100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4226

 

Introduced , by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2310/2310-307 new
105 ILCS 5/22-80

    Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall develop, publish, and disseminate a brochure to educate the general public on the effects of concussion in children and discuss how to look for concussion warning signs in children. The brochure shall be distributed free of charge by schools to any child or the parent or guardian of a child who may have sustained a concussion, regardless of whether or not the concussion occurred while the child was participating in an interscholastic athletic activity. Amends the School Code. Provides that, amongst other duties, the regional office of education (rather than the district superintendent or chief school administrator) of a public elementary or secondary school or charter school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play or return-to-learn concussion protocol established under the Code. Provides that the State Board of Education shall (rather than may) adopt rules governing concussion protocol under the Code, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4226LRB100 15846 AXK 30957 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 Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-307 as follows:
 
7    (20 ILCS 2310/2310-307 new)
8    Sec. 2310-307. Concussion brochure. As used in this
9Section, "concussion" and "interscholastic athletic activity"
10have the meaning ascribed to those terms under Section 22-80 of
11the School Code. The Department shall, subject to
12appropriation, develop, publish, and disseminate a brochure to
13educate the general public on the effects of concussions in
14children and discuss how to look for concussion warning signs
15in children, including, but not limited to, delays in the
16learning development of children. The brochure shall be
17distributed free of charge by schools to any child or the
18parent or guardian of a child who may have sustained a
19concussion, regardless of whether or not the concussion
20occurred while the child was participating in an
21interscholastic athletic activity.
 
22    Section 10. The School Code is amended by changing Section

 

 

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122-80 as follows:
 
2    (105 ILCS 5/22-80)
3    Sec. 22-80. Student athletes; concussions and head
4injuries.
5    (a) The General Assembly recognizes all of the following:
6        (1) Concussions are one of the most commonly reported
7    injuries in children and adolescents who participate in
8    sports and recreational activities. The Centers for
9    Disease Control and Prevention estimates that as many as
10    3,900,000 sports-related and recreation-related
11    concussions occur in the United States each year. A
12    concussion is caused by a blow or motion to the head or
13    body that causes the brain to move rapidly inside the
14    skull. The risk of catastrophic injuries or death are
15    significant when a concussion or head injury is not
16    properly evaluated and managed.
17        (2) Concussions are a type of brain injury that can
18    range from mild to severe and can disrupt the way the brain
19    normally works. Concussions can occur in any organized or
20    unorganized sport or recreational activity and can result
21    from a fall or from players colliding with each other, the
22    ground, or with obstacles. Concussions occur with or
23    without loss of consciousness, but the vast majority of
24    concussions occur without loss of consciousness.
25        (3) Continuing to play with a concussion or symptoms of

 

 

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1    a head injury leaves a young athlete especially vulnerable
2    to greater injury and even death. The General Assembly
3    recognizes that, despite having generally recognized
4    return-to-play standards for concussions and head
5    injuries, some affected youth athletes are prematurely
6    returned to play, resulting in actual or potential physical
7    injury or death to youth athletes in this State.
8        (4) Student athletes who have sustained a concussion
9    may need informal or formal accommodations, modifications
10    of curriculum, and monitoring by medical or academic staff
11    until the student is fully recovered. To that end, all
12    schools are encouraged to establish a return-to-learn
13    protocol that is based on peer-reviewed scientific
14    evidence consistent with Centers for Disease Control and
15    Prevention guidelines and conduct baseline testing for
16    student athletes.
17    (b) In this Section:
18    "Athletic trainer" means an athletic trainer licensed
19under the Illinois Athletic Trainers Practice Act who is
20working under the supervision of a physician.
21    "Coach" means any volunteer or employee of a school who is
22responsible for organizing and supervising students to teach
23them or train them in the fundamental skills of an
24interscholastic athletic activity. "Coach" refers to both head
25coaches and assistant coaches.
26    "Concussion" means a complex pathophysiological process

 

 

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1affecting the brain caused by a traumatic physical force or
2impact to the head or body, which may include temporary or
3prolonged altered brain function resulting in physical,
4cognitive, or emotional symptoms or altered sleep patterns and
5which may or may not involve a loss of consciousness.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Game official" means a person who officiates at an
9interscholastic athletic activity, such as a referee or umpire,
10including, but not limited to, persons enrolled as game
11officials by the Illinois High School Association or Illinois
12Elementary School Association.
13    "Interscholastic athletic activity" means any organized
14school-sponsored or school-sanctioned activity for students,
15generally outside of school instructional hours, under the
16direction of a coach, athletic director, or band leader,
17including, but not limited to, baseball, basketball,
18cheerleading, cross country track, fencing, field hockey,
19football, golf, gymnastics, ice hockey, lacrosse, marching
20band, rugby, soccer, skating, softball, swimming and diving,
21tennis, track (indoor and outdoor), ultimate Frisbee,
22volleyball, water polo, and wrestling. All interscholastic
23athletics are deemed to be interscholastic activities.
24    "Licensed healthcare professional" means a person who has
25experience with concussion management and who is a nurse, a
26psychologist who holds a license under the Clinical

 

 

