Bill Text: IL SB1692 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code to make changes to provisions concerning student athletes and concussions and head injuries. Provides that a school may appoint a physician assistant to serve on its concussion oversight team. With respect to a student who has been removed from practice or competition practicing or competing again, provides for evaluation by an advanced practice nurse working under the supervision of a physician or by a physician assistant working under the supervision of a physician; makes related changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0309 [SB1692 Detail]
Download: Illinois-2017-SB1692-Introduced.html
Bill Title: Amends the School Code to make changes to provisions concerning student athletes and concussions and head injuries. Provides that a school may appoint a physician assistant to serve on its concussion oversight team. With respect to a student who has been removed from practice or competition practicing or competing again, provides for evaluation by an advanced practice nurse working under the supervision of a physician or by a physician assistant working under the supervision of a physician; makes related changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0309 [SB1692 Detail]
Download: Illinois-2017-SB1692-Introduced.html
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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 School Code is amended by changing Section | |||||||||||||||||||
5 | 22-80 as follows:
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6 | (105 ILCS 5/22-80) | |||||||||||||||||||
7 | Sec. 22-80. Student athletes; concussions and head | |||||||||||||||||||
8 | injuries. | |||||||||||||||||||
9 | (a) The General Assembly recognizes all of the following: | |||||||||||||||||||
10 | (1) Concussions are one of the most commonly reported | |||||||||||||||||||
11 | injuries in children and adolescents who participate in | |||||||||||||||||||
12 | sports and recreational activities. The Centers for | |||||||||||||||||||
13 | Disease Control and Prevention estimates that as many as | |||||||||||||||||||
14 | 3,900,000 sports-related and recreation-related | |||||||||||||||||||
15 | concussions occur in the United States each year. A | |||||||||||||||||||
16 | concussion is caused by a blow or motion to the head or | |||||||||||||||||||
17 | body that causes the brain to move rapidly inside the | |||||||||||||||||||
18 | skull. The risk of catastrophic injuries or death are | |||||||||||||||||||
19 | significant when a concussion or head injury is not | |||||||||||||||||||
20 | properly evaluated and managed. | |||||||||||||||||||
21 | (2) Concussions are a type of brain injury that can | |||||||||||||||||||
22 | range from mild to severe and can disrupt the way the brain | |||||||||||||||||||
23 | normally works. Concussions can occur in any organized or |
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1 | unorganized sport or recreational activity and can result | ||||||
2 | from a fall or from players colliding with each other, the | ||||||
3 | ground, or with obstacles. Concussions occur with or | ||||||
4 | without loss of consciousness, but the vast majority of | ||||||
5 | concussions occur without loss of consciousness. | ||||||
6 | (3) Continuing to play with a concussion or symptoms of | ||||||
7 | a head injury leaves a young athlete especially vulnerable | ||||||
8 | to greater injury and even death. The General Assembly | ||||||
9 | recognizes that, despite having generally recognized | ||||||
10 | return-to-play standards for concussions and head | ||||||
11 | injuries, some affected youth athletes are prematurely | ||||||
12 | returned to play, resulting in actual or potential physical | ||||||
13 | injury or death to youth athletes in this State. | ||||||
14 | (4) Student athletes who have sustained a concussion | ||||||
15 | may need informal or formal accommodations, modifications | ||||||
16 | of curriculum, and monitoring by medical or academic staff | ||||||
17 | until the student is fully recovered. To that end, all | ||||||
18 | schools are encouraged to establish a return-to-learn | ||||||
19 | protocol that is based on peer-reviewed scientific | ||||||
20 | evidence consistent with Centers for Disease Control and | ||||||
21 | Prevention guidelines and conduct baseline testing for | ||||||
22 | student athletes. | ||||||
