97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1963

 

Introduced , by Rep. Daniel J. Burke

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Protecting Our Student Athletes Act. Provides that the Act applies to all schools and park districts within this State that operate or sponsor athletic programs or extracurricular activities. Requires the State Board of Education and park districts to develop and disseminate guidelines on policies to inform and educate coaches and athletes and their parents or guardians of the nature and risk of concussions, criteria for removal from and return to play, and the risks of not reporting the injury and continuing to play. Requires each school and park district to develop and implement policies and procedures to ensure compliance with the guidelines, as well as the identification and handling of suspected concussions in athletes. Sets forth what the policies must require. Contains provisions concerning liability and records of compliance. Effective July 1, 2011.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning student athletes.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Protecting Our Student Athletes Act.
 
6    Section 5. Legislative findings; recognition.
7    (a) The General Assembly makes the following findings:
8        (1) A concussion is caused by a blow or motion to the
9    head or body that causes the brain to move inside of the
10    skull.
11        (2) Concussions are one of the most commonly reported
12    injuries in children and adolescents participating in
13    sports and recreational activities.
14        (3) Concussions are a type of brain injury that can
15    range from mild to severe and can disrupt the way the brain
16    normally works.
17        (4) The U.S. Centers for Disease Control and Prevention
18    estimates that nearly 4 million sports and
19    recreational-related concussions occur annually in the
20    United States.
21        (5) Studies show that continuing to play with a
22    concussion or symptoms of a head injury leaves a young
23    athlete especially vulnerable to greater injury and death.

 

 

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1        (6) Studies also show that young, developing brains
2    take longer to heal, requiring that treatment be tailored
3    to specific ages.
4        (7) The risks of catastrophic injuries or death are
5    significant when a concussion or head injury is not
6    properly evaluated and managed.
7        (8) Continuing to play with a concussion or symptoms of
8    a head injury leaves the young athlete especially
9    vulnerable to greater injury and even death.
10    (b) The General Assembly recognizes that, despite having
11generally recognized standards regarding returning to play
12from a concussion or head injury, some affected student
13athletes may prematurely return to play, thus exposing
14themselves to further risk.
 
15    Section 10. Definitions. In this Act:
16    "Athlete" means a student or youth, male or female, that
17participates in an athletic program, event, or extracurricular
18activity operated or sponsored by a school or park district.
19    "Department" means the Department of Public Health.
20    "Park district" has the meaning ascribed to that term under
21Section 1-3 of the Park District Code.
22    "School" means any school district or public, private, or
23nonpublic day or residential educational institution that
24provides elementary or secondary education for grades 12 and
25under.

 

 

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1    "State Board" means the State Board of Education.
 
2    Section 15. Development of policies.
3    (a) This Section applies to all schools and park districts
4within this State that operate or sponsor athletic programs or
5extracurricular activities.
6    (b) The State Board and park districts shall develop and
7disseminate guidelines on policies to inform and educate
8coaches and athletes and their parents or guardians of the
9nature and risk of concussions, criteria for removal from and
10return to play, and the risks of not reporting the injury and
11continuing to play.
12    (c) Within 180 days after the effective date of this Act,
13each school and park district shall develop and implement
14policies and procedures to ensure compliance with the
15guidelines under subsection (a) of this Section, as well as the
16identification and handling of suspected concussions in
17athletes. These policies shall require the following:
18        (1) In order to participate in an extracurricular
19    physical activity, each athlete and his or her parent or
20    guardian shall review, on an annual basis, information on
21    concussions provided by the school or park district. After
22    having reviewed materials describing the short-term and
23    long-term health effects of concussions, each athlete and
24    his or her parent or guardian shall sign a statement
25    acknowledging receipt of this information, in a manner

 

 

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1    approved by the State Board or the park district.
2        (2) An athlete suspected by his or her coach, athletic
3    trainer, or team physician of sustaining a concussion or
4    brain injury in a practice or game must be removed from the
5    activity at that time. An athlete who has been removed from
6    play, evaluated, and suspected to have a concussion or
7    brain injury must not return to play until (i) evaluated by
8    an appropriate licensed health care provider, as
9    determined by the State Board or the park district, and
10    (ii) in receipt of a written clearance to return to play
11    from the licensed health care provider.
12        (3) A licensed health care provider evaluating
13    athletes suspected of having a concussion or brain injury
14    may be a volunteer.
15        (4) Schools and park districts may provide the
16    guidelines to organizations sponsoring athletic activities
17    for athletes on school or park district property. Schools
18    and park districts must not be required to enforce
19    compliance with the policies.
20    (c) This Section does not waive any liability or immunity
21of a school, a park district, or its officers or employees.
22This Section does not create any liability for a course of
23legal action against a school, a park district, or its officers
24or employees.
25    (d) A person who volunteers to assist with an
26extracurricular athletic activity is not liable for civil

 

 

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1damages arising out of an act or omission relating to the
2requirements of this Section, unless the act or omission is
3willful or wanton.
4    (e) The superintendent of each school district or park
5district shall maintain complete and accurate records of the
6district's compliance with the requirements of this Section.
7    (f) The State Board and park districts, in developing the
8guidelines on policies pursuant to subsection (a) of this
9Section, shall work with the Department and various
10stakeholders, including representatives from the Illinois High
11School Association, the Brain Injury Association of Illinois,
12the Illinois College of Emergency Physicians, the American
13Academy of Pediatrics, children's hospitals and academic
14medical centers, and other stakeholders deemed appropriate by
15the State Board.
 
16    Section 99. Effective date. This Act takes effect July 1,
172011.