Full Text of SB0219 99th General Assembly
SB0219sam001 99TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 8/19/2015
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| 1 | | AMENDMENT TO SENATE BILL 219
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 219 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 22-80 as follows: | 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 |
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| 1 | | body that causes the brain to move rapidly inside the | 2 | | skull. The risk of catastrophic injuries or death are | 3 | | significant when a concussion or head injury is not | 4 | | properly evaluated and managed. | 5 | | (2) Concussions are a type of brain injury that can | 6 | | range from mild to severe and can disrupt the way the brain | 7 | | normally works. Concussions can occur in any organized or | 8 | | unorganized sport or recreational activity and can result | 9 | | from a fall or from players colliding with each other, the | 10 | | ground, or with obstacles. Concussions occur with or | 11 | | without loss of consciousness, but the vast majority of | 12 | | concussions occur without loss of consciousness. | 13 | | (3) Continuing to play with a concussion or symptoms of | 14 | | a head injury leaves a young athlete especially vulnerable | 15 | | to greater injury and even death. The General Assembly | 16 | | recognizes that, despite having generally recognized | 17 | | return-to-play standards for concussions and head | 18 | | injuries, some affected youth athletes are prematurely | 19 | | returned to play, resulting in actual or potential physical | 20 | | injury or death to youth athletes in this State. | 21 | | (4) Student athletes who have sustained a concussion | 22 | | may need informal or formal accommodations, modifications | 23 | | of curriculum, and monitoring by medical or academic staff | 24 | | until the student is fully recovered. To that end, all | 25 | | schools are encouraged to establish a return-to-learn | 26 | | protocol that is based on peer-reviewed scientific |
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| 1 | | evidence consistent with Centers for Disease Control and | 2 | | Prevention guidelines and conduct baseline testing for | 3 | | student athletes. | 4 | | (b) In this Section: | 5 | | "Athletic trainer" means an athletic trainer licensed | 6 | | under the Illinois Athletic Trainers Practice Act. | 7 | | "Coach" means any volunteer or employee of a school who is | 8 | | responsible for organizing and supervising students to teach | 9 | | them or train them in the fundamental skills of an | 10 | | interscholastic athletic activity. "Coach" refers to both head | 11 | | coaches and assistant coaches. | 12 | | "Concussion" means a complex pathophysiological process | 13 | | affecting the brain caused by a traumatic physical force or | 14 | | impact to the head or body, which may include temporary or | 15 | | prolonged altered brain function resulting in physical, | 16 | | cognitive, or emotional symptoms or altered sleep patterns and | 17 | | which may or may not involve a loss of consciousness. | 18 | | "Department" means the Department of Financial and | 19 | | Professional Regulation. | 20 | | "Game official" means a person who officiates at an | 21 | | interscholastic athletic activity, such as a referee or umpire, | 22 | | including, but not limited to, persons enrolled as game | 23 | | officials by the Illinois High School Association or Illinois | 24 | | Elementary School Association. | 25 | | "Interscholastic athletic activity" means any organized | 26 | | school-sponsored or school-sanctioned activity for students, |
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| 1 | | generally outside of school instructional hours, under the | 2 | | direction of a coach, athletic director, or band leader, | 3 | | including, but not limited to, baseball, basketball, | 4 | | cheerleading, cross country track, fencing, field hockey, | 5 | | football, golf, gymnastics, ice hockey, lacrosse, marching | 6 | | band, rugby, soccer, skating, softball, swimming and diving, | 7 | | tennis, track (indoor and outdoor), ultimate Frisbee, | 8 | | volleyball, water polo, and wrestling. All interscholastic | 9 | | athletics are deemed to be interscholastic activities. | 10 | | "Licensed healthcare professional" means a person who has | 11 | | experience with concussion management and who is a nurse, a | 12 | | psychologist who holds a license under the Clinical | 13 | | Psychologist Licensing Act and specializes in the practice of | 14 | | neuropsychology, a physical therapist licensed under the | 15 | | Illinois Physical Therapy Act, an occupational therapist | 16 | | licensed under the Illinois Occupational Therapy Practice Act. | 17 | | "Nurse" means a person who is employed by or volunteers at | 18 | | a school and is licensed under the Nurse Practice Act as a | 19 | | registered nurse, practical nurse, or advanced practice nurse. | 20 | | "Physician" means a physician licensed to practice | 21 | | medicine in all of its branches under the Medical Practice Act | 22 | | of 1987. | 23 | | "School" means any public or private elementary or | 24 | | secondary school, including a charter school. | 25 | | "Student" means an adolescent or child enrolled in a | 26 | | school. |