23 | (b) In this Section: | ||||||
24 | "Athletic trainer" means an athletic trainer licensed | ||||||
25 | under the Illinois Athletic Trainers Practice Act. | ||||||
26 | "Coach" means any volunteer or employee of a school who is |
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1 | responsible for organizing and supervising students to teach | ||||||
2 | them or train them in the fundamental skills of an | ||||||
3 | interscholastic athletic activity. "Coach" refers to both head | ||||||
4 | coaches and assistant coaches. | ||||||
5 | "Concussion" means a complex pathophysiological process | ||||||
6 | affecting the brain caused by a traumatic physical force or | ||||||
7 | impact to the head or body, which may include temporary or | ||||||
8 | prolonged altered brain function resulting in physical, | ||||||
9 | cognitive, or emotional symptoms or altered sleep patterns and | ||||||
10 | which may or may not involve a loss of consciousness. | ||||||
11 | "Department" means the Department of Financial and | ||||||
12 | Professional Regulation. | ||||||
13 | "Game official" means a person who officiates at an | ||||||
14 | interscholastic athletic activity, such as a referee or umpire, | ||||||
15 | including, but not limited to, persons enrolled as game | ||||||
16 | officials by the Illinois High School Association or Illinois | ||||||
17 | Elementary School Association. | ||||||
18 | "Interscholastic athletic activity" means any organized | ||||||
19 | school-sponsored or school-sanctioned activity for students, | ||||||
20 | generally outside of school instructional hours, under the | ||||||
21 | direction of a coach, athletic director, or band leader, | ||||||
22 | including, but not limited to, baseball, basketball, | ||||||
23 | cheerleading, cross country track, fencing, field hockey, | ||||||
24 | football, golf, gymnastics, ice hockey, lacrosse, marching | ||||||
25 | band, rugby, soccer, skating, softball, swimming and diving, | ||||||
26 | tennis, track (indoor and outdoor), ultimate Frisbee, |
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1 | volleyball, water polo, and wrestling. All interscholastic | ||||||
2 | athletics are deemed to be interscholastic activities. | ||||||
3 | "Licensed healthcare professional" means a person who has | ||||||
4 | experience with concussion management and who is a nurse, a | ||||||
5 | psychologist who holds a license under the Clinical | ||||||
6 | Psychologist Licensing Act and specializes in the practice of | ||||||
7 | neuropsychology, a physical therapist licensed under the | ||||||
8 | Illinois Physical Therapy Act, an occupational therapist | ||||||
9 | licensed under the Illinois Occupational Therapy Practice Act , | ||||||
10 | or a physician assistant . | ||||||
11 | "Nurse" means a person who is employed by or volunteers at | ||||||
12 | a school and is licensed under the Nurse Practice Act as a | ||||||
13 | registered nurse, practical nurse, or advanced practice nurse. | ||||||
14 | "Physician" means a physician licensed to practice | ||||||
15 | medicine in all of its branches under the Medical Practice Act | ||||||
16 | of 1987. | ||||||
17 | "Physician assistant" means a physician assistant licensed | ||||||
18 | under the Physician Assistant Practice Act of 1987. | ||||||
19 | "School" means any public or private elementary or | ||||||
20 | secondary school, including a charter school. | ||||||
21 | "Student" means an adolescent or child enrolled in a | ||||||
22 | school. | ||||||
23 | (c) This Section applies to any interscholastic athletic | ||||||
24 | activity, including practice and competition, sponsored or | ||||||
25 | sanctioned by a school, the Illinois Elementary School | ||||||
26 | Association, or the Illinois High School Association. This |
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1 | Section applies beginning with the 2016-2017 school year. | ||||||
2 | (d) The governing body of each public or charter school and | ||||||
3 | the appropriate administrative officer of a private school with | ||||||
4 | students enrolled who participate in an interscholastic | ||||||
5 | athletic activity shall appoint or approve a concussion | ||||||
6 | oversight team. Each concussion oversight team shall establish | ||||||
7 | a return-to-play protocol, based on peer-reviewed scientific | ||||||
8 | evidence consistent with Centers for Disease Control and | ||||||
