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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Public Health Powers and | ||||||
5 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by adding Section 2310-307 as follows: | ||||||
7 | (20 ILCS 2310/2310-307 new) | ||||||
8 | Sec. 2310-307. Concussion brochure. As used in this | ||||||
9 | Section, "concussion" and "interscholastic athletic activity" | ||||||
10 | have the meaning ascribed to those terms under Section 22-80 of | ||||||
11 | the School Code. The Department shall, subject to | ||||||
12 | appropriation, develop, publish, and disseminate a brochure to | ||||||
13 | educate the general public on the effects of concussions in | ||||||
14 | children and discuss how to look for concussion warning signs | ||||||
15 | in children, including, but not limited to, delays in the | ||||||
16 | learning development of children. The brochure shall be | ||||||
17 | distributed free of charge by schools to any child or the | ||||||
18 | parent or guardian of a child who may have sustained a | ||||||
19 | concussion, regardless of whether or not the concussion | ||||||
20 | occurred while the child was participating in an | ||||||
21 | interscholastic athletic activity. | ||||||
22 | Section 10. The School Code is amended by changing Section |
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1 | 22-80 as follows: | ||||||
2 | (105 ILCS 5/22-80) | ||||||
3 | Sec. 22-80. Student athletes; concussions and head | ||||||
4 | injuries. | ||||||
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 | ||||||
19 | under the Illinois Athletic Trainers Practice Act who is | ||||||
20 | working under the supervision of a physician. | ||||||
21 | "Coach" means any volunteer or employee of a school who is | ||||||
22 | responsible for organizing and supervising students to teach | ||||||
23 | them or train them in the fundamental skills of an | ||||||
24 | interscholastic athletic activity. "Coach" refers to both head | ||||||
25 | coaches and assistant coaches. | ||||||
26 | "Concussion" means a complex pathophysiological process |
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1 | affecting the brain caused by a traumatic physical force or | ||||||
2 | impact to the head or body, which may include temporary or | ||||||
3 | prolonged altered brain function resulting in physical, | ||||||
4 | cognitive, or emotional symptoms or altered sleep patterns and | ||||||
5 | which may or may not involve a loss of consciousness. | ||||||
6 | "Department" means the Department of Financial and | ||||||
7 | Professional Regulation. | ||||||
8 | "Game official" means a person who officiates at an | ||||||
9 | interscholastic athletic activity, such as a referee or umpire, | ||||||
10 | including, but not limited to, persons enrolled as game | ||||||
11 | officials by the Illinois High School Association or Illinois | ||||||
12 | Elementary School Association. | ||||||
13 | "Interscholastic athletic activity" means any organized | ||||||
14 | school-sponsored or school-sanctioned activity for students, | ||||||
15 | generally outside of school instructional hours, under the | ||||||
16 | direction of a coach, athletic director, or band leader, | ||||||
17 | including, but not limited to, baseball, basketball, | ||||||
18 | cheerleading, cross country track, fencing, field hockey, | ||||||
19 | football, golf, gymnastics, ice hockey, lacrosse, marching | ||||||
20 | band, rugby, soccer, skating, softball, swimming and diving, | ||||||
21 | tennis, track (indoor and outdoor), ultimate Frisbee, | ||||||
22 | volleyball, water polo, and wrestling. All interscholastic | ||||||
23 | athletics are deemed to be interscholastic activities. | ||||||
24 | "Licensed healthcare professional" means a person who has | ||||||
25 | experience with concussion management and who is a nurse, a | ||||||
26 | psychologist who holds a license under the Clinical |
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1 | Psychologist Licensing Act and specializes in the practice of | ||||||
2 | neuropsychology, a physical therapist licensed under the | ||||||
3 | Illinois Physical Therapy Act, an occupational therapist | ||||||
4 | licensed under the Illinois Occupational Therapy Practice Act, | ||||||
5 | a physician assistant, or an athletic trainer. | ||||||
6 | "Nurse" means a person who is employed by or volunteers at | ||||||
7 | a school and is licensed under the Nurse Practice Act as a | ||||||
8 | registered nurse, practical nurse, or advanced practice | ||||||
9 | registered nurse. | ||||||
10 | "Physician" means a physician licensed to practice | ||||||
11 | medicine in all of its branches under the Medical Practice Act | ||||||
12 | of 1987. | ||||||
13 | "Physician assistant" means a physician assistant licensed | ||||||
14 | under the Physician Assistant Practice Act of 1987. | ||||||
15 | "School" means any public or private elementary or | ||||||
16 | secondary school, including a charter school. | ||||||
17 | "Student" means an adolescent or child enrolled in a | ||||||
18 | school. | ||||||
19 | (c) This Section applies to any interscholastic athletic | ||||||
20 | activity, including practice and competition, sponsored or | ||||||
21 | sanctioned by a school, the Illinois Elementary School | ||||||
22 | Association, or the Illinois High School Association. This | ||||||
23 | Section applies beginning with the 2016-2017 school year. | ||||||
