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.