9 | Prevention guidelines, for a student's return to | ||||||
10 | interscholastic athletics practice or competition following a | ||||||
11 | force or impact believed to have caused a concussion. Each | ||||||
12 | concussion oversight team shall also establish a | ||||||
13 | return-to-learn protocol, based on peer-reviewed scientific | ||||||
14 | evidence consistent with Centers for Disease Control and | ||||||
15 | Prevention guidelines, for a student's return to the classroom | ||||||
16 | after that student is believed to have experienced a | ||||||
17 | concussion, whether or not the concussion took place while the | ||||||
18 | student was participating in an interscholastic athletic | ||||||
19 | activity. | ||||||
20 | Each concussion oversight team must include to the extent | ||||||
21 | practicable at least one physician. If a school employs an | ||||||
22 | athletic trainer, the athletic trainer must be a member of the | ||||||
23 | school concussion oversight team to the extent practicable. If | ||||||
24 | a school employs a nurse, the nurse must be a member of the | ||||||
25 | school concussion oversight team to the extent practicable. At | ||||||
26 | a minimum, a school shall appoint a person who is responsible |
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1 | for implementing and complying with the return-to-play and | ||||||
2 | return-to-learn protocols adopted by the concussion oversight | ||||||
3 | team. A school may appoint other licensed healthcare | ||||||
4 | professionals to serve on the concussion oversight team. | ||||||
5 | (e) A student may not participate in an interscholastic | ||||||
6 | athletic activity for a school year until the student and the | ||||||
7 | student's parent or guardian or another person with legal | ||||||
8 | authority to make medical decisions for the student have signed | ||||||
9 | a form for that school year that acknowledges receiving and | ||||||
10 | reading written information that explains concussion | ||||||
11 | prevention, symptoms, treatment, and oversight and that | ||||||
12 | includes guidelines for safely resuming participation in an | ||||||
13 | athletic activity following a concussion. The form must be | ||||||
14 | approved by the Illinois High School Association. | ||||||
15 | (f) A student must be removed from an interscholastic | ||||||
16 | athletics practice or competition immediately if one of the | ||||||
17 | following persons believes the student might have sustained a | ||||||
18 | concussion during the practice or competition: | ||||||
19 | (1) a coach; | ||||||
20 | (2) a physician; | ||||||
21 | (3) a game official; | ||||||
22 | (4) an athletic trainer; | ||||||
23 | (5) the student's parent or guardian or another person | ||||||
24 | with legal authority to make medical decisions for the | ||||||
25 | student; | ||||||
26 | (6) the student; or |
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1 | (7) any other person deemed appropriate under the | ||||||
2 | school's return-to-play protocol. | ||||||
3 | (g) A student removed from an interscholastic athletics | ||||||
4 | practice or competition under this Section may not be permitted | ||||||
5 | to practice or compete again following the force or impact | ||||||
6 | believed to have caused the concussion until: | ||||||
7 | (1) the student has been evaluated, using established | ||||||
8 | medical protocols based on peer-reviewed scientific | ||||||
9 | evidence consistent with Centers for Disease Control and | ||||||
10 | Prevention guidelines, by a treating physician (chosen by | ||||||
11 | the student or the student's parent or guardian or another | ||||||
12 | person with legal authority to make medical decisions for | ||||||
13 | the student) , or an athletic trainer working under the | ||||||
14 | supervision of a physician , an advanced practice nurse | ||||||
15 | working under the supervision of a physician, or a | ||||||
16 | physician assistant working under the supervision of a | ||||||
17 | physician ; | ||||||
18 | (2) the student has successfully completed each | ||||||
19 | requirement of the return-to-play protocol established | ||||||
20 | under this Section necessary for the student to return to | ||||||
21 | play; | ||||||
22 | (3) the student has successfully completed each | ||||||
23 | requirement of the return-to-learn protocol established | ||||||
