Illinois General Assembly - Full Text of HB4462
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Full Text of HB4462  99th General Assembly

HB4462ham004 99TH GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 4/11/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4462

2    AMENDMENT NO. ______. Amend House Bill 4462, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Epinephrine Auto-Injector Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Administer" means to directly apply an epinephrine
9auto-injector to the body of an individual.
10    "Authorized entity" means any entity or organization,
11other than a school covered under Section 22-30 of the School
12Code, in connection with or at which allergens capable of
13causing anaphylaxis may be present, including, but not limited
14to, independent contractors who provide student transportation
15to schools, recreation camps, colleges and universities, day
16care facilities, youth sports leagues, amusement parks,

 

 

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1restaurants, sports arenas, and places of employment. The
2Department shall, by rule, determine what constitutes a day
3care facility under this definition.
4    "Department" means the Department of Public Health.
5    "Epinephrine auto-injector" means a single-use device used
6for the automatic injection of a pre-measured dose of
7epinephrine into the human body.
8    "Health care practitioner" means a physician licensed to
9practice medicine in all its branches under the Medical
10Practice Act of 1987, a physician assistant under the Physician
11Assistant Practice Act of 1987 with prescriptive authority, or
12an advanced practice nurse with prescribing authority under
13Article 65 of the Nurse Practice Act.
14    "Pharmacist" has the meaning given to that term under
15subsection (k-5) of Section 3 of the Pharmacy Practice Act.
16    "Undesignated epinephrine auto-injector" means an
17epinephrine auto-injector prescribed in the name of an
18authorized entity.
 
19    Section 10. Prescription to authorized entity; use;
20training.
21    (a) A health care practitioner may prescribe epinephrine
22auto-injectors in the name of an authorized entity for use in
23accordance with this Act, and pharmacists and health care
24practitioners may dispense epinephrine auto-injectors pursuant
25to a prescription issued in the name of an authorized entity.

 

 

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1Such prescriptions shall be valid for a period of 2 years.
2    (b) An authorized entity may acquire and stock a supply of
3undesignated epinephrine auto-injectors pursuant to a
4prescription issued under subsection (a) of this Section. Such
5undesignated epinephrine auto-injectors shall be stored in a
6location readily accessible in an emergency and in accordance
7with the instructions for use of the epinephrine
8auto-injectors. The Department may establish any additional
9requirements an authorized entity must follow under this Act.
10    (c) An employee or agent of an authorized entity or other
11individual who has completed training under subsection (d) of
12this Section may:
13        (1) provide an epinephrine auto-injector to any
14    individual on the property of the authorized entity whom
15    the employee, agent, or other individual believes in good
16    faith is experiencing anaphylaxis, or to the parent,
17    guardian, or caregiver of such individual, for immediate
18    administration, regardless of whether the individual has a
19    prescription for an epinephrine auto-injector or has
20    previously been diagnosed with an allergy; or
21        (2) administer an epinephrine auto-injector to any
22    individual on the property of the authorized entity whom
23    the employee, agent, or other individual believes in good
24    faith is experiencing anaphylaxis, regardless of whether
25    the individual has a prescription for an epinephrine
26    auto-injector or has previously been diagnosed with an

 

 

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1    allergy.
2    (d) An employee, agent, or other individual authorized must
3complete an anaphylaxis training program before he or she is
4able to provide or administer an epinephrine auto-injector
5under this Section. Such training shall be valid for a period
6of 2 years and shall be conducted by a nationally recognized
7organization experienced in training laypersons in emergency
8health treatment. The Department shall include links to
9training providers' websites on its website.
10    Training shall include, but is not limited to:
11        (1) how to recognize signs and symptoms of an allergic
12    reaction, including anaphylaxis;
13        (2) how to administer an epinephrine auto-injector;
14    and
15        (3) a test demonstrating competency of the knowledge
16    required to recognize anaphylaxis and administer an
17    epinephrine auto-injector.
18    Training may also include, but is not limited to:
19        (A) a review of high-risk areas on the authorized
20    entity's property and its related facilities;
21        (B) steps to take to prevent exposure to allergens;
22        (C) emergency follow-up procedures; and
23        (D) other criteria as determined in rules adopted
24    pursuant to this Act.
25    Training may be conducted either online or in person. The
26Department shall approve training programs and list permitted

 

 

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1training programs on the Department's Internet website.
 