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| 1 | | (c) This Section applies to any interscholastic athletic | 2 | | activity, including practice and competition, sponsored or | 3 | | sanctioned by a school, the Illinois Elementary School | 4 | | Association, or the Illinois High School Association. This | 5 | | Section applies beginning with the 2016-2017 2015-2016 school | 6 | | year. | 7 | | (d) The governing body of each public or charter school and | 8 | | the appropriate administrative officer of a private school with | 9 | | students enrolled who participate in an interscholastic | 10 | | athletic activity shall appoint or approve a concussion | 11 | | oversight team. Each concussion oversight team shall establish | 12 | | a return-to-play protocol, based on peer-reviewed scientific | 13 | | evidence consistent with Centers for Disease Control and | 14 | | Prevention guidelines, for a student's return to | 15 | | interscholastic athletics practice or competition following a | 16 | | force or impact believed to have caused a concussion. Each | 17 | | concussion oversight team shall also establish a | 18 | | return-to-learn protocol, based on peer-reviewed scientific | 19 | | evidence consistent with Centers for Disease Control and | 20 | | Prevention guidelines, for a student's return to the classroom | 21 | | after that student is believed to have experienced a | 22 | | concussion, whether or not the concussion took place while the | 23 | | student was participating in an interscholastic athletic | 24 | | activity. | 25 | | Each concussion oversight team must include to the extent | 26 | | practicable at least one physician. If a school employs an |
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| 1 | | athletic trainer, the athletic trainer must be a member of the | 2 | | school concussion oversight team to the extent practicable. If | 3 | | a school employs a nurse, the nurse must be a member of the | 4 | | school concussion oversight team to the extent practicable. At | 5 | | a minimum, a school shall appoint a person who is responsible | 6 | | for implementing and complying with the return-to-play and | 7 | | return-to-learn protocols protocals adopted by the concussion | 8 | | oversight team. A school may appoint other licensed healthcare | 9 | | professionals to serve on the concussion oversight team. | 10 | | (e) A student may not participate in an interscholastic | 11 | | athletic activity for a school year until the student and the | 12 | | student's parent or guardian or another person with legal | 13 | | authority to make medical decisions for the student have signed | 14 | | a form for that school year that acknowledges receiving and | 15 | | reading written information that explains concussion | 16 | | prevention, symptoms, treatment, and oversight and that | 17 | | includes guidelines for safely resuming participation in an | 18 | | athletic activity following a concussion. The form must be | 19 | | approved by the Illinois High School Association. | 20 | | (f) A student must be removed from an interscholastic | 21 | | athletics practice or competition immediately if one of the | 22 | | following persons believes the student might have sustained a | 23 | | concussion during the practice or competition: | 24 | | (1) a coach; | 25 | | (2) a physician; | 26 | | (3) a game official; |
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| 1 | | (4) an athletic trainer; | 2 | | (5) the student's parent or guardian or another person | 3 | | with legal authority to make medical decisions for the | 4 | | student; | 5 | | (6) the student; or | 6 | | (7) any other person deemed appropriate under the | 7 | | school's return-to-play protocol. | 8 | | (g) A student removed from an interscholastic athletics | 9 | | practice or competition under this Section may not be permitted | 10 | | to practice or compete again following the force or impact | 11 | | believed to have caused the concussion until: | 12 | | (1) the student has been evaluated, using established | 13 | | medical protocols based on peer-reviewed scientific | 14 | | evidence consistent with Centers for Disease Control and | 15 | | Prevention guidelines, by a treating physician (chosen by | 16 | | the student or the student's parent or guardian or another | 17 | | person with legal authority to make medical decisions for | 18 | | the student) or an athletic trainer working under the | 19 | | supervision of a physician; | 20 | | (2) the student has successfully completed each | 21 | | requirement of the return-to-play protocol established | 22 | | under this Section necessary for the student to return to | 23 | | play; | 24 | | (3) the student has successfully completed each | 25 | | requirement of the return-to-learn protocol established | 26 | | under this Section necessary for the student to return to |
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| 1 | | learn; | 2 | | (4) the treating physician or athletic trainer working | 3 | | under the supervision of a physician has provided a written | 4 | | statement indicating that, in the physician's professional | 5 | | judgment, it is safe for the student to return to play and | 6 | | return to learn; and | 7 | | (5) the student and the student's parent or guardian or | 8 | | another person with legal authority to make medical | 9 | | decisions for the student: | 10 | | (A) have acknowledged that the student has | 11 | | completed the requirements of the return-to-play and | 12 | | return-to-learn protocols necessary for the student to | 13 | | return to play; | 14 | | (B) have provided the treating physician's or | 15 | | athletic trainer's written statement under subdivision | 16 | | (4) of this subsection (g) to the person responsible | 17 | | 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.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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