State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Kwame Raoul


105 ILCS 5/22-80

    Amends the School Code to make changes to provisions concerning student athletes and concussions and head injuries. Provides that a school may appoint a physician assistant to serve on its concussion oversight team. With respect to a student who has been removed from practice or competition practicing or competing again, provides for evaluation by an advanced practice nurse working under the supervision of a physician or by a physician assistant working under the supervision of a physician; makes related changes. Effective immediately.

LRB100 09724 NHT 19893 b





SB1692LRB100 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



SB1692- 2 -LRB100 09724 NHT 19893 b

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



SB1692- 3 -LRB100 09724 NHT 19893 b

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,



SB1692- 4 -LRB100 09724 NHT 19893 b

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,
10or a physician assistant.
11    "Nurse" means a person who is employed by or volunteers at
12a school and is licensed under the Nurse Practice Act as a
13registered nurse, practical nurse, or advanced practice nurse.
14    "Physician" means a physician licensed to practice
15medicine in all of its branches under the Medical Practice Act
16of 1987.
17    "Physician assistant" means a physician assistant licensed
18under the Physician Assistant Practice Act of 1987.
19    "School" means any public or private elementary or
20secondary school, including a charter school.
21    "Student" means an adolescent or child enrolled in a
23    (c) This Section applies to any interscholastic athletic
24activity, including practice and competition, sponsored or
25sanctioned by a school, the Illinois Elementary School
26Association, or the Illinois High School Association. This



SB1692- 5 -LRB100 09724 NHT 19893 b

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



SB1692- 6 -LRB100 09724 NHT 19893 b

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



SB1692- 7 -LRB100 09724 NHT 19893 b

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



SB1692- 8 -LRB100 09724 NHT 19893 b

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



SB1692- 9 -LRB100 09724 NHT 19893 b

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



SB1692- 10 -LRB100 09724 NHT 19893 b

1has supervisory responsibilities under this paragraph may not
2be a coach of an interscholastic athletics team.
3    (h)(1) The Illinois High School Association shall approve,
4for coaches and game officials of interscholastic athletic
5activities, training courses that provide for not less than 2
6hours of training in the subject matter of concussions,
7including evaluation, prevention, symptoms, risks, and
8long-term effects. The Association shall maintain an updated
9list of individuals and organizations authorized by the
10Association to provide the training.
11    (2) The following persons must take a training course in
12accordance with paragraph (4) of this subsection (h) from an
13authorized training provider at least once every 2 years:
14        (A) a coach of an interscholastic athletic activity;
15        (B) a nurse who serves as a member of a concussion
16    oversight team and is an employee, representative, or agent
17    of a school;
18        (C) a game official of an interscholastic athletic
19    activity; and
20        (D) a nurse who serves on a volunteer basis as a member
21    of a concussion oversight team for a school.
22    (3) A physician who serves as a member of a concussion
23oversight team shall, to the greatest extent practicable,
24periodically take an appropriate continuing medical education
25course in the subject matter of concussions.
26    (4) For purposes of paragraph (2) of this subsection (h):



SB1692- 11 -LRB100 09724 NHT 19893 b

1        (A) a coach or game officials, as the case may be, must
2    take a course described in paragraph (1) of this subsection
3    (h).
4        (B) an athletic trainer must take a concussion-related
5    continuing education course from an athletic trainer
6    continuing education sponsor approved by the Department;
7    and
8        (C) a nurse must take a course concerning the subject
9    matter of concussions that has been approved for continuing
10    education credit 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, athletic trainer, or nurse who is not in
21compliance with the training requirements under this
22subsection (h) may not serve on a concussion oversight team in
23any capacity.
24    (7) A person required under this subsection (h) to take a
25training course in the subject of concussions must initially
26complete the training not later than September 1, 2016.



SB1692- 12 -LRB100 09724 NHT 19893 b

1    (i) The governing body of each public or charter school and
2the appropriate administrative officer of a private school with
3students enrolled who participate in an interscholastic
4athletic activity shall develop a school-specific emergency
5action plan for interscholastic athletic activities to address
6the serious injuries and acute medical conditions in which the
7condition of the student may deteriorate rapidly. The plan
8shall include a delineation of roles, methods of communication,
9available emergency equipment, and access to and a plan for
10emergency transport. This emergency action plan must be:
11        (1) in writing;
12        (2) reviewed by the concussion oversight team;
13        (3) approved by the district superintendent or the
14    superintendent's designee in the case of a public
15    elementary or secondary school, the chief school
16    administrator or that person's designee in the case of a
17    charter school, or the appropriate administrative officer
18    or that person's designee in the case of a private school;
19        (4) distributed to all appropriate personnel;
20        (5) posted conspicuously at all venues utilized by the
21    school; and
22        (6) reviewed annually by all athletic trainers, first
23    responders, coaches, school nurses, athletic directors,
24    and volunteers for interscholastic athletic activities.
25    (j) The State Board of Education may adopt rules as
26necessary to administer this Section.



SB1692- 13 -LRB100 09724 NHT 19893 b

1(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
299-642, eff. 7-28-16.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.