2    Section 15. Costs. Whichever entity initiates the process
3of obtaining undesignated epinephrine auto-injectors and
4providing training to personnel for carrying and administering
5undesignated epinephrine auto-injectors shall pay for the
6costs of the undesignated epinephrine auto-injectors.
 
7    Section 20. Limitations. The use of an undesignated
8epinephrine auto-injector in accordance with the requirements
9of this Act does not constitute the practice of medicine or any
10other profession that requires medical licensure.
11    Nothing in this Act shall limit the amount of epinephrine
12auto-injectors that an authorized entity or individual may
13carry or maintain a supply of.
 
14    Section 85. Rulemaking. The Department shall adopt any
15rules necessary to implement and administer this Act.
 
16    Section 87. The State Police Act is amended by adding
17Section 40 as follows:
 
18    (20 ILCS 2610/40 new)
19    Sec. 40. Training; administration of epinephrine.
20    (a) This Section, along with Section 10.19 of the Illinois
21Police Training Act, may be referred to as the Annie LeGere

 

 

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1Law.
2    (b) For the purposes of this Section, "epinephrine
3auto-injector" means a single-use device used for the automatic
4injection of a pre-measured dose of epinephrine into the human
5body prescribed in the name of the Department.
6    (c) The Department may conduct or approve a training
7program for State Police officers to recognize and respond to
8anaphylaxis, including, but not limited to:
9        (1) how to recognize symptoms of an allergic reaction;
10        (2) how to respond to an emergency involving an
11    allergic reaction;
12        (3) how to administer an epinephrine auto-injector;
13        (4) how to respond to an individual with a known
14    allergy as well as an individual with a previously unknown
15    allergy;
16        (5) a test demonstrating competency of the knowledge
17    required to recognize anaphylaxis and administer an
18    epinephrine auto-injector; and
19        (6) other criteria as determined in rules adopted by
20    the Department.
21    (d) The Department may authorize a State Police officer who
22has completed the training program under subsection (c) to
23carry, administer, or assist with the administration of
24epinephrine auto-injectors whenever he or she is performing
25official duties.
26    (e) The Department must establish a written policy to

 

 

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1control the acquisition, storage, transportation,
2administration, and disposal of epinephrine auto-injectors
3before it allows any State Police officer to carry and
4administer epinephrine auto-injectors.
5    (f) A physician, physician's assistant with prescriptive
6authority, or advanced practice registered nurse with
7prescriptive authority may provide a standing protocol or
8prescription for epinephrine auto-injectors in the name of the
9Department to be maintained for use when necessary.
10    (g) When a State Police officer administers epinephrine
11auto-injector in good faith, the officer and the Department,
12and its employees and agents, incur no liability, except for
13willful and wanton conduct, as a result of any injury or death
14arising from the use of an epinephrine auto-injector.
 
15    Section 88. The Illinois Police Training Act is amended by
16adding Section 10.19 as follows:
 
17    (50 ILCS 705/10.19 new)
18    Sec. 10.19. Training; administration of epinephrine.
19    (a) This Section, along with Section 40 of the State Police
20Act, may be referred to as the Annie LeGere Law.
21    (b) For purposes of this Section, "epinephrine
22auto-injector" means a single-use device used for the automatic
23injection of a pre-measured dose of epinephrine into the human
24body prescribed in the name of a local governmental agency.

 

 

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1    (c) The Board shall conduct or approve an optional advanced
2training program for police officers to recognize and respond
3to anaphylaxis, including the administration of an epinephrine
4auto-injector. The training must include, but is not limited
5to:
6        (1) how to recognize symptoms of an allergic reaction;
7        (2) how to respond to an emergency involving an
8    allergic reaction;
9        (3) how to administer an epinephrine auto-injector;
10        (4) how to respond to an individual with a known
11    allergy as well as an individual with a previously unknown
12    allergy;
13        (5) a test demonstrating competency of the knowledge
14    required to recognize anaphylaxis and administer an
15    epinephrine auto-injector; and
16        (6) other criteria as determined in rules adopted by
17    the Board.
18    (d) A local governmental agency may authorize a police
19officer who has completed an optional advanced training program
20under subsection (c) to carry, administer, or assist with the
21administration of epinephrine auto-injectors provided by the
22local governmental agency whenever he or she is performing
23official duties.
24    (e) A local governmental agency that authorizes its
25officers to carry and administer epinephrine auto-injectors
26under subsection (d) must establish a policy to control the

