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| Public Act 100-0747
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| HB4226 Enrolled | LRB100 15846 AXK 30957 b |
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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:
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(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.
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Section 10. The School Code is amended by changing Section |
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22-80 as follows:
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(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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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; |
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(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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