Bill Text: IL HB4925 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the School Code. With regard to the provision governing concussion protocol during an interscholastic athletic activity, provides that the term "physician" includes a chiropractic physician licensed under the Medical Practice Act of 1987.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4925 Detail]

Download: Illinois-2017-HB4925-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4925 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-80
Amends the School Code. With regard to the provision governing concussion protocol during an interscholastic athletic activity, provides that the term "physician" includes a chiropractic physician licensed under the Medical Practice Act of 1987.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
22-80 as follows:
(105 ILCS 5/22-80)
Sec. 22-80. Student athletes; concussions and head
injuries.
(a) The General Assembly recognizes all of the following:
(1) Concussions are one of the most commonly reported
injuries in children and adolescents who participate in
sports and recreational activities. The Centers for
Disease Control and Prevention estimates that as many as
3,900,000 sports-related and recreation-related
concussions occur in the United States each year. A
concussion is caused by a blow or motion to the head or
body that causes the brain to move rapidly inside the
skull. The risk of catastrophic injuries or death are
significant when a concussion or head injury is not
properly evaluated and managed.
(2) Concussions are a type of brain injury that can
range from mild to severe and can disrupt the way the brain
normally works. Concussions can occur in any organized or

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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.

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"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,

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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 or a chiropractic physician licensed 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

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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

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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;

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(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

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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:

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(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

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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

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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

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(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

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the serious injuries and acute medical conditions in which the
condition of the student may deteriorate rapidly. The plan
shall include a delineation of roles, methods of communication,
available emergency equipment, and access to and a plan for
emergency transport. This emergency action plan must be:
(1) in writing;
(2) reviewed by the concussion oversight team;
(3) approved by the district superintendent or the
superintendent's designee in the case of a public
elementary or secondary school, the chief school
administrator or that person's designee in the case of a
charter school, or the appropriate administrative officer
or that person's designee in the case of a private school;
(4) distributed to all appropriate personnel;
(5) posted conspicuously at all venues utilized by the
school; and
(6) reviewed annually by all athletic trainers, first
responders, coaches, school nurses, athletic directors,
and volunteers for interscholastic athletic activities.
(j) The State Board of Education may adopt rules as
necessary to administer this Section.
(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.)