Full Text of SB2038 100th General Assembly
SB2038 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2038 Introduced 2/10/2017, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
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Amends the School Code. In provisions concerning epinephrine administration, provides that epinephrine may be administered with a glass vial, auto-injector, ampule, or pre-filled syringe. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School code is amended by changing Section | 5 | | 22-30 as follows:
| 6 | | (105 ILCS 5/22-30)
| 7 | | Sec. 22-30. Self-administration and self-carry of asthma | 8 | | medication and epinephrine injectors auto-injectors ; | 9 | | administration of undesignated epinephrine injectors | 10 | | auto-injectors ; administration of an opioid antagonist; asthma | 11 | | episode emergency response protocol.
| 12 | | (a) For the purpose of this Section only, the following | 13 | | terms shall have the meanings set forth below:
| 14 | | "Asthma action plan" means a written plan developed with a | 15 | | pupil's medical provider to help control the pupil's asthma. | 16 | | The goal of an asthma action plan is to reduce or prevent | 17 | | flare-ups and emergency department visits through day-to-day | 18 | | management and to serve as a student-specific document to be | 19 | | referenced in the event of an asthma episode. | 20 | | "Asthma episode emergency response protocol" means a | 21 | | procedure to provide assistance to a pupil experiencing | 22 | | symptoms of wheezing, coughing, shortness of breath, chest | 23 | | tightness, or breathing difficulty. |
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| 1 | | "Asthma inhaler" means a quick reliever asthma inhaler. | 2 | | "Epinephrine auto-injector" means a single-use device used | 3 | | for the automatic injection of a pre-measured dose of | 4 | | epinephrine into the human body.
| 5 | | "Epinephrine injector" includes a glass vial, | 6 | | auto-injector, ampule, or pre-filled syringe. | 7 | | "Asthma medication" means a medicine, prescribed by (i) a | 8 | | physician
licensed to practice medicine in all its branches,
| 9 | | (ii) a licensed physician assistant with prescriptive | 10 | | authority , or (iii) a licensed advanced practice
nurse with | 11 | | prescriptive authority
for a pupil that pertains to the pupil's
| 12 | | asthma and that has an individual prescription label.
| 13 | | "Opioid antagonist" means a drug that binds to opioid | 14 | | receptors and blocks or inhibits the effect of opioids acting | 15 | | on those receptors, including, but not limited to, naloxone | 16 | | hydrochloride or any other similarly acting drug approved by | 17 | | the U.S. Food and Drug Administration. | 18 | | "School nurse" means a registered nurse working in a school | 19 | | with or without licensure endorsed in school nursing. | 20 | | "Self-administration" means a pupil's discretionary use of | 21 | | his or
her prescribed asthma medication or epinephrine injector | 22 | | auto-injector .
| 23 | | "Self-carry" means a pupil's ability to carry his or her | 24 | | prescribed asthma medication or epinephrine injector | 25 | | auto-injector . | 26 | | "Standing protocol" may be issued by (i) a physician |
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| 1 | | licensed to practice medicine in all its branches, (ii) a | 2 | | licensed physician assistant with prescriptive authority , or | 3 | | (iii) a licensed advanced practice nurse with prescriptive | 4 | | authority. | 5 | | "Trained personnel" means any school employee or volunteer | 6 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 7 | | 10-22.34b of this Code who has completed training under | 8 | | subsection (g) of this Section to recognize and respond to | 9 | | anaphylaxis. | 10 | | "Undesignated epinephrine injector auto-injector " means an | 11 | | epinephrine auto-injector , glass vial, ampule, or pre-filled | 12 | | syringe prescribed in the name of a school district, public | 13 | | school, or nonpublic school. | 14 | | (b) A school, whether public or nonpublic, must permit the
| 15 | | self-administration and self-carry of asthma
medication by a | 16 | | pupil with asthma or the self-administration and self-carry of | 17 | | an epinephrine injector auto-injector by a pupil, provided | 18 | | that:
| 19 | | (1) the parents or
guardians of the pupil provide to | 20 | | the school (i) written
authorization from the parents or | 21 | | guardians for (A) the self-administration and self-carry | 22 | | of asthma medication or (B) the self-carry of asthma | 23 | | medication or (ii) for (A) the self-administration and | 24 | | self-carry of an epinephrine injector auto-injector or (B) | 25 | | the self-carry of an epinephrine injector auto-injector , | 26 | | written authorization from the pupil's physician, |
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| 1 | | physician assistant, or advanced practice nurse; and
| 2 | | (2) the
parents or guardians of the pupil provide to | 3 | | the school (i) the prescription label, which must contain | 4 | | the name of the asthma medication, the prescribed dosage, | 5 | | and the time at which or circumstances under which the | 6 | | asthma medication is to be administered, or (ii) for the | 7 | | self-administration or self-carry of an epinephrine | 8 | | injector auto-injector , a
written
statement from the | 9 | | pupil's physician, physician assistant, or advanced | 10 | | practice
nurse containing
the following information:
| 11 | | (A) the name and purpose of the epinephrine | 12 | | injector auto-injector ;
| 13 | | (B) the prescribed dosage; and
| 14 | | (C) the time or times at which or the special | 15 | | circumstances
under which the epinephrine injector | 16 | | auto-injector is to be administered.