 

 

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1acquisition, storage, transportation, administration, and
2disposal of epinephrine auto-injectors and to provide
3continued training in the administration of epinephrine
4auto-injectors.
5    (f) A physician, physician's assistant with prescriptive
6authority, or advanced practice registered nurse with
7prescriptive authority may provide a standing protocol or
8prescription for epinephrine auto-injectors in the name of a
9local governmental agency to be maintained for use when
10necessary.
11    (g) When a police officer administers an epinephrine
12auto-injector in good faith, the police officer and local
13governmental agency, and its employees and agents, incur no
14liability, except for willful and wanton conduct, as a result
15of any injury or death arising from the use of an epinephrine
16auto-injector.
 
17    Section 90. The School Code is amended by changing Section
1822-30 as follows:
 
19    (105 ILCS 5/22-30)
20    Sec. 22-30. Self-administration and self-carry of asthma
21medication and epinephrine auto-injectors; administration of
22undesignated epinephrine auto-injectors; administration of an
23opioid antagonist.
24    (a) For the purpose of this Section only, the following

 

 

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1terms shall have the meanings set forth below:
2    "Asthma inhaler" means a quick reliever asthma inhaler.
3    "Epinephrine auto-injector" means a single-use device used
4for the automatic injection of a pre-measured dose of
5epinephrine into the human body.
6    "Asthma medication" means a medicine, prescribed by (i) a
7physician licensed to practice medicine in all its branches,
8(ii) a licensed physician assistant with prescriptive
9authority, or (iii) a licensed advanced practice nurse with
10prescriptive authority for a pupil that pertains to the pupil's
11asthma and that has an individual prescription label.
12    "Opioid antagonist" means a drug that binds to opioid
13receptors and blocks or inhibits the effect of opioids acting
14on those receptors, including, but not limited to, naloxone
15hydrochloride or any other similarly acting drug approved by
16the U.S. Food and Drug Administration.
17    "School nurse" means a registered nurse working in a school
18with or without licensure endorsed in school nursing.
19    "Self-administration" means a pupil's discretionary use of
20his or her prescribed asthma medication or epinephrine
21auto-injector.
22    "Self-carry" means a pupil's ability to carry his or her
23prescribed asthma medication or epinephrine auto-injector.
24    "Standing protocol" may be issued by (i) a physician
25licensed to practice medicine in all its branches, (ii) a
26licensed physician assistant with prescriptive authority, or

 

 

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1(iii) a licensed advanced practice nurse with prescriptive
2authority.
3    "Trained personnel" means any school employee or volunteer
4personnel authorized in Sections 10-22.34, 10-22.34a, and
510-22.34b of this Code who has completed training under
6subsection (g) of this Section to recognize and respond to
7anaphylaxis.
8    "Undesignated epinephrine auto-injector" means an
9epinephrine auto-injector prescribed in the name of a school
10district, public school, or nonpublic school.
11    (b) A school, whether public or nonpublic, must permit the
12self-administration and self-carry of asthma medication by a
13pupil with asthma or the self-administration and self-carry of
14an epinephrine auto-injector by a pupil, provided that:
15        (1) the parents or guardians of the pupil provide to
16    the school (i) written authorization from the parents or
17    guardians for (A) the self-administration and self-carry
18    of asthma medication or (B) the self-carry of asthma
19    medication or (ii) for (A) the self-administration and
20    self-carry of an epinephrine auto-injector or (B) the
21    self-carry of an epinephrine auto-injector, written
22    authorization from the pupil's physician, physician
23    assistant, or advanced practice nurse; and
24        (2) the parents or guardians of the pupil provide to
25    the school (i) the prescription label, which must contain
26    the name of the asthma medication, the prescribed dosage,

 

 