24 | (d) The governing body of each public or charter school and | ||||||
25 | the appropriate administrative officer of a private school with | ||||||
26 | students enrolled who participate in an interscholastic |
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1 | athletic activity shall appoint or approve a concussion | ||||||
2 | oversight team. Each concussion oversight team shall establish | ||||||
3 | a return-to-play protocol, based on peer-reviewed scientific | ||||||
4 | evidence consistent with Centers for Disease Control and | ||||||
5 | Prevention guidelines, for a student's return to | ||||||
6 | interscholastic athletics practice or competition following a | ||||||
7 | force or impact believed to have caused a concussion. Each | ||||||
8 | concussion oversight team shall also establish a | ||||||
9 | return-to-learn protocol, based on peer-reviewed scientific | ||||||
10 | evidence consistent with Centers for Disease Control and | ||||||
11 | Prevention guidelines, for a student's return to the classroom | ||||||
12 | after that student is believed to have experienced a | ||||||
13 | concussion, whether or not the concussion took place while the | ||||||
14 | student was participating in an interscholastic athletic | ||||||
15 | activity. | ||||||
16 | Each concussion oversight team must include to the extent | ||||||
17 | practicable at least one physician. If a school employs an | ||||||
18 | athletic trainer, the athletic trainer must be a member of the | ||||||
19 | school concussion oversight team to the extent practicable. If | ||||||
20 | a school employs a nurse, the nurse must be a member of the | ||||||
21 | school concussion oversight team to the extent practicable. At | ||||||
22 | a minimum, a school shall appoint a person who is responsible | ||||||
23 | for implementing and complying with the return-to-play and | ||||||
24 | return-to-learn protocols adopted by the concussion oversight | ||||||
25 | team. At a minimum, a concussion oversight team may be composed | ||||||
26 | of only one person and this person need not be a licensed |
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1 | healthcare professional, but it may not be a coach. A school | ||||||
2 | may appoint other licensed healthcare professionals to serve on | ||||||
3 | the concussion oversight team. | ||||||
4 | (e) A student may not participate in an interscholastic | ||||||
5 | athletic activity for a school year until the student and the | ||||||
6 | student's parent or guardian or another person with legal | ||||||
7 | authority to make medical decisions for the student have signed | ||||||
8 | a form for that school year that acknowledges receiving and | ||||||
9 | reading written information that explains concussion | ||||||
10 | prevention, symptoms, treatment, and oversight and that | ||||||
11 | includes guidelines for safely resuming participation in an | ||||||
12 | athletic activity following a concussion. The form must be | ||||||
13 | approved by the Illinois High School Association. | ||||||
14 | (f) A student must be removed from an interscholastic | ||||||
15 | athletics practice or competition immediately if one of the | ||||||
16 | following persons believes the student might have sustained a | ||||||
17 | concussion 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 | ||||||
3 | practice or competition under this Section may not be permitted | ||||||
4 | to practice or compete again following the force or impact | ||||||
5 | believed 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 | ||||||
16 | authorize a student's return to play or return to learn. | ||||||
17 | The district superintendent or the superintendent's | ||||||
18 | designee in the case of a public elementary or secondary | ||||||
19 | school, the chief school administrator or that person's | ||||||
20 | designee in the case of a charter school, or the appropriate | ||||||
21 | administrative officer or that person's designee in the case of | ||||||
22 | a private school shall supervise an athletic trainer or other | ||||||
23 | person responsible for compliance with the return-to-play | ||||||
24 | protocol and shall supervise the person responsible for | ||||||
25 | compliance with the return-to-learn protocol. The person who | ||||||
26 | has supervisory responsibilities under this paragraph may not |
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1 | be a coach of an interscholastic athletics team. | ||||||
2 | (h)(1) The Illinois High School Association shall approve, | ||||||
3 | for coaches, game officials, and non-licensed healthcare | ||||||
4 | professionals, training courses that provide for not less than | ||||||
5 | 2 hours of training in the subject matter of concussions, | ||||||
6 | including evaluation, prevention, symptoms, risks, and | ||||||
7 | long-term effects. The Association shall maintain an updated | ||||||
8 | list of individuals and organizations authorized by the | ||||||
9 | Association to provide the training. | ||||||
10 | (2) The following persons must take a training course in | ||||||
11 | accordance with paragraph (4) of this subsection (h) from an | ||||||
12 | authorized training provider at least once every 2 years: | ||||||
13 | (A) a coach of an interscholastic athletic activity; | ||||||
14 | (B) a nurse, licensed healthcare professional, or | ||||||
15 | non-licensed healthcare professional who serves as a | ||||||
16 | member of a concussion oversight team either on a volunteer | ||||||