| 17 | | The information provided shall be kept on file in the office of | 18 | | the school
nurse or,
in the absence of a school nurse, the | 19 | | school's administrator.
| 20 | | (b-5) A school district, public school, or nonpublic school | 21 | | may authorize the provision of a student-specific or | 22 | | undesignated epinephrine injector auto-injector to a student | 23 | | or any personnel authorized under a student's Individual Health | 24 | | Care Action Plan, Illinois Food Allergy Emergency Action Plan | 25 | | and Treatment Authorization Form, or plan pursuant to Section | 26 | | 504 of the federal Rehabilitation Act of 1973 to administer an |
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| 1 | | epinephrine injector auto-injector to the student, that meets | 2 | | the student's prescription on file. | 3 | | (b-10) The school district, public school, or nonpublic | 4 | | school may authorize a school nurse or trained personnel to do | 5 | | the following: (i) provide an undesignated epinephrine | 6 | | injector auto-injector to a student for self-administration | 7 | | only or any personnel authorized under a student's Individual | 8 | | Health Care Action Plan, Illinois Food Allergy Emergency Action | 9 | | Plan and Treatment Authorization Form, or plan pursuant to | 10 | | Section 504 of the federal Rehabilitation Act of 1973 to | 11 | | administer to the student, that meets the student's | 12 | | prescription on file; (ii) administer an undesignated | 13 | | epinephrine injector auto-injector that meets the prescription | 14 | | on file to any student who has an Individual Health Care Action | 15 | | Plan, Illinois Food Allergy Emergency Action Plan and Treatment | 16 | | Authorization Form, or plan pursuant to Section 504 of the | 17 | | federal Rehabilitation Act of 1973 that authorizes the use of | 18 | | an epinephrine injector auto-injector ; (iii) administer an | 19 | | undesignated epinephrine injector auto-injector to any person | 20 | | that the school nurse or trained personnel in good faith | 21 | | believes is having an anaphylactic reaction; and (iv) | 22 | | administer an opioid antagonist to any person that the school | 23 | | nurse or trained personnel in good faith believes is having an | 24 | | opioid overdose. | 25 | | (c) The school district, public school, or nonpublic school | 26 | | must inform the parents or
guardians of the
pupil, in writing, |
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| 1 | | that the school district, public school, or nonpublic school | 2 | | and its
employees and
agents, including a physician, physician | 3 | | assistant, or advanced practice nurse providing standing | 4 | | protocol or prescription for school epinephrine injectors | 5 | | auto-injectors ,
are to incur no liability or professional | 6 | | discipline, except for willful and wanton conduct, as a result
| 7 | | of any injury arising from the
administration of asthma | 8 | | medication, an epinephrine injector auto-injector , or an | 9 | | opioid antagonist regardless of whether authorization was | 10 | | given by the pupil's parents or guardians or by the pupil's | 11 | | physician, physician assistant, or advanced practice nurse. | 12 | | The parents or guardians
of the pupil must sign a statement | 13 | | acknowledging that the school district, public school,
or | 14 | | nonpublic school and its employees and agents are to incur no | 15 | | liability, except for willful and wanton