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1    and the time at which or circumstances under which the
2    asthma medication is to be administered, or (ii) for the
3    self-administration or self-carry of an epinephrine
4    auto-injector, a written statement from the pupil's
5    physician, physician assistant, or advanced practice nurse
6    containing the following information:
7            (A) the name and purpose of the epinephrine
8        auto-injector;
9            (B) the prescribed dosage; and
10            (C) the time or times at which or the special
11        circumstances under which the epinephrine
12        auto-injector is to be administered.
13The information provided shall be kept on file in the office of
14the school nurse or, in the absence of a school nurse, the
15school's administrator.
16    (b-5) A school district, public school, or nonpublic school
17may authorize the provision of a student-specific or
18undesignated epinephrine auto-injector to a student or any
19personnel authorized under a student's Individual Health Care
20Action Plan, Illinois Food Allergy Emergency Action Plan and
21Treatment Authorization Form, or plan pursuant to Section 504
22of the federal Rehabilitation Act of 1973 to administer an
23epinephrine auto-injector to the student, that meets the
24student's prescription on file.
25    (b-10) The school district, public school, or nonpublic
26school may authorize a school nurse or trained personnel to do

 

 

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1the following: (i) provide an undesignated epinephrine
2auto-injector to a student for self-administration only or any
3personnel authorized under a student's Individual Health Care
4Action Plan, Illinois Food Allergy Emergency Action Plan and
5Treatment Authorization Form, or plan pursuant to Section 504
6of the federal Rehabilitation Act of 1973 to administer to the
7student, that meets the student's prescription on file; (ii)
8administer an undesignated epinephrine auto-injector that
9meets the prescription on file to any student who has an
10Individual Health Care Action Plan, Illinois Food Allergy
11Emergency Action Plan and Treatment Authorization Form, or plan
12pursuant to Section 504 of the federal Rehabilitation Act of
131973 that authorizes the use of an epinephrine auto-injector;
14(iii) administer an undesignated epinephrine auto-injector to
15any person that the school nurse or trained personnel in good
16faith believes is having an anaphylactic reaction; and (iv)
17administer an opioid antagonist to any person that the school
18nurse or trained personnel in good faith believes is having an
19opioid overdose.
20    (c) The school district, public school, or nonpublic school
21must inform the parents or guardians of the pupil, in writing,
22that the school district, public school, or nonpublic school
23and its employees and agents, including a physician, physician
24assistant, or advanced practice nurse providing standing
25protocol or prescription for school epinephrine
26auto-injectors, are to incur no liability or professional

 

 

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1discipline, except for willful and wanton conduct, as a result
2of any injury arising from the administration of asthma
3medication, an epinephrine auto-injector, or an opioid
4antagonist regardless of whether authorization was given by the
5pupil's parents or guardians or by the pupil's physician,
6physician assistant, or advanced practice nurse. The parents or
7guardians of the pupil must sign a statement acknowledging that
8the school district, public school, or nonpublic school and its
9employees and agents are to incur no liability, except for
10willful and wanton conduct, as a result of any injury arising
11from the administration of asthma medication, an epinephrine
12auto-injector, or an opioid antagonist regardless of whether
13authorization was given by the pupil's parents or guardians or
14by the pupil's physician, physician assistant, or advanced
15practice nurse and that the parents or guardians must indemnify
16and hold harmless the school district, public school, or
17nonpublic school and its employees and agents against any
18claims, except a claim based on willful and wanton conduct,
19arising out of the administration of asthma medication, an
20epinephrine auto-injector, or an opioid antagonist regardless
21of whether authorization was given by the pupil's parents or
22guardians or by the pupil's physician, physician assistant, or
23advanced practice nurse.
24    (c-5) When a school nurse or trained personnel administers
25an undesignated epinephrine auto-injector to a person whom the
26school nurse or trained personnel in good faith believes is

 

 

