return-to-learn protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to the classroom
after that student is believed to have experienced a
concussion, whether or not the concussion took place while the
student was participating in an interscholastic athletic
activity.
    Each concussion oversight team must include to the extent
practicable at least one physician. If a school employs an
athletic trainer, the athletic trainer must be a member of the
school concussion oversight team to the extent practicable. If
a school employs a nurse, the nurse must be a member of the
school concussion oversight team to the extent practicable. At
a minimum, a school shall appoint a person who is responsible
for implementing and complying with the return-to-play and
return-to-learn protocols adopted by the concussion oversight
team. At a minimum, a concussion oversight team may be composed
of only one person and this person need not be a licensed
healthcare professional, but it may not be a coach. A school
may appoint other licensed healthcare professionals to serve on
the concussion oversight team.
    (e) A student may not participate in an interscholastic
athletic activity for a school year until the student and the
student's parent or guardian or another person with legal
authority to make medical decisions for the student have signed
a form for that school year that acknowledges receiving and
reading written information that explains concussion
prevention, symptoms, treatment, and oversight and that
includes guidelines for safely resuming participation in an
athletic activity following a concussion. The form must be
approved by the Illinois High School Association.
    (f) A student must be removed from an interscholastic
athletics practice or competition immediately if one of the
following persons believes the student might have sustained a
concussion during the practice or competition:
        (1) a coach;
        (2) a physician;
        (3) a game official;
        (4) an athletic trainer;
        (5) the student's parent or guardian or another person
    with legal authority to make medical decisions for the
    student;
        (6) the student; or
        (7) any other person deemed appropriate under the
    school's return-to-play protocol.
    (g) A student removed from an interscholastic athletics
practice or competition under this Section may not be permitted
to practice or compete again following the force or impact
believed to have caused the concussion until:
        (1) the student has been evaluated, using established
    medical protocols based on peer-reviewed scientific
    evidence consistent with Centers for Disease Control and
    Prevention guidelines, by a treating physician (chosen by
    the student or the student's parent or guardian or another
    person with legal authority to make medical decisions for
    the student), or an athletic trainer, an advanced practice
    nurse, or a physician assistant working under the
    supervision of a physician;
        (2) the student has successfully completed each
    requirement of the return-to-play protocol established
    under this Section necessary for the student to return to
    play;
        (3) the student has successfully completed each
    requirement of the return-to-learn protocol established
    under this Section necessary for the student to return to
    learn;
        (4) the treating physician, the or athletic trainer, or
    the physician assistant working under the supervision of a
    physician has provided a written statement indicating
    that, in the physician's professional judgment, it is safe
    for the student to return to play and return to learn or
    the treating advanced practice nurse has provided a written
    statement indicating that it is safe for the student to
    return to play and return to learn; and
        (5) the student and the student's parent or guardian or
    another person with legal authority to make medical
    decisions for the student:
            (A) have acknowledged that the student has
        completed the requirements of the return-to-play and
        return-to-learn protocols necessary for the student to
        return to play;
            (B) have provided the treating physician's, or
        athletic trainer's, advanced practice nurse's, or
        physician assistant's written statement under
        subdivision (4) of this subsection (g) to the person
        responsible for compliance with the return-to-play and
        return-to-learn protocols under this subsection (g)
        and the person who has supervisory responsibilities
        under this subsection (g); and
            (C) have signed a consent form indicating that the
        person signing:
                (i) has been informed concerning and consents
            to the student participating in returning to play
            in accordance with the return-to-play and
            return-to-learn protocols;
                (ii) understands the risks associated with the
            student returning to play and returning to learn
            and will comply with any ongoing requirements in
            the return-to-play and return-to-learn protocols;
            and
                (iii) consents to the disclosure to
            appropriate persons, consistent with the federal
            Health Insurance Portability and Accountability
            Act of 1996 (Public Law 104-191), of the treating
            physician's, or athletic trainer's, physician
            assistant's, or advanced practice nurse's written
            statement under subdivision (4) of this subsection
            (g) and, if any, the return-to-play and
            return-to-learn recommendations of the treating
            physician, or the athletic trainer, the physician
            assistant, or the advanced practice nurse, as the
            case may be.
    A coach of an interscholastic athletics team may not
authorize a student's return to play or return to learn.