17 | basis or in his or her capacity as an employee, | ||||||
18 | representative, or agent of a school; and | ||||||
19 | (C) a game official of an interscholastic athletic | ||||||
20 | activity. | ||||||
21 | (3) A physician who serves as a member of a concussion | ||||||
22 | oversight team shall, to the greatest extent practicable, | ||||||
23 | periodically take an appropriate continuing medical education | ||||||
24 | course in the subject matter of concussions. | ||||||
25 | (4) For purposes of paragraph (2) of this subsection (h): | ||||||
26 | (A) a coach, game official, or non-licensed healthcare |
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1 | professional, as the case may be, must take a course | ||||||
2 | described in paragraph (1) of this subsection (h); | ||||||
3 | (B) an athletic trainer must take a concussion-related | ||||||
4 | continuing education course from an athletic trainer | ||||||
5 | continuing education sponsor approved by the Department; | ||||||
6 | (C) a nurse must take a concussion-related continuing | ||||||
7 | education course from a nurse continuing education sponsor | ||||||
8 | approved by the Department; | ||||||
9 | (D) a physical therapist must take a | ||||||
10 | concussion-related continuing education course from a | ||||||
11 | physical therapist continuing education sponsor approved | ||||||
12 | by the Department; | ||||||
13 | (E) a psychologist must take a concussion-related | ||||||
14 | continuing education course from a psychologist continuing | ||||||
15 | education sponsor approved by the Department; | ||||||
16 | (F) an occupational therapist must take a | ||||||
17 | concussion-related continuing education course from an | ||||||
18 | occupational therapist continuing education sponsor | ||||||
19 | approved by the Department; and | ||||||
20 | (G) a physician assistant must take a | ||||||
21 | concussion-related continuing education course from a | ||||||
22 | physician assistant continuing education sponsor approved | ||||||
23 | by the Department. | ||||||
24 | (5) Each person described in paragraph (2) of this | ||||||
25 | subsection (h) must submit proof of timely completion of an | ||||||
26 | approved course in compliance with paragraph (4) of this |
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1 | subsection (h) to the district superintendent or the | ||||||
2 | superintendent's designee in the case of a public elementary or | ||||||
3 | secondary school, the chief school administrator or that | ||||||
4 | person's designee in the case of a charter school, or the | ||||||
5 | appropriate administrative officer or that person's designee | ||||||
6 | in the case of a private school. | ||||||
7 | (6) A physician, licensed healthcare professional, or | ||||||
8 | non-licensed healthcare professional who is not in compliance | ||||||
9 | with the training requirements under this subsection (h) may | ||||||
10 | not serve on a concussion oversight team in any capacity. | ||||||
11 | (7) A person required under this subsection (h) to take a | ||||||
12 | training course in the subject of concussions must complete the | ||||||
13 | training prior to serving on a concussion oversight team in any | ||||||
14 | capacity. | ||||||
15 | (i) The governing body of each public or charter school and | ||||||
16 | the appropriate administrative officer of a private school with | ||||||
17 | students enrolled who participate in an interscholastic | ||||||
18 | athletic activity shall develop a school-specific emergency | ||||||
19 | action plan for interscholastic athletic activities to address | ||||||
20 | the serious injuries and acute medical conditions in which the | ||||||
21 | condition of the student may deteriorate rapidly. The plan | ||||||
22 | shall include a delineation of roles, methods of communication, | ||||||
23 | available emergency equipment, and access to and a plan for | ||||||
24 | emergency transport. This emergency action plan must be: | ||||||
25 | (1) in writing; | ||||||
26 | (2) reviewed by the concussion oversight team; |
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1 | (3) approved by the district superintendent or the | ||||||
2 | superintendent's designee in the case of a public | ||||||
3 | elementary or secondary school, the chief school | ||||||
4 | administrator or that person's designee in the case of a | ||||||
5 | charter school, or the appropriate administrative officer | ||||||
6 | or that person's designee in the case of a private school; | ||||||
7 | (4) distributed to all appropriate personnel; | ||||||
8 | (5) posted conspicuously at all venues utilized by the | ||||||
9 | school; and | ||||||
10 | (6) reviewed annually by all athletic trainers, first | ||||||
11 | responders, coaches, school nurses, athletic directors, | ||||||
12 | and volunteers for interscholastic athletic activities. | ||||||
13 | (j) The State Board of Education shall may adopt rules as | ||||||
14 | necessary to administer this Section , including, but not | ||||||
15 | limited to, rules governing the informal or formal | ||||||
16 | accommodation of a student who may have sustained a concussion | ||||||
17 | during an interscholastic athletic activity .
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18 | (Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15; | ||||||
19 | 99-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff. | ||||||
20 | 1-1-18; revised 9-22-17.)
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