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1having an anaphylactic reaction, or administers an opioid
2antagonist to a person whom the school nurse or trained
3personnel in good faith believes is having an opioid overdose,
4notwithstanding the lack of notice to the parents or guardians
5of the pupil or the absence of the parents or guardians signed
6statement acknowledging no liability, except for willful and
7wanton conduct, the school district, public school, or
8nonpublic school and its employees and agents, and a physician,
9a physician assistant, or an advanced practice nurse providing
10standing protocol or prescription for undesignated epinephrine
11auto-injectors, are to incur no liability or professional
12discipline, except for willful and wanton conduct, as a result
13of any injury arising from the use of an undesignated
14epinephrine auto-injector or the use of an opioid antagonist
15regardless of whether authorization was given by the pupil's
16parents or guardians or by the pupil's physician, physician
17assistant, or advanced practice nurse.
18    (d) The permission for self-administration and self-carry
19of asthma medication or the self-administration and self-carry
20of an epinephrine auto-injector is effective for the school
21year for which it is granted and shall be renewed each
22subsequent school year upon fulfillment of the requirements of
23this Section.
24    (e) Provided that the requirements of this Section are
25fulfilled, a pupil with asthma may self-administer and
26self-carry his or her asthma medication or a pupil may

 

 

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1self-administer and self-carry an epinephrine auto-injector
2(i) while in school, (ii) while at a school-sponsored activity,
3(iii) while under the supervision of school personnel, or (iv)
4before or after normal school activities, such as while in
5before-school or after-school care on school-operated property
6or while being transported on a school bus.
7    (e-5) Provided that the requirements of this Section are
8fulfilled, a school nurse or trained personnel may administer
9an undesignated epinephrine auto-injector to any person whom
10the school nurse or trained personnel in good faith believes to
11be having an anaphylactic reaction (i) while in school, (ii)
12while at a school-sponsored activity, (iii) while under the
13supervision of school personnel, or (iv) before or after normal
14school activities, such as while in before-school or
15after-school care on school-operated property or while being
16transported on a school bus. A school nurse or trained
17personnel may carry undesignated epinephrine auto-injectors on
18his or her person while in school or at a school-sponsored
19activity.
20    (e-10) Provided that the requirements of this Section are
21fulfilled, a school nurse or trained personnel may administer
22an opioid antagonist to any person whom the school nurse or
23trained personnel in good faith believes to be having an opioid
24overdose (i) while in school, (ii) while at a school-sponsored
25activity, (iii) while under the supervision of school
26personnel, or (iv) before or after normal school activities,

 

 

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1such as while in before-school or after-school care on
2school-operated property. A school nurse or trained personnel
3may carry an opioid antagonist on their person while in school
4or at a school-sponsored activity.
5    (f) The school district, public school, or nonpublic school
6may maintain a supply of undesignated epinephrine
7auto-injectors in any secure location that is accessible
8before, during, and after school where an allergic person is
9most at risk, including, but not limited to, classrooms and
10lunchrooms. A physician, a physician assistant who has been
11delegated prescriptive authority in accordance with Section
127.5 of the Physician Assistant Practice Act of 1987, or an
13advanced practice nurse who has been delegated prescriptive
14authority in accordance with Section 65-40 of the Nurse
15Practice Act may prescribe undesignated epinephrine
16auto-injectors in the name of the school district, public
17school, or nonpublic school to be maintained for use when
18necessary. Any supply of epinephrine auto-injectors shall be
19maintained in accordance with the manufacturer's instructions.
20    The school district, public school, or nonpublic school may
21maintain a supply of an opioid antagonist in any secure
22location where an individual may have an opioid overdose. A
23health care professional who has been delegated prescriptive
24authority for opioid antagonists in accordance with Section
255-23 of the Alcoholism and Other Drug Abuse and Dependency Act
26may prescribe opioid antagonists in the name of the school

 

 

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1district, public school, or nonpublic school, to be maintained
2for use when necessary. Any supply of opioid antagonists shall
3be maintained in accordance with the manufacturer's
4instructions.
5    (f-3) Whichever entity initiates the process of obtaining
6undesignated epinephrine auto-injectors and providing training
7to personnel for carrying and administering undesignated
8epinephrine auto-injectors shall pay for the costs of the
9undesignated epinephrine auto-injectors.
10    (f-5) Upon any administration of an epinephrine
11auto-injector, a school district, public school, or nonpublic
12school must immediately activate the EMS system and notify the
13student's parent, guardian, or emergency contact, if known.
14    Upon any administration of an opioid antagonist, a school
15district, public school, or nonpublic school must immediately
16activate the EMS system and notify the student's parent,
17guardian, or emergency contact, if known.
18    (f-10) Within 24 hours of the administration of an
19undesignated epinephrine auto-injector, a school district,
20public school, or nonpublic school must notify the physician,
21physician assistant, or advanced advance practice nurse who
22provided the standing protocol or prescription for the
23undesignated epinephrine auto-injector of its use.
24    Within 24 hours after the administration of an opioid
25antagonist, a school district, public school, or nonpublic
26school must notify the health care professional who provided

