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Public Act 102-1006


 

Public Act 1006 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1006
 
SB3127 EnrolledLRB102 22382 AWJ 31521 b

    AN ACT concerning emergency services.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Commemorative Dates Act is amended by
changing Section 148 as follows:
 
    (5 ILCS 490/148)
    Sec. 148. First Responder Mental Health Awareness Day. The
third Friday in May of each year is designated as First
Responder Mental Health Awareness Day, to be observed
throughout the State as a day to honor firefighters, police
officers, emergency medical dispatchers, and other first
responders who have lost their lives due to and suffer from
post-traumatic stress disorder, depression, and other mental
health issues.
(Source: P.A. 100-900, eff. 1-1-19.)
 
    Section 10. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-256 as follows:
 
    (20 ILCS 2310/2310-256)
    Sec. 2310-256. Public information campaign; statewide
response plans. The Department shall, whenever the State is
required by the federal government to implement a statewide
response plan to a national public health threat, conduct an
information campaign for the general public and for medical
professionals concerning the need for public participation in
the plan, the risks involved in inoculation or treatment, any
advisories concerning the need for medical consultation before
receiving inoculation or treatment, and the rights and
responsibilities of the general public, medical professionals,
and first responders, including, but not limited to, emergency
medical dispatchers, regarding the provision and receipt of
inoculation and treatment under the response plan.
(Source: P.A. 93-161, eff. 7-10-03.)
 
    Section 15. 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 is
    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 (including, but not limited to, emergency
    medical dispatchers), coaches, school nurses, athletic
    directors, and volunteers for interscholastic athletic
    activities.
    (j) The State Board of Education shall 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.
(Source: P.A. 100-309, eff. 9-1-17; 100-513, eff. 1-1-18;
100-747, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff.
7-12-19.)
 
    Section 20. The School Safety Drill Act is amended by
changing Section 5 as follows:
 
    (105 ILCS 128/5)
    Sec. 5. Definitions. In this Act:
    "First responder" means and includes all fire departments
and districts, law enforcement agencies and officials,
emergency medical responders, emergency medical dispatchers,
and emergency management officials involved in the execution
and documentation of the drills administered under this Act.
    "School" means a public or private facility that offers
elementary or secondary education to students under the age of
21. As used in this definition, "public facility" means a
facility operated by the State or by a unit of local
government. As used in this definition, "private facility"
means any non-profit, non-home-based, non-public elementary or
secondary school that is in compliance with Title VI of the
Civil Rights Act of 1964 and attendance at which satisfies the
requirements of Section 26-1 of the School Code. While more
than one school may be housed in a facility, for purposes of
this Act, the facility shall be considered a school. When a
school has more than one location, for purposes of this Act,
each different location shall be considered its own school.
    "School safety drill" means a pre-planned exercise
conducted by a school in accordance with the drills and
requirements set forth in this Act.
(Source: P.A. 94-600, eff. 8-16-05.)
 
    Section 25. The Suicide Prevention, Education, and
Treatment Act is amended by changing Section 15 as follows:
 
    (410 ILCS 53/15)
    Sec. 15. Suicide Prevention Alliance.
    (a) The Alliance is created as the official grassroots
creator, planner, monitor, and advocate for the Illinois
Suicide Prevention Strategic Plan. No later than one year
after the effective date of this amendatory Act of the 101st
General Assembly, the Alliance shall review, finalize, and
submit to the Governor and the General Assembly the 2020
Illinois Suicide Prevention Strategic Plan and appropriate
processes and outcome objectives for 10 overriding
recommendations and a timeline for reaching these objectives.
    (b) The Plan shall include:
        (1) recommendations from the most current National
    Suicide Prevention Strategy;
        (2) current research and experience into the
    prevention of suicide;
        (3) measures to encourage and assist health care
    systems and primary care providers to include suicide
    prevention as a core component of their services,
    including, but not limited to, implementing the Zero
    Suicide model; and
        (4) additional elements as determined appropriate by
    the Alliance.
    The Alliance shall review the statutorily prescribed
missions of major State mental health, health, aging, and
school mental health programs and recommend, as necessary and
appropriate, statutory changes to include suicide prevention
in the missions and procedures of those programs. The Alliance
shall prepare a report of that review, including its
recommendations, and shall submit the report to the Department
for inclusion in its annual report to the Governor and the
General Assembly.
    (c) The Director of Public Health shall appoint the
members of the Alliance. The membership of the Alliance shall
include, without limitation, representatives of statewide
organizations and other agencies that focus on the prevention
of suicide and the improvement of mental health treatment or
that provide suicide prevention or survivor support services.
Other disciplines that shall be considered for membership on
the Alliance include law enforcement, first responders
(including, but not limited to, emergency medical
dispatchers), faith-based community leaders, universities, and
survivors of suicide (families and friends who have lost
persons to suicide) as well as consumers of services of these
agencies and organizations.
    (d) The Alliance shall meet at least 4 times a year, and
more as deemed necessary, in various sites statewide in order
to foster as much participation as possible. The Alliance, a
steering committee, and core members of the full committee
shall monitor and guide the definition and direction of the
goals of the full Alliance, shall review and approve
productions of the plan, and shall meet before the full
Alliance meetings.
(Source: P.A. 101-331, eff. 8-9-19.)
 
