HB0272 96TH GENERAL ASSEMBLY

LRB096 04765 NHT 14829 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0272

Introduced 1/23/2009, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

105 ILCS 25/1.5 new

Amends the Interscholastic Athletic Organization Act. Requires an association that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State and that has a performance-enhancing substance testing program to prohibit a student from participating in an athletic competition sponsored or sanctioned by the association unless (i) the student agrees not to use certain performance-enhancing substances, and, if the student is enrolled in high school, the student submits to random testing for the presence of these substances in the student's body and (ii) the association obtains from the student's parent a statement signed by the parent acknowledging certain information. Provides that a school district shall require that each district employee who serves as an athletic coach at or above the 9th grade level for an extracurricular athletic activity sponsored or sanctioned by an association complete an educational program on the prevention of abuse of performance-enhancing substances and complete a proficiency exam. Requires the Department of Public Health to provide oversight of the annual administration of a performance-enhancing substance testing program by an association under which high school students participating in an athletic competition sponsored or sanctioned by the association are tested at multiple times throughout the athletic season for the presence of certain performance-enhancing substances in the students' bodies. Contains provisions concerning confidentiality, funding, exceptions, and liability. Repeals these provisions on July 1, 2011. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Interscholastic Athletic Organization Act is amended by adding Section 1.5 as follows:

(105 ILCS 25/1.5 new)

(Section scheduled to be repealed on July 1, 2011)

Sec. 1.5. Prevention of use of performance-enhancing substances in interscholastic athletics; random testing of interscholastic athletes.

(a) In this Section, "association" means an association that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State and that has a performance-enhancing substance testing program.

(b) An association shall prohibit a student from participating in an athletic competition sponsored or sanctioned by the association unless the following conditions are met:

(1) the student agrees not to use any performance-enhancing substances on the association's most current banned drug classes list, and, if the student is enrolled in high school, the student submits to random testing for the presence of these substances in the student's body, in accordance with the program established under subsection (d) of this Section; and

(2) the association obtains from the student's parent a statement signed by the parent and acknowledging the following:

(A) that the parent's child, if enrolled in high school, may be subject to random performance-enhancing substance testing;

(B) that State law prohibits possessing, dispensing, delivering, or administering a performance-enhancing substance in a manner not allowed by State law;

(C) that State law provides that bodybuilding, muscle enhancement, or the increase of muscle bulk or strength through the use of a performance-enhancing substance by a person who is in good health is not a valid medical purpose;

(D) that only a licensed practitioner with prescriptive authority may prescribe a performance-enhancing substance for a person; and

(E) that a violation of State law concerning performance-enhancing substances is a criminal offense punishable by confinement in jail or imprisonment.

(c) A school district shall require that each district employee who serves as an athletic coach at or above the 9th grade level for an extracurricular athletic activity sponsored or sanctioned by an association complete the following:

(1) an educational program on the prevention of abuse of performance-enhancing substances developed by the association; or

(2) a comparable program developed by the school district or a private entity with relevant expertise. The school district shall also require the person to complete an exam developed by the association showing a minimum proficiency of understanding in methods to prevent the abuse of performance-enhancing substances by students.

(d) The Department of Public Health shall provide oversight of the annual administration of a performance-enhancing substance testing program by an association under which high school students participating in an athletic competition sponsored or sanctioned by the association are tested at multiple times throughout the athletic season for the presence of performance-enhancing substances on the association's most current banned drug classes list in the students' bodies. The Department of Public Health is responsible for the adoption of rules for the administration of the testing program. The association may alter its current performance-enhancing substance testing program to comply with this subsection (d). The testing program must do the following:

(1) require the random testing of at least 1,000 high school students in this State who participate in athletic competitions sponsored or sanctioned by the association;

(2) provide for the selection of specific students described in subdivision (1) of this subsection (d) for testing through a process that randomly selects students from a single pool consisting of all students who participate in any activity for which the association sponsors or sanctions athletic competitions;

(3) be administered at approximately 25% of the high schools in this State that participate in athletic competitions sponsored or sanctioned by the association;

(4) provide for a process for confirming any initial positive test result through a subsequent test conducted as soon practicable after the initial test, using a sample that was obtained at the same time as the sample used for the initial test;

(5) require the testing to be performed only by a performance-enhancing substance testing laboratory with current certification from the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services, the World Anti-Doping Agency, or another appropriate national or international-certifying organization; the testing laboratory must be chosen following State procurement procedures;

(6) require that a trained observer, of the appropriate sex, witness the student provide the test sample;

(7) require that the student be chaperoned by a school-designated official from the time he or she is notified of the test until he or she has completed delivering the test sample;

(8) provide for a period of ineligibility from participation in an athletic competition sponsored or sanctioned by the association for any student with a confirmed positive test result or any student who refuses to submit to random testing;

(9) provide for a school or team penalty on a case-by-case basis, to be determined by the contribution of a student with a confirmed positive test result to the team or the school's lack of enforcement of the rules of the testing program or both;

(10) provide for a penalty for any coach who knowingly violates the rules of the testing program; and

(11) require that coaches be responsible for providing a copy of the association's must current banned drug classes list to every high school student participating in an athletic competition sponsored or sanctioned by the association.

(e) Results of a performance-enhancing substance test conducted under subsection (d) of this Section are confidential and, unless required by court order, may be disclosed only to the student and the student's parent and the activity directors, principal, and assistant principals of the school attended by the student.

(f) The association shall pay the costs of the performance-enhancing substance testing program established under subsection (d) of this Section. The General Assembly may appropriate additional funding for the testing program, to be distributed as a grant through the Department of Public Health.

(g) Subdivision (1) of subsection (b) of this Section does not apply to the use by a student of a performance-enhancing substance that is dispensed, prescribed, delivered, or administered by a medical practitioner for a valid medical purpose and in the course of professional practice, and the student is not subject to a period of ineligibility under subdivision (8) of subsection (d) of this Section on the basis of that use as long as the student's coach has provided the student with a copy of the association's most current banned drug classes list, the student has consulted with his or her medical practitioner to confirm the valid use of the substance, and the student has notified his or her coach or a school administrator of a prescription for the use of the substance for valid medical purposes. Students that are prescribed such a substance, after receiving a copy of the association's most current banned drug classes list, are required to provide notice of that prescription at the time the prescription is issued. Any information concerning a student's use of a performance-enhancing substance obtained by a coach or school administrator under this subsection (g) is confidential and may be disclosed only to those persons necessary to the determination of eligibility under this subsection (g).

(h) Neither an association nor any of its directors or employees shall be liable and no cause of action may be brought against an association or any of its directors or employees for damages in connection with the performance of the association's responsibilities under this Section, unless an act or omission involved willful or wanton conduct.

(i) This Section is repealed on July 1, 2011.

Section 99. Effective date. This Act takes effect upon becoming law.