conduct, as a result | 16 | | of any injury arising
from the
administration of asthma | 17 | | medication, an epinephrine injector auto-injector , or an | 18 | | opioid antagonist regardless of whether authorization was | 19 | | given by the pupil's parents or guardians or by the pupil's | 20 | | physician, physician assistant, or advanced practice nurse and | 21 | | that the parents or
guardians must indemnify and hold harmless | 22 | | the school district, public school, or nonpublic
school and
its
| 23 | | employees and agents against any claims, except a claim based | 24 | | on willful and
wanton conduct, arising out of the
| 25 | | administration of asthma medication, an epinephrine injector | 26 | | auto-injector , or an opioid antagonist regardless of whether |
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| 1 | | authorization was given by the pupil's parents or guardians or | 2 | | by the pupil's physician, physician assistant, or advanced | 3 | | practice nurse. | 4 | | (c-5) When a school nurse or trained personnel administers | 5 | | an undesignated epinephrine injector auto-injector to a person | 6 | | whom the school nurse or trained personnel in good faith | 7 | | believes is having an anaphylactic reaction or administers an | 8 | | opioid antagonist to a person whom the school nurse or trained | 9 | | personnel in good faith believes is having an opioid overdose, | 10 | | notwithstanding the lack of notice to the parents or guardians | 11 | | of the pupil or the absence of the parents or guardians signed | 12 | | statement acknowledging no liability, except for willful and | 13 | | wanton conduct, the school district, public school, or | 14 | | nonpublic school and its employees and agents, and a physician, | 15 | | a physician assistant, or an advanced practice nurse providing | 16 | | standing protocol or prescription for undesignated epinephrine | 17 | | injectors auto-injectors , are to incur no liability or | 18 | | professional discipline, except for willful and wanton | 19 | | conduct, as a result of any injury arising from the use of an | 20 | | undesignated epinephrine injector auto-injector or the use of | 21 | | an opioid antagonist regardless of whether authorization was | 22 | | given by the pupil's parents or guardians or by the pupil's | 23 | | physician, physician assistant, or advanced practice nurse.
| 24 | | (d) The permission for self-administration and self-carry | 25 | | of asthma medication or the self-administration and self-carry | 26 | | of an epinephrine injector auto-injector is effective
for the |
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| 1 | | school year for which it is granted and shall be renewed each
| 2 | | subsequent school year upon fulfillment of the requirements of | 3 | | this
Section.
| 4 | | (e) Provided that the requirements of this Section are | 5 | | fulfilled, a
pupil with asthma may self-administer and | 6 | | self-carry his or her asthma medication or a pupil may | 7 | | self-administer and self-carry an epinephrine injector | 8 | | auto-injector (i) while in
school, (ii) while at a | 9 | | school-sponsored activity, (iii) while under the
supervision | 10 | | of
school personnel, or (iv) before or after normal school | 11 | | activities, such
as while in before-school or after-school care | 12 | | on school-operated
property or while being transported on a | 13 | | school bus.