24 | under this Section necessary for the student to return to | ||||||
25 | learn; | ||||||
26 | (4) either the treating physician or the athletic |
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1 | trainer , advanced practice nurse, or physician assistant | ||||||
2 | working under the supervision of a physician has provided a | ||||||
3 | written statement indicating that, in the physician's | ||||||
4 | professional judgment, it is safe for the student to return | ||||||
5 | to play and return to learn; and | ||||||
6 | (5) the student and the student's parent or guardian or | ||||||
7 | another person with legal authority to make medical | ||||||
8 | decisions for the student: | ||||||
9 | (A) have acknowledged that the student has | ||||||
10 | completed the requirements of the return-to-play and | ||||||
11 | return-to-learn protocols necessary for the student to | ||||||
12 | return to play; | ||||||
13 | (B) have provided the treating physician's , or | ||||||
14 | athletic trainer's , advanced practice nurse's, or | ||||||
15 | physician assistant's written statement under | ||||||
16 | subdivision (4) of this subsection (g) to the person | ||||||
17 | responsible for compliance with the return-to-play and | ||||||
18 | return-to-learn protocols under this subsection (g) | ||||||
19 | and the person who has supervisory responsibilities | ||||||
20 | under this subsection (g); and | ||||||
21 | (C) have signed a consent form indicating that the | ||||||
22 | person signing: | ||||||
23 | (i) has been informed concerning and consents | ||||||
24 | to the student participating in returning to play | ||||||
25 | in accordance with the return-to-play and | ||||||
26 | return-to-learn protocols; |
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1 | (ii) understands the risks associated with the | ||||||
2 | student returning to play and returning to learn | ||||||
3 | and will comply with any ongoing requirements in | ||||||
4 | the return-to-play and return-to-learn protocols; | ||||||
5 | and | ||||||
6 | (iii) consents to the disclosure to | ||||||
7 | appropriate persons, consistent with the federal | ||||||
8 | Health Insurance Portability and Accountability | ||||||
9 | Act of 1996 (Public Law 104-191), of the treating | ||||||
10 | physician's or athletic trainer's written | ||||||
11 | statement under subdivision (4) of this subsection | ||||||
12 | (g) and, if any, the return-to-play and | ||||||
13 | return-to-learn recommendations of the treating | ||||||
14 | physician or the athletic trainer, as the case may | ||||||
15 | be. | ||||||
16 | A coach of an interscholastic athletics team may not | ||||||
17 | authorize a student's return to play or return to learn. | ||||||
18 | The district superintendent or the superintendent's | ||||||
19 | designee in the case of a public elementary or secondary | ||||||
20 | school, the chief school administrator or that person's | ||||||
21 | designee in the case of a charter school, or the appropriate | ||||||
22 | administrative officer or that person's designee in the case of | ||||||
23 | a private school shall supervise an athletic trainer or other | ||||||
24 | person responsible for compliance with the return-to-play | ||||||
25 | protocol and shall supervise the person responsible for | ||||||
26 | compliance with the return-to-learn protocol. The person who |
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1 | has supervisory responsibilities under this paragraph may not | ||||||
2 | be a coach of an interscholastic athletics team. | ||||||
3 | (h)(1) The Illinois High School Association shall approve, | ||||||
4 | for coaches and game officials of interscholastic athletic | ||||||
5 | activities, training courses that provide for not less than 2 | ||||||
6 | hours of training in the subject matter of concussions, | ||||||
7 | including evaluation, prevention, symptoms, risks, and | ||||||
8 | long-term effects. The Association shall maintain an updated | ||||||
9 | list of individuals and organizations authorized by the | ||||||
10 | Association to provide the training. | ||||||
11 | (2) The following persons must take a training course in | ||||||
12 | accordance with paragraph (4) of this subsection (h) from an | ||||||
13 | authorized training provider at least once every 2 years: | ||||||
14 | (A) a coach of an interscholastic athletic activity; | ||||||