    Section 30. The Cannabis Regulation and Tax Act is amended
by changing Section 5-25 as follows:
 
    (410 ILCS 705/5-25)
    Sec. 5-25. Department of Public Health to make health
warning recommendations.
    (a) The Department of Public Health shall make
recommendations to the Department of Agriculture and the
Department of Financial and Professional Regulation on
appropriate health warnings for dispensaries and advertising,
which may apply to all cannabis products, including item-type
specific labeling or warning requirements, regulate the
facility where cannabis-infused products are made, regulate
cannabis-infused products as provided in subsection (e) of
Section 55-5, and facilitate the Adult Use Cannabis Health
Advisory Committee.
    (b) An Adult Use Cannabis Health Advisory Committee is
hereby created and shall meet at least twice annually. The
Chairperson may schedule meetings more frequently upon his or
her initiative or upon the request of a Committee member.
Meetings may be held in person or by teleconference. The
Committee shall discuss and monitor changes in drug use data
in Illinois and the emerging science and medical information
relevant to the health effects associated with cannabis use
and may provide recommendations to the Department of Human
Services about public health awareness campaigns and messages.
The Committee shall include the following members appointed by
the Governor and shall represent the geographic, ethnic, and
racial diversity of the State:
        (1) The Director of Public Health, or his or her
    designee, who shall serve as the Chairperson.
        (2) The Secretary of Human Services, or his or her
    designee, who shall serve as the Co-Chairperson.
        (3) A representative of the poison control center.
        (4) A pharmacologist.
        (5) A pulmonologist.
        (6) An emergency room physician.
        (7) An emergency medical technician, paramedic,
    emergency medical dispatcher, or other first responder.
        (8) A nurse practicing in a school-based setting.
        (9) A psychologist.
        (10) A neonatologist.
        (11) An obstetrician-gynecologist.
        (12) A drug epidemiologist.
        (13) A medical toxicologist.
        (14) An addiction psychiatrist.
        (15) A pediatrician.
        (16) A representative of a statewide professional
    public health organization.
        (17) A representative of a statewide hospital/health
    system association.
        (18) An individual registered as a patient in the
    Compassionate Use of Medical Cannabis Program.
        (19) An individual registered as a caregiver in the
    Compassionate Use of Medical Cannabis Program.
        (20) A representative of an organization focusing on
    cannabis-related policy.
        (21) A representative of an organization focusing on
    the civil liberties of individuals who reside in Illinois.
        (22) A representative of the criminal defense or civil
    aid community of attorneys serving Disproportionately
    Impacted Areas.
        (23) A representative of licensed cannabis business
    establishments.
        (24) A Social Equity Applicant.
        (25) A representative of a statewide community-based
    substance use disorder treatment provider association.
        (26) A representative of a statewide community-based
    mental health treatment provider association.
        (27) A representative of a community-based substance
    use disorder treatment provider.
        (28) A representative of a community-based mental
    health treatment provider.
        (29) A substance use disorder treatment patient
    representative.
        (30) A mental health treatment patient representative.
    (c) The Committee shall provide a report by September 30,
2021, and every year thereafter, to the General Assembly. The
Department of Public Health shall make the report available on
its website.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
    Section 35. The Methamphetamine Precursor Control Act is
amended by changing Section 5 as follows:
 
    (720 ILCS 648/5)
    Sec. 5. Purpose. The purpose of this Act is to reduce the
harm that methamphetamine manufacturing and manufacturers are
inflicting on individuals, families, communities, first
responders (including, but not limited to, emergency medical
dispatchers), the economy, and the environment in Illinois, by
making it more difficult for persons engaged in the unlawful
manufacture of methamphetamine and related activities to
obtain methamphetamine's essential ingredient, ephedrine or
pseudoephedrine. It is the intent of the General Assembly that
this Act operate in tandem with and be interpreted as
consistent with federal laws and regulations relating to the
subject matter of this Act to the greatest extent possible.
(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
 
    Section 40. The Mental Health Court Treatment Act is
amended by changing Section 40 as follows:
 
    (730 ILCS 168/40)
    Sec. 40. Mental health court; Kane County.
    (a) The mental health court currently operating in Kane
County is directed to demonstrate the impact of alternative
treatment court, crisis intervention training for first
responders (including, but not limited to, emergency medical
dispatchers), and assisted outpatient treatment in reducing
the number of mentally ill people admitted into the
correctional system. The mental health court in Kane County is
authorized to cooperate with one or more accredited mental
health service providers to provide services to defendants as
directed by the mental health court. The mental health court
in Kane County is authorized to cooperate with one or more
institutions of higher education to publish peer-reviewed
studies of the outcomes generated by the mental health court.
    (b) In this Section, "accredited mental health service
provider" refers to a provider of community mental health
services as authorized by subsection (d-5) of Section 3 of the
Community Services Act.
(Source: P.A. 97-440, eff. 1-1-12.)

Effective Date: 1/1/2023