| 14 | | (e-5) Provided that the requirements of this Section are | 15 | | fulfilled, a school nurse or trained personnel may administer | 16 | | an undesignated epinephrine injector auto-injector to any | 17 | | person whom the school nurse or trained personnel in good faith | 18 | | believes to be having an anaphylactic reaction (i) while in | 19 | | school, (ii) while at a school-sponsored activity, (iii) while | 20 | | under the supervision of school personnel, or (iv) before or | 21 | | after normal school activities, such
as while in before-school | 22 | | or after-school care on school-operated property or while being | 23 | | transported on a school bus. A school nurse or trained | 24 | | personnel may carry undesignated epinephrine injectors | 25 | | auto-injectors on his or her person while in school or at a | 26 | | school-sponsored activity. |
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| 1 | | (e-10) Provided that the requirements of this Section are | 2 | | fulfilled, a school nurse or trained personnel may administer | 3 | | an opioid antagonist to any person whom the school nurse or | 4 | | trained personnel in good faith believes to be having an opioid | 5 | | overdose (i) while in school, (ii) while at a school-sponsored | 6 | | activity, (iii) while under the supervision of school | 7 | | personnel, or (iv) before or after normal school activities, | 8 | | such as while in before-school or after-school care on | 9 | | school-operated property. A school nurse or trained personnel | 10 | | may carry an opioid antagonist on their person while in school | 11 | | or at a school-sponsored activity. | 12 | | (f) The school district, public school, or nonpublic school | 13 | | may maintain a supply of undesignated epinephrine injectors | 14 | | auto-injectors in any secure location that is accessible | 15 | | before, during, and after school where an allergic person is | 16 | | most at risk, including, but not limited to, classrooms and | 17 | | lunchrooms. A physician, a physician assistant who has been | 18 | | delegated prescriptive authority in accordance with Section | 19 | | 7.5 of the Physician Assistant Practice Act of 1987, or an | 20 | | advanced practice nurse who has been delegated prescriptive | 21 | | authority in accordance with Section 65-40 of the Nurse | 22 | | Practice Act may prescribe undesignated epinephrine injectors | 23 | | auto-injectors in the name of the school district, public | 24 | | school, or nonpublic school to be maintained for use when | 25 | | necessary. Any supply of epinephrine injectors auto-injectors | 26 | | shall be maintained in accordance with the manufacturer's |
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| 1 | | instructions. | 2 | | The school district, public school, or nonpublic school may | 3 | | maintain a supply of an opioid antagonist in any secure | 4 | | location where an individual may have an opioid overdose. A | 5 | | health care professional who has been delegated prescriptive | 6 | | authority for opioid antagonists in accordance with Section | 7 | | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | 8 | | may prescribe opioid antagonists in the name of the school | 9 | | district, public school, or nonpublic school, to be maintained | 10 | | for use when necessary. Any supply of opioid antagonists shall | 11 | | be maintained in accordance with the manufacturer's | 12 | | instructions. | 13 | | (f-3) Whichever entity initiates the process of obtaining | 14 | | undesignated epinephrine injectors auto-injectors and | 15 | | providing training to personnel for carrying and administering | 16 | | undesignated epinephrine injectors auto-injectors shall pay | 17 | | for the costs of the undesignated epinephrine injectors | 18 | | auto-injectors . | 19 | | (f-5) Upon any administration of an epinephrine injector | 20 | | auto-injector , a school district, public school, or nonpublic | 21 | | school must immediately activate the EMS system and notify the | 22 | | student's parent, guardian, or emergency contact, if known. | 23 | | Upon any administration of an opioid antagonist, a school | 24 | | district, public school, or nonpublic school must immediately | 25 | | activate the EMS system and notify the student's parent, | 26 | | guardian, or emergency contact, if known. |
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| 1 | | (f-10) Within 24 hours of the administration of an | 2 | | undesignated epinephrine injector auto-injector , a school | 3 | | district, public school, or nonpublic school must notify the | 4 | | physician, physician assistant, or advanced practice nurse who | 5 | | provided the standing protocol or prescription for the | 6 | | undesignated epinephrine injector auto-injector of its use. | 7 | | Within 24 hours after the administration of an opioid | 8 | | antagonist, a school district, public school, or nonpublic | 9 | | school must notify the health care professional who provided | 10 | | the prescription for the opioid antagonist of its use. | 11 | | (g) Prior to the administration of an undesignated | 12 | | epinephrine injector auto-injector , trained personnel must | 13 | | submit to their school's