15 | (B) a nurse who serves as a member of a concussion | ||||||
16 | oversight team and is an employee, representative, or agent | ||||||
17 | of a school; | ||||||
18 | (C) a game official of an interscholastic athletic | ||||||
19 | activity; and | ||||||
20 | (D) a nurse who serves on a volunteer basis as a member | ||||||
21 | of a concussion oversight team for a school. | ||||||
22 | (3) A physician who serves as a member of a concussion | ||||||
23 | oversight team shall, to the greatest extent practicable, | ||||||
24 | periodically take an appropriate continuing medical education | ||||||
25 | course in the subject matter of concussions. | ||||||
26 | (4) For purposes of paragraph (2) of this subsection (h): |
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1 | (A) a coach or game officials, as the case may be, must | ||||||
2 | take a course described in paragraph (1) of this subsection | ||||||
3 | (h). | ||||||
4 | (B) an athletic trainer must take a concussion-related | ||||||
5 | continuing education course from an athletic trainer | ||||||
6 | continuing education sponsor approved by the Department; | ||||||
7 | and | ||||||
8 | (C) a nurse must take a course concerning the subject | ||||||
9 | matter of concussions that has been approved for continuing | ||||||
10 | education credit by the Department. | ||||||
11 | (5) Each person described in paragraph (2) of this | ||||||
12 | subsection (h) must submit proof of timely completion of an | ||||||
13 | approved course in compliance with paragraph (4) of this | ||||||
14 | subsection (h) to the district superintendent or the | ||||||
15 | superintendent's designee in the case of a public elementary or | ||||||
16 | secondary school, the chief school administrator or that | ||||||
17 | person's designee in the case of a charter school, or the | ||||||
18 | appropriate administrative officer or that person's designee | ||||||
19 | in the case of a private school. | ||||||
20 | (6) A physician, athletic trainer, or nurse who is not in | ||||||
21 | compliance with the training requirements under this | ||||||
22 | subsection (h) may not serve on a concussion oversight team in | ||||||
23 | any capacity. | ||||||
24 | (7) A person required under this subsection (h) to take a | ||||||
25 | training course in the subject of concussions must initially | ||||||
26 | complete the training not later than September 1, 2016. |
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1 | (i) The governing body of each public or charter school and | ||||||
2 | the appropriate administrative officer of a private school with | ||||||
3 | students enrolled who participate in an interscholastic | ||||||
4 | athletic activity shall develop a school-specific emergency | ||||||
5 | action plan for interscholastic athletic activities to address | ||||||
6 | the serious injuries and acute medical conditions in which the | ||||||
7 | condition of the student may deteriorate rapidly. The plan | ||||||
8 | shall include a delineation of roles, methods of communication, | ||||||
9 | available emergency equipment, and access to and a plan for | ||||||
10 | emergency transport. This emergency action plan must be: | ||||||
11 | (1) in writing; | ||||||
12 | (2) reviewed by the concussion oversight team; | ||||||
13 | (3) approved by the district superintendent or the | ||||||
14 | superintendent's designee in the case of a public | ||||||
15 | elementary or secondary school, the chief school | ||||||
16 | administrator or that person's designee in the case of a | ||||||
17 | charter school, or the appropriate administrative officer | ||||||
18 | or that person's designee in the case of a private school; | ||||||
19 | (4) distributed to all appropriate personnel; | ||||||
20 | (5) posted conspicuously at all venues utilized by the | ||||||
21 | school; and | ||||||
22 | (6) reviewed annually by all athletic trainers, first | ||||||
23 | responders, coaches, school nurses, athletic directors, | ||||||
24 | and volunteers for interscholastic athletic activities. | ||||||
25 | (j) The State Board of Education may adopt rules as | ||||||
26 | necessary to administer this Section.
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1 | (Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15; | ||||||
2 | 99-642, eff. 7-28-16.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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