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Full Text of SB2878  99th General Assembly

SB2878sam003 99TH GENERAL ASSEMBLY

Sen. Chris Nybo

Filed: 3/22/2016

 

 


 

 


 
09900SB2878sam003LRB099 20707 AWJ 46485 a

1
AMENDMENT TO SENATE BILL 2878

2    AMENDMENT NO. ______. Amend Senate Bill 2878 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Epinephrine Auto-Injector Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Administer" means to directly apply an epinephrine
8auto-injector to the body of an individual.
9    "Authorized entity" means any entity or organization,
10other than a school covered under Section 22-30 of the School
11Code, in connection with or at which allergens capable of
12causing anaphylaxis may be present, including, but not limited
13to, independent contractors who provide student transportation
14to schools, recreation camps, colleges and universities, day
15care facilities, youth sports leagues, amusement parks,
16restaurants, sports arenas, and places of employment. The

 

 

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

 

 

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

 

 

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

 

 

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1Department shall approve training programs and list permitted
2training programs on the Department's Internet website.
 
3    Section 15. Costs. Whichever entity initiates the process
4of obtaining undesignated epinephrine auto-injectors and
5providing training to personnel for carrying and administering
6undesignated epinephrine auto-injectors shall pay for the
7costs of the undesignated epinephrine auto-injectors.
 
8    Section 20. Limitations. The use of an undesignated
9epinephrine auto-injector in accordance with the requirements
10of this Act does not constitute the practice of medicine or any
11other profession that requires medical licensure.
12    Nothing in this Act shall limit the amount of epinephrine
13auto-injectors that an authorized entity or individual may
14carry or maintain a supply of.
 
15    Section 65. Rulemaking. The Department shall adopt any
16rules necessary to implement and administer this Act.
 
17    Section 70. The State Police Act is amended by adding
18Section 40 as follows:
 
19    (20 ILCS 2610/40 new)
20    Sec. 40. Training; administration of epinephrine.
21    (a) This Section, along with Section 10.19 of the Illinois

 

 

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

 

 

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1    (e) The Department must establish a written policy to
2control the acquisition, storage, transportation,
3administration, and disposal of epinephrine auto-injectors
4before it allows any State Police officer to carry and
5administer epinephrine auto-injectors.
6    (f) A physician, physician's assistant with prescriptive
7authority, or advanced practice registered nurse with
8prescriptive authority may provide a standing protocol or
9prescription for epinephrine auto-injectors in the name of the
10Department to be maintained for use when necessary.
11    (g) When a State Police officer administers epinephrine
12auto-injector in good faith, the officer and the Department,
13and its employees and agents, incur no liability, except for
14willful and wanton conduct, as a result of any injury or death
15arising from the use of an epinephrine auto-injector.
 
16    Section 75. The Illinois Police Training Act is amended by
17adding Section 10.19 as follows:
 
18    (50 ILCS 705/10.19 new)
19    Sec. 10.19. Training; administration of epinephrine.
20    (a) This Section, along with Section 40 of the State Police
21Act, may be referred to as the Annie LeGere Law.
22    (b) For purposes of this Section, "epinephrine
23auto-injector" means a single-use device used for the automatic
24injection of a pre-measured dose of epinephrine into the human

 

 

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

 

 

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1under subsection (d) must establish a policy to control the
2acquisition, storage, transportation, administration, and
3disposal of epinephrine auto-injectors and to provide
4continued training in the administration of epinephrine
5auto-injectors.
6    (f) A physician, physician's assistant with prescriptive
7authority, or advanced practice registered nurse with
8prescriptive authority may provide a standing protocol or
9prescription for epinephrine auto-injectors in the name of a
10local governmental agency to be maintained for use when
11necessary.
12    (g) When a police officer administers an epinephrine
13auto-injector in good faith, the police officer and local
14governmental agency, and its employees and agents, incur no
15liability, except for willful and wanton conduct, as a result
16of any injury or death arising from the use of an epinephrine
17auto-injector.
 
18    Section 80. The School Code is amended by changing Section
1922-30 as follows:
 
20    (105 ILCS 5/22-30)
21    Sec. 22-30. Self-administration and self-carry of asthma
22medication and epinephrine auto-injectors; administration of
23undesignated epinephrine auto-injectors; administration of an
24opioid antagonist.

 

 

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

 

 

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1licensed physician assistant with prescriptive authority, or
2(iii) a licensed advanced practice nurse with prescriptive
3authority.
4    "Trained personnel" means any school employee or volunteer
5personnel authorized in Sections 10-22.34, 10-22.34a, and
610-22.34b of this Code who has completed training under
7subsection (g) of this Section to recognize and respond to
8anaphylaxis.
9    "Undesignated epinephrine auto-injector" means an
10epinephrine auto-injector prescribed in the name of a school
11district, public school, or nonpublic school.
12    (b) A school, whether public or nonpublic, must permit the
13self-administration and self-carry of asthma medication by a
14pupil with asthma or the self-administration and self-carry of
15an epinephrine auto-injector by a pupil, provided that:
16        (1) the parents or guardians of the pupil provide to
17    the school (i) written authorization from the parents or
18    guardians for (A) the self-administration and self-carry
19    of asthma medication or (B) the self-carry of asthma
20    medication or (ii) for (A) the self-administration and
21    self-carry of an epinephrine auto-injector or (B) the
22    self-carry of an epinephrine auto-injector, written
23    authorization from the pupil's physician, physician
24    assistant, or advanced practice nurse; and
25        (2) the parents or guardians of the pupil provide to
26    the school (i) the prescription label, which must contain

 

 

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

 

 