administration proof of completion of | 14 | | a training curriculum to recognize and respond to anaphylaxis | 15 | | that meets the requirements of subsection (h) of this Section. | 16 | | Training must be completed annually. their The school district, | 17 | | public school, or nonpublic school must maintain records | 18 | | related to the training curriculum and trained personnel. | 19 | | Prior to the administration of an opioid antagonist, | 20 | | trained personnel must submit to their school's administration | 21 | | proof of completion of a training curriculum to recognize and | 22 | | respond to an opioid overdose, which curriculum must meet the | 23 | | requirements of subsection (h-5) of this Section. Training must | 24 | | be completed annually. Trained personnel must also submit to | 25 | | the school's administration proof of cardiopulmonary | 26 | | resuscitation and automated external defibrillator |
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| 1 | | certification. The school district, public school, or | 2 | | nonpublic school must maintain records relating to the training | 3 | | curriculum and the trained personnel. | 4 | | (h) A training curriculum to recognize and respond to | 5 | | anaphylaxis, including the administration of an undesignated | 6 | | epinephrine injector auto-injector , may be conducted online or | 7 | | in person. | 8 | | Training shall include, but is not limited to: | 9 | | (1) how to recognize signs and symptoms of an allergic | 10 | | reaction, including anaphylaxis; | 11 | | (2) how to administer an epinephrine injector | 12 | | auto-injector ; and | 13 | | (3) a test demonstrating competency of the knowledge | 14 | | required to recognize anaphylaxis and administer an | 15 | | epinephrine injector auto-injector . | 16 | | Training may also include, but is not limited to: | 17 | | (A) a review of high-risk areas within a school and its | 18 | | related facilities; | 19 | | (B) steps to take to prevent exposure to allergens; | 20 | | (C) emergency follow-up procedures; | 21 | | (D) how to respond to a student with a known allergy, | 22 | | as well as a student with a previously unknown allergy; and | 23 | | (E) other criteria as determined in rules adopted | 24 | | pursuant to this Section. | 25 | | In consultation with statewide professional organizations | 26 | | representing physicians licensed to practice medicine in all of |
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| 1 | | its branches, registered nurses, and school nurses, the State | 2 | | Board of Education shall make available resource materials | 3 | | consistent with criteria in this subsection (h) for educating | 4 | | trained personnel to recognize and respond to anaphylaxis. The | 5 | | State Board may take into consideration the curriculum on this | 6 | | subject developed by other states, as well as any other | 7 | | curricular materials suggested by medical experts and other | 8 | | groups that work on life-threatening allergy issues. The State | 9 | | Board is not required to create new resource materials. The | 10 | | State Board shall make these resource materials available on | 11 | | its Internet website. | 12 | | (h-5) A training curriculum to recognize and respond to an | 13 | | opioid overdose, including the administration of an opioid | 14 | | antagonist, may be conducted online or in person. The training | 15 | | must comply with any training requirements under Section 5-23 | 16 | | of the Alcoholism and Other Drug Abuse and Dependency Act and | 17 | | the corresponding rules. It must include, but is not limited | 18 | | to: | 19 | | (1) how to recognize symptoms of an opioid overdose; | 20 | | (2) information on drug overdose prevention and | 21 | | recognition; | 22 | | (3) how to perform rescue breathing and resuscitation; | 23 | | (4) how to respond to an emergency involving an opioid | 24 | | overdose; | 25 | | (5) opioid antagonist dosage and administration; | 26 | | (6) the importance of calling 911; |
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| 1 | | (7) care for the overdose victim after administration | 2 | | of the overdose antagonist; | 3 | | (8) a test demonstrating competency of the knowledge | 4 | | required to recognize an opioid overdose and administer a | 5 | | dose of an opioid antagonist; and | 6 | | (9) other criteria as determined in rules adopted | 7 | | pursuant to this Section. | 8 | | (i) Within 3 days after the administration of an | 9 | | undesignated epinephrine injector auto-injector by a school | 10 | | nurse, trained personnel, or a student at a school or | 11 | | school-sponsored activity, the school must report to the State | 12 | | Board of Education in a form and manner prescribed by the State | 13 | | Board the following information: | 14 | | (1) age and type of person receiving epinephrine | 15 | | (student, staff, visitor); | 16 | | (2) any previously known diagnosis of a severe allergy; | 17 | | (3) trigger that precipitated allergic episode; | 18 | | (4) location where symptoms developed; | 19 | | (5) number of doses administered; | 20 | | (6) type of person administering epinephrine (school | 21 | | nurse, trained personnel, student); and | 22 | | (7) any other information required by the State Board. | 23 | | If a school district, public school, or nonpublic school | 24 | | maintains or has an independent contractor providing | 25 | | transportation to students who maintains a supply of | 26 | | undesignated epinephrine injectors auto-injectors , then the |