 

 

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1the prescription for the opioid antagonist of its use.
2    (g) Prior to the administration of an undesignated
3epinephrine auto-injector, trained personnel must submit to
4their his or her school's administration proof of completion of
5a training curriculum to recognize and respond to anaphylaxis
6that meets the requirements of subsection (h) of this Section.
7Training must be completed annually. Trained personnel must
8also submit to his or her school's administration proof of
9cardiopulmonary resuscitation and automated external
10defibrillator certification. The school district, public
11school, or nonpublic school must maintain records related to
12the training curriculum and trained personnel.
13    Prior to the administration of an opioid antagonist,
14trained personnel must submit to their school's administration
15proof of completion of a training curriculum to recognize and
16respond to an opioid overdose, which curriculum must meet the
17requirements of subsection (h-5) of this Section. Training must
18be completed annually. Trained personnel must also submit to
19the school's administration proof of cardiopulmonary
20resuscitation and automated external defibrillator
21certification. The school district, public school, or
22nonpublic school must maintain records relating to the training
23curriculum and the trained personnel.
24    (h) A training curriculum to recognize and respond to
25anaphylaxis, including the administration of an undesignated
26epinephrine auto-injector, may be conducted online or in

 

 

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1person.
2    Training shall include, but is not limited to:
3        (1) how to recognize signs and symptoms of an allergic
4    reaction, including anaphylaxis;
5        (2) how to administer an epinephrine auto-injector;
6    and
7        (3) a test demonstrating competency of the knowledge
8    required to recognize anaphylaxis and administer an
9    epinephrine auto-injector.
10    Training may also include, but is not limited to:
11        (A) a review of high-risk areas within a school and its
12    related facilities;
13        (B) steps to take to prevent exposure to allergens;
14        (C) emergency follow-up procedures;
15        (D) how to respond to a student with a known allergy,
16    as well as a student with a previously unknown allergy; and
17        (E) other criteria as determined in rules adopted
18    pursuant to this Section. It must include, but is not
19    limited to:
20        (1) how to recognize symptoms of an allergic reaction;
21        (2) a review of high-risk areas within the school and
22    its related facilities;
23        (3) steps to take to prevent exposure to allergens;
24        (4) how to respond to an emergency involving an
25    allergic reaction;
26        (5) how to administer an epinephrine auto-injector;

 

 

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1        (6) how to respond to a student with a known allergy as
2    well as a student with a previously unknown allergy;
3        (7) a test demonstrating competency of the knowledge
4    required to recognize anaphylaxis and administer an
5    epinephrine auto-injector; and
6        (8) other criteria as determined in rules adopted
7    pursuant to this Section.
8    In consultation with statewide professional organizations
9representing physicians licensed to practice medicine in all of
10its branches, registered nurses, and school nurses, the State
11Board of Education shall make available resource materials
12consistent with criteria in this subsection (h) for educating
13trained personnel to recognize and respond to anaphylaxis. The
14State Board may take into consideration the curriculum on this
15subject developed by other states, as well as any other
16curricular materials suggested by medical experts and other
17groups that work on life-threatening allergy issues. The State
18Board is not required to create new resource materials. The
19State Board shall make these resource materials available on
20its Internet website.
21    (h-5) A training curriculum to recognize and respond to an
22opioid overdose, including the administration of an opioid
23antagonist, may be conducted online or in person. The training
24must comply with any training requirements under Section 5-23
25of the Alcoholism and Other Drug Abuse and Dependency Act and
26the corresponding rules. It must include, but is not limited

 

 