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1school may authorize a school nurse or trained personnel to do
2the following: (i) provide an undesignated epinephrine
3auto-injector to a student for self-administration only or any
4personnel authorized under a student's Individual Health Care
5Action Plan, Illinois Food Allergy Emergency Action Plan and
6Treatment Authorization Form, or plan pursuant to Section 504
7of the federal Rehabilitation Act of 1973 to administer to the
8student, that meets the student's prescription on file; (ii)
9administer an undesignated epinephrine auto-injector that
10meets the prescription on file to any student who has an
11Individual Health Care Action Plan, Illinois Food Allergy
12Emergency Action Plan and Treatment Authorization Form, or plan
13pursuant to Section 504 of the federal Rehabilitation Act of
141973 that authorizes the use of an epinephrine auto-injector;
15(iii) administer an undesignated epinephrine auto-injector to
16any person that the school nurse or trained personnel in good
17faith believes is having an anaphylactic reaction; and (iv)
18administer an opioid antagonist to any person that the school
19nurse or trained personnel in good faith believes is having an
20opioid overdose.
21    (c) The school district, public school, or nonpublic school
22must inform the parents or guardians of the pupil, in writing,
23that the school district, public school, or nonpublic school
24and its employees and agents, including a physician, physician
25assistant, or advanced practice nurse providing standing
26protocol or prescription for school epinephrine

 

 

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

 

 

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

 

 

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

 

 

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1personnel, or (iv) before or after normal school activities,
2such as while in before-school or after-school care on
3school-operated property. A school nurse or trained personnel
4may carry an opioid antagonist on their person while in school
5or at a school-sponsored activity.
6    (f) The school district, public school, or nonpublic school
7may maintain a supply of undesignated epinephrine
8auto-injectors in any secure location that is accessible
9before, during, and after school where an allergic person is
10most at risk, including, but not limited to, classrooms and
11lunchrooms. A physician, a physician assistant who has been
12delegated prescriptive authority in accordance with Section
137.5 of the Physician Assistant Practice Act of 1987, or an
14advanced practice nurse who has been delegated prescriptive
15authority in accordance with Section 65-40 of the Nurse
16Practice Act may prescribe undesignated epinephrine
17auto-injectors in the name of the school district, public
18school, or nonpublic school to be maintained for use when
19necessary. Any supply of epinephrine auto-injectors shall be
20maintained in accordance with the manufacturer's instructions.
21    The school district, public school, or nonpublic school may
22maintain a supply of an opioid antagonist in any secure
23location where an individual may have an opioid overdose. A
24health care professional who has been delegated prescriptive
25authority for opioid antagonists in accordance with Section
265-23 of the Alcoholism and Other Drug Abuse and Dependency Act

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the corresponding rules. It must include, but is not limited
2to:
3        (1) how to recognize symptoms of an opioid overdose;
4        (2) information on drug overdose prevention and
5    recognition;
6        (3) how to perform rescue breathing and resuscitation;
7        (4) how to respond to an emergency involving an opioid
8    overdose;
9        (5) opioid antagonist dosage and administration;
10        (6) the importance of calling 911;
11        (7) care for the overdose victim after administration
12    of the overdose antagonist;
13        (8) a test demonstrating competency of the knowledge
14    required to recognize an opioid overdose and administer a
15    dose of an opioid antagonist; and
16        (9) other criteria as determined in rules adopted
17    pursuant to this Section.
18    (i) Within 3 days after the administration of an
19undesignated epinephrine auto-injector by a school nurse,
20trained personnel, or a student at a school or school-sponsored
21activity, the school must report to the State Board of
22Education in a form and manner prescribed by the State Board
23the following information:
24        (1) age and type of person receiving epinephrine
25    (student, staff, visitor);
26        (2) any previously known diagnosis of a severe allergy;

 

 

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

 

 

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1    (j) By October 1, 2015 and every year thereafter, the State
2Board of Education shall submit a report to the General
3Assembly identifying the frequency and circumstances of
4epinephrine administration during the preceding academic year.
5Beginning with the 2017 report, the report shall also contain
6information on which school districts, public schools, and
7nonpublic schools maintain or have independent contractors
8providing transportation to students who maintain a supply of
9undesignated epinephrine auto-injectors. This report shall be
10published on the State Board's Internet website on the date the
11report is delivered to the General Assembly.
12    On or before October 1, 2016 and every year thereafter, the
13State Board shall submit a report to the General Assembly and
14the Department of Public Health identifying the frequency and
15circumstances of opioid antagonist administration during the
16preceding academic year. This report shall be published on the
17State Board's Internet website on the date the report is
18delivered to the General Assembly.
19    (k) The State Board of Education may adopt rules necessary
20to implement this Section.
21    (l) Nothing in this Section shall limit the amount of
22epinephrine auto-injectors that any type of school or student
23may carry or maintain a supply of.
24(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
2599-480, eff. 9-9-15; revised 10-13-15.)
 

 

 

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1    Section 85. The Illinois Food, Drug and Cosmetic Act is
2amended by changing Section 3.21 as follows:
 
3    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
4    Sec. 3.21. Except as authorized by this Act, the Illinois
5Controlled Substances Act, the Pharmacy Practice Act, the
6Dental Practice Act, the Medical Practice Act of 1987, the
7Veterinary Medicine and Surgery Practice Act of 2004, the
8Podiatric Medical Practice Act of 1987, or Section 22-30 of the
9School Code, Section 40 of the State Police Act, or Section
1010.19 of the Illinois Police Training Act to sell or dispense a
11prescription drug without a prescription.
12(Source: P.A. 99-78, eff. 7-20-15.)
 
13    Section 90. 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 Sections 70 and 75 of
19this amendatory Act of the 99th General Assembly.".