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1Psychologist Licensing Act and specializes in the practice of
2neuropsychology, a physical therapist licensed under the
3Illinois Physical Therapy Act, an occupational therapist
4licensed under the Illinois Occupational Therapy Practice Act,
5a physician assistant, or an athletic trainer.
6    "Nurse" means a person who is employed by or volunteers at
7a school and is licensed under the Nurse Practice Act as a
8registered nurse, practical nurse, or advanced practice
9registered nurse.
10    "Physician" means a physician licensed to practice
11medicine in all of its branches under the Medical Practice Act
12of 1987.
13    "Physician assistant" means a physician assistant licensed
14under the Physician Assistant Practice Act of 1987.
15    "School" means any public or private elementary or
16secondary school, including a charter school.
17    "Student" means an adolescent or child enrolled in a
18school.
19    (c) This Section applies to any interscholastic athletic
20activity, including practice and competition, sponsored or
21sanctioned by a school, the Illinois Elementary School
22Association, or the Illinois High School Association. This
23Section applies beginning with the 2016-2017 school year.
24    (d) The governing body of each public or charter school and
25the appropriate administrative officer of a private school with
26students enrolled who participate in an interscholastic

 

 

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1athletic activity shall appoint or approve a concussion
2oversight team. Each concussion oversight team shall establish
3a return-to-play protocol, based on peer-reviewed scientific
4evidence consistent with Centers for Disease Control and
5Prevention guidelines, for a student's return to
6interscholastic athletics practice or competition following a
7force or impact believed to have caused a concussion. Each
8concussion oversight team shall also establish a
9return-to-learn protocol, based on peer-reviewed scientific
10evidence consistent with Centers for Disease Control and
11Prevention guidelines, for a student's return to the classroom
12after that student is believed to have experienced a
13concussion, whether or not the concussion took place while the
14student was participating in an interscholastic athletic
15activity.
16    Each concussion oversight team must include to the extent
17practicable at least one physician. If a school employs an
18athletic trainer, the athletic trainer must be a member of the
19school concussion oversight team to the extent practicable. If
20a school employs a nurse, the nurse must be a member of the
21school concussion oversight team to the extent practicable. At
22a minimum, a school shall appoint a person who is responsible
23for implementing and complying with the return-to-play and
24return-to-learn protocols adopted by the concussion oversight
25team. At a minimum, a concussion oversight team may be composed
26of only one person and this person need not be a licensed

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (4) For purposes of paragraph (2) of this subsection (h):
2        (A) a coach, game official, or non-licensed healthcare
3    professional, as the case may be, must take a course
4    described in paragraph (1) of this subsection (h);
5        (B) an athletic trainer must take a concussion-related
6    continuing education course from an athletic trainer
7    continuing education sponsor approved by the Department;
8        (C) a nurse must take a concussion-related continuing
9    education course from a nurse continuing education sponsor
10    approved by the Department;
11        (D) a physical therapist must take a
12    concussion-related continuing education course from a
13    physical therapist continuing education sponsor approved
14    by the Department;
15        (E) a psychologist must take a concussion-related
16    continuing education course from a psychologist continuing
17    education sponsor approved by the Department;
18        (F) an occupational therapist must take a
19    concussion-related continuing education course from an
20    occupational therapist continuing education sponsor
21    approved by the Department; and
22        (G) a physician assistant must take a
23    concussion-related continuing education course from a
24    physician assistant continuing education sponsor approved
25    by the Department.
26    (5) Each person described in paragraph (2) of this

 

 

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1subsection (h) must submit proof of timely completion of an
2approved course in compliance with paragraph (4) of this
3subsection (h) to the regional office of education or its
4designee in the case of a public elementary or secondary school
5or charter school district superintendent or the
6superintendent's designee in the case of a public elementary or
7secondary school, the chief school administrator or that
8person's designee in the case of a charter school, or the
9appropriate administrative officer or that person's designee
10in the case of a private school.
11    (6) A physician, licensed healthcare professional, or
12non-licensed healthcare professional who is not in compliance
13with the training requirements under this subsection (h) may
14not serve on a concussion oversight team in any capacity.
15    (7) A person required under this subsection (h) to take a
16training course in the subject of concussions must complete the
17training prior to serving on a concussion oversight team in any
18capacity.
19    (i) The governing body of each public or charter school and
20the appropriate administrative officer of a private school with
21students enrolled who participate in an interscholastic
22athletic activity shall develop a school-specific emergency
23action plan for interscholastic athletic activities to address
24the serious injuries and acute medical conditions in which the
25condition of the student may deteriorate rapidly. The plan
26shall include a delineation of roles, methods of communication,

 

 

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1available emergency equipment, and access to and a plan for
2emergency transport. This emergency action plan must be:
3        (1) in writing;
4        (2) reviewed by the concussion oversight team;
5        (3) approved by the regional office of education or its
6    designee in the case of a public elementary or secondary
7    school or charter school district superintendent or the
8    superintendent's designee in the case of a public
9    elementary or secondary school, the chief school
10    administrator or that person's designee in the case of a
11    charter school, or the appropriate administrative officer
12    or that person's designee in the case of a private school;
13        (4) distributed to all appropriate personnel;
14        (5) posted conspicuously at all venues utilized by the
15    school; and
16        (6) reviewed annually by all athletic trainers, first
17    responders, coaches, school nurses, athletic directors,
18    and volunteers for interscholastic athletic activities.
19    (j) The State Board of Education shall may adopt rules as
20necessary to administer this Section, including, but not
21limited to, rules governing the informal or formal
22accommodation of a student who may have sustained a concussion
23during an interscholastic athletic activity.
24(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
2599-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.
261-1-18; revised 9-22-17.)