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1to:
2        (1) how to recognize symptoms of an opioid overdose;
3        (2) information on drug overdose prevention and
4    recognition;
5        (3) how to perform rescue breathing and resuscitation;
6        (4) how to respond to an emergency involving an opioid
7    overdose;
8        (5) opioid antagonist dosage and administration;
9        (6) the importance of calling 911;
10        (7) care for the overdose victim after administration
11    of the overdose antagonist;
12        (8) a test demonstrating competency of the knowledge
13    required to recognize an opioid overdose and administer a
14    dose of an opioid antagonist; and
15        (9) other criteria as determined in rules adopted
16    pursuant to this Section.
17    (i) Within 3 days after the administration of an
18undesignated epinephrine auto-injector by a school nurse,
19trained personnel, or a student at a school or school-sponsored
20activity, the school must report to the State Board of
21Education in a form and manner prescribed by the State Board
22the following information:
23        (1) age and type of person receiving epinephrine
24    (student, staff, visitor);
25        (2) any previously known diagnosis of a severe allergy;
26        (3) trigger that precipitated allergic episode;

 

 

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1        (4) location where symptoms developed;
2        (5) number of doses administered;
3        (6) type of person administering epinephrine (school
4    nurse, trained personnel, student); and
5        (7) any other information required by the State Board.
6    If a school district, public school, or nonpublic school
7maintains or has an independent contractor providing
8transportation to students who maintains a supply of
9undesignated epinephrine auto-injectors, then the school
10district, public school, or nonpublic school must report that
11information to the State Board of Education upon adoption or
12change of the policy of the school district, public school,
13nonpublic school, or independent contractor, in a manner as
14prescribed by the State Board. The report must include the
15number of undesignated epinephrine auto-injectors in supply.
16    (i-5) Within 3 days after the administration of an opioid
17antagonist by a school nurse or trained personnel, the school
18must report to the State Board, in a form and manner prescribed
19by the State Board, the following information:
20        (1) the age and type of person receiving the opioid
21    antagonist (student, staff, or visitor);
22        (2) the location where symptoms developed;
23        (3) the type of person administering the opioid
24    antagonist (school nurse or trained personnel); and
25        (4) any other information required by the State Board.
26    (j) By October 1, 2015 and every year thereafter, the State

 

 

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1Board of Education shall submit a report to the General
2Assembly identifying the frequency and circumstances of
3epinephrine administration during the preceding academic year.
4Beginning with the 2017 report, the report shall also contain
5information on which school districts, public schools, and
6nonpublic schools maintain or have independent contractors
7providing transportation to students who maintain a supply of
8undesignated epinephrine auto-injectors. This report shall be
9published on the State Board's Internet website on the date the
10report is delivered to the General Assembly.
11    On or before October 1, 2016 and every year thereafter, the
12State Board shall submit a report to the General Assembly and
13the Department of Public Health identifying the frequency and
14circumstances of opioid antagonist administration during the
15preceding academic year. This report shall be published on the
16State Board's Internet website on the date the report is
17delivered to the General Assembly.
18    (k) The State Board of Education may adopt rules necessary
19to implement this Section.
20    (l) Nothing in this Section shall limit the amount of
21epinephrine auto-injectors that any type of school or student
22may carry or maintain a supply of.
23(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
2499-480, eff. 9-9-15; revised 10-13-15.)
 
25    Section 95. The Illinois Food, Drug and Cosmetic Act is

 

 

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1amended by changing Section 3.21 as follows:
 
2    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
3    Sec. 3.21. Except as authorized by this Act, the Illinois
4Controlled Substances Act, the Pharmacy Practice Act, the
5Dental Practice Act, the Medical Practice Act of 1987, the
6Veterinary Medicine and Surgery Practice Act of 2004, the
7Podiatric Medical Practice Act of 1987, or Section 22-30 of the
8School Code, Section 40 of the State Police Act, Section 10.19
9of the Illinois Police Training Act, or the Epinephrine
10Auto-Injector Act, to sell or dispense a prescription drug
11without a prescription.
12(Source: P.A. 99-78, eff. 7-20-15.)
 
13    Section 100. The State Mandates Act is amended by adding
14Section 8.40 as follows:
 
15    (30 ILCS 805/8.40 new)
16    Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8
17of this Act, no reimbursement by the State is required for the
18implementation of any mandate created by Section 40 of the
19State Police Act and Section 10.19 of the Illinois Police
20Training Act.".