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| 1 | | school district, public school, or nonpublic school must report | 2 | | that information to the State Board of Education upon adoption | 3 | | or change of the policy of the school district, public school, | 4 | | nonpublic school, or independent contractor, in a manner as | 5 | | prescribed by the State Board. The report must include the | 6 | | number of undesignated epinephrine injectors auto-injectors in | 7 | | supply. | 8 | | (i-5) Within 3 days after the administration of an opioid | 9 | | antagonist by a school nurse or trained personnel, the school | 10 | | must report to the State Board of Education , in a form and | 11 | | manner prescribed by the State Board, the following | 12 | | information: | 13 | | (1) the age and type of person receiving the opioid | 14 | | antagonist (student, staff, or visitor); | 15 | | (2) the location where symptoms developed; | 16 | | (3) the type of person administering the opioid | 17 | | antagonist (school nurse or trained personnel); and | 18 | | (4) any other information required by the State Board. | 19 | | (j) By October 1, 2015 and every year thereafter, the State | 20 | | Board of Education shall submit a report to the General | 21 | | Assembly identifying the frequency and circumstances of | 22 | | epinephrine administration during the preceding academic year. | 23 | | Beginning with the 2017 report, the report shall also contain | 24 | | information on which school districts, public schools, and | 25 | | nonpublic schools maintain or have independent contractors | 26 | | providing transportation to students who maintain a supply of |
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| 1 | | undesignated epinephrine injectors auto-injectors . This report | 2 | | shall be published on the State Board's Internet website on the | 3 | | date the report is delivered to the General Assembly. | 4 | | (j-5) Annually, each school district, public school, | 5 | | charter school, or nonpublic school shall request an asthma | 6 | | action plan from the parents or guardians of a pupil with | 7 | | asthma. If provided, the asthma action plan must be kept on | 8 | | file in the office of the school nurse or, in the absence of a | 9 | | school nurse, the school administrator. Copies of the asthma | 10 | | action plan may be distributed to appropriate school staff who | 11 | | interact with the pupil on a regular basis, and, if applicable, | 12 | | may be attached to the pupil's federal Section 504 plan or | 13 | | individualized education program plan. | 14 | | (j-10) To assist schools with emergency response | 15 | | procedures for asthma, the State Board of Education, in | 16 | | consultation with statewide professional organizations with | 17 | | expertise in asthma management and a statewide organization | 18 | | representing school administrators, shall develop a model | 19 | | asthma episode emergency response protocol before September 1, | 20 | | 2016. Each school district, charter school, and nonpublic | 21 | | school shall adopt an asthma episode emergency response | 22 | | protocol before January 1, 2017 that includes all of the | 23 | | components of the State Board's model protocol. | 24 | | (j-15) Every 2 years, school personnel who work with pupils | 25 | | shall complete an in-person or online training program on the | 26 | | management of asthma, the prevention of asthma symptoms, and |
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| 1 | | emergency response in the school setting. In consultation with | 2 | | statewide professional organizations with expertise in asthma | 3 | | management, the State Board of Education shall make available | 4 | | resource materials for educating school personnel about asthma | 5 | | and emergency response in the school setting. | 6 | | (j-20) On or before October 1, 2016 and every year | 7 | | thereafter, the State Board of Education shall submit a report | 8 | | to the General Assembly and the Department of Public Health | 9 | | identifying the frequency and circumstances of opioid | 10 | | antagonist administration during the preceding academic year. | 11 | | This report shall be published on the State Board's Internet | 12 | | website on the date the report is delivered to the General | 13 | | Assembly. | 14 | | (k) The State Board of Education may adopt rules necessary | 15 | | to implement this Section. | 16 | | (l) Nothing in this Section shall limit the amount of | 17 | | epinephrine injectors auto-injectors that any type of school or | 18 | | student may carry or maintain a supply of. | 19 | | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; | 20 | | 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17; | 21 | | 99-843, eff. 8-19-16; revised 9-8-16.)
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