    The district superintendent or the superintendent's
designee in the case of a public elementary or secondary
school, the chief school administrator or that person's
designee in the case of a charter school, or the appropriate
administrative officer or that person's designee in the case of
a private school shall supervise an athletic trainer or other
person responsible for compliance with the return-to-play
protocol and shall supervise the person responsible for
compliance with the return-to-learn protocol. The person who
has supervisory responsibilities under this paragraph may not
be a coach of an interscholastic athletics team.
    (h)(1) The Illinois High School Association shall approve,
for coaches, and game officials, and non-licensed healthcare
professionals of interscholastic athletic activities, training
courses that provide for not less than 2 hours of training in
the subject matter of concussions, including evaluation,
prevention, symptoms, risks, and long-term effects. The
Association shall maintain an updated list of individuals and
organizations authorized by the Association to provide the
training.
    (2) The following persons must take a training course in
accordance with paragraph (4) of this subsection (h) from an
authorized training provider at least once every 2 years:
        (A) a coach of an interscholastic athletic activity;
        (B) a nurse, licensed healthcare professional, or
    non-licensed healthcare professional who serves as a
    member of a concussion oversight team either on a volunteer
    basis or in his or her capacity as and is an employee,
    representative, or agent of a school; and
        (C) a game official of an interscholastic athletic
    activity. ; and
        (D) a nurse who serves on a volunteer basis as a member
    of a concussion oversight team for a school.
    (3) A physician who serves as a member of a concussion
oversight team shall, to the greatest extent practicable,
periodically take an appropriate continuing medical education
course in the subject matter of concussions.
    (4) For purposes of paragraph (2) of this subsection (h):
        (A) a coach, or game official, or non-licensed
    healthcare professional officials, as the case may be, must
    take a course described in paragraph (1) of this subsection
    (h); .
        (B) an athletic trainer must take a concussion-related
    continuing education course from an athletic trainer
    continuing education sponsor approved by the Department;
    and
        (C) a nurse must take a concussion-related continuing
    education course from a nurse concerning the subject matter
    of concussions that has been approved for continuing
    education sponsor approved credit by the Department; .
        (D) a physical therapist must take a
    concussion-related continuing education course from a
    physical therapist continuing education sponsor approved
    by the Department;
        (E) a psychologist must take a concussion-related
    continuing education course from a psychologist continuing
    education sponsor approved by the Department;
        (F) an occupational therapist must take a
    concussion-related continuing education course from an
    occupational therapist continuing education sponsor
    approved by the Department; and
        (G) a physician assistant must take a
    concussion-related continuing education course from a
    physician assistant continuing education sponsor approved
    by the Department.
    (5) Each person described in paragraph (2) of this
subsection (h) must submit proof of timely completion of an
approved course in compliance with paragraph (4) of this
subsection (h) to the district superintendent or the
superintendent's designee in the case of a public elementary or
secondary school, the chief school administrator or that
person's designee in the case of a charter school, or the
appropriate administrative officer or that person's designee
in the case of a private school.
    (6) A physician, licensed healthcare professional, or
non-licensed healthcare professional athletic trainer, or
nurse who is not in compliance with the training requirements
under this subsection (h) may not serve on a concussion
oversight team in any capacity.
    (7) A person required under this subsection (h) to take a
training course in the subject of concussions must initially
complete the training prior to serving on a concussion
oversight team in any capacity not later than September 1,
2016.
    (i) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic
athletic activity shall develop a school-specific emergency
action plan for interscholastic athletic activities to address
the serious injuries and acute medical conditions in which the
condition of the student may deteriorate rapidly. The plan
shall include a delineation of roles, methods of communication,
available emergency equipment, and access to and a plan for
emergency transport. This emergency action plan must be:
        (1) in writing;
        (2) reviewed by the concussion oversight team;
        (3) approved by the district superintendent or the
    superintendent's designee in the case of a public
    elementary or secondary school, the chief school
    administrator or that person's designee in the case of a
    charter school, or the appropriate administrative officer
    or that person's designee in the case of a private school;
        (4) distributed to all appropriate personnel;
        (5) posted conspicuously at all venues utilized by the
    school; and
        (6) reviewed annually by all athletic trainers, first
    responders, coaches, school nurses, athletic directors,
    and volunteers for interscholastic athletic activities.
    (j) The State Board of Education may adopt rules as
necessary to administer this Section.
(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
99-642, eff. 7-28-16.)
 
    Section 99. Effective date. This Act takes effect September
1, 2017.

Effective Date: 9/1/2017