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Public Act 100-0747 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Public Health Powers and | ||||
Duties Law of the
Civil Administrative Code of Illinois is | ||||
amended by adding Section 2310-307 as follows: | ||||
(20 ILCS 2310/2310-307 new) | ||||
Sec. 2310-307. Concussion brochure. As used in this | ||||
Section, "concussion" and "interscholastic athletic activity" | ||||
have the meaning ascribed to those terms under Section 22-80 of | ||||
the School Code. The Department shall, subject to | ||||
appropriation, develop, publish, and disseminate a brochure to | ||||
educate the general public on the effects of concussions in | ||||
children and discuss how to look for concussion warning signs | ||||
in children, including, but not limited to, delays in the | ||||
learning development of 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. | ||||
Section 10. 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 | ||
registered 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), an athletic trainer, an advanced practice | ||
registered nurse, or a physician assistant; | ||
(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 athletic trainer, or | ||
the physician assistant 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 registered 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, | ||
athletic trainer's, advanced practice registered | ||
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, athletic trainer's, physician | ||
assistant's, or advanced practice registered | ||
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, the athletic trainer, | ||
the physician assistant, or the advanced practice | ||
registered 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, game officials, and non-licensed healthcare | ||
professionals, 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 an employee, | ||
representative, or agent of a school; and | ||
(C) a game official of an interscholastic athletic | ||
activity. | ||
(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, game official, or non-licensed healthcare |
professional, 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; | ||
(C) a nurse must take a concussion-related continuing | ||
education course from a nurse continuing education sponsor | ||
approved 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 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 complete the | ||
training prior to serving on a concussion oversight team in any | ||
capacity. | ||
(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 shall may adopt rules as | ||
necessary to administer this Section , 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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(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15; | ||
99-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff. | ||
1-1-18; revised 9-22-17.)
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