Full Text of SB2058 101st General Assembly
SB2058sam001 101ST GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 2058
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2058 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Park District Code is amended by adding | 5 | | Section 8-25 as follows: | 6 | | (70 ILCS 1205/8-25 new) | 7 | | Sec. 8-25. Administration of asthma medication, | 8 | | epinephrine injectors, and opioid antagonist in after-school | 9 | | programs or recreational camps; asthma episode emergency | 10 | | response protocol. | 11 | | (a) As used in this Section: | 12 | | "After-school program" means a program sponsored by a park | 13 | | district that is organized at the park district during the | 14 | | hours after school, during recess from school, or on weekends. | 15 | | These activities may include, but are not limited to, academic | 16 | | support, arts, music, sports, cultural enrichment, or other |
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| 1 | | recreation, health promotion and diseases prevention, life | 2 | | skills and work and career development, or youth leadership | 3 | | development. | 4 | | "Asthma action plan" means a written plan developed with a | 5 | | program participant's medical provider to help control the | 6 | | program participant's asthma. The goal of an asthma action plan | 7 | | is to reduce or prevent flare-ups and emergency department | 8 | | visits through day-to-day management and to serve as a program | 9 | | participant-specific document to be referenced in the event of | 10 | | an asthma episode. | 11 | | "Asthma episode emergency response protocol" means a | 12 | | procedure to provide assistance to a program participant | 13 | | experiencing symptoms of wheezing, coughing, shortness of | 14 | | breath, chest tightness, or breathing difficulty. | 15 | | "Asthma medication" means quick-relief asthma medication, | 16 | | including albuterol or other short-acting bronchodilators, | 17 | | that is approved by the United States Food and Drug | 18 | | Administration for the treatment of respiratory distress. | 19 | | "Asthma medication" includes medication delivered through a | 20 | | device, including a metered-dose inhaler with a reusable or | 21 | | disposable spacer or a nebulizer with a mouthpiece or mask. | 22 | | "Epinephrine injector" means an auto-injector approved by | 23 | | the United States Food and Drug Administration for the | 24 | | administration of epinephrine and a pre-filled syringe | 25 | | approved by the United States Food and Drug Administration and | 26 | | used for the administration of epinephrine that contains a |
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| 1 | | pre-measured dose of epinephrine that is equivalent to the | 2 | | dosages used in an auto-injector. | 3 | | "Opioid antagonist" means a drug that binds to opioid | 4 | | receptors and blocks or inhibits the effect of opioids acting | 5 | | on those receptors, including, but not limited to, naloxone | 6 | | hydrochloride or any other similarly acting drug approved by | 7 | | the U.S. Food and Drug Administration. | 8 | | "Program participant" means an individual participating in | 9 | | an after-school program or recreational camp. | 10 | | "Park district" means park districts organized under this | 11 | | Code or the Chicago Park District Act. | 12 | | "Respiratory distress" means the perceived or actual | 13 | | presence of wheezing, coughing, shortness of breath, chest | 14 | | tightness, breathing difficulty, or any other symptoms | 15 | | consistent with asthma. "Respiratory distress" may be | 16 | | categorized as "mild-to-moderate" or "severe". | 17 | | "Self-administration" means a program participant's | 18 | | discretionary use of his or her prescribed asthma medication or | 19 | | epinephrine injector. | 20 | | "Standing protocol" may be issued by (i) a physician | 21 | | licensed to practice medicine in all its branches, (ii) a | 22 | | licensed physician assistant with prescriptive authority, or | 23 | | (iii) a licensed advanced practice registered nurse with | 24 | | prescriptive authority. | 25 | | "Trained personnel" means any park district employee or | 26 | | volunteer who has completed training under subsection (i) to |
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| 1 | | recognize and respond to anaphylaxis, opioid overdose, and | 2 | | respiratory distress. | 3 | | "Undesignated asthma medication" means asthma medication | 4 | | prescribed in the name of a park district. | 5 | | "Undesignated epinephrine injector" means an epinephrine | 6 | | injector prescribed in the name of a park district. | 7 | | (b) The park district must train all personnel working at | 8 | | after-school programs or recreational camps as provided in | 9 | | subsections (m), (n), and (o) and, after training, trained | 10 | | personnel must: (i) provide an undesignated or program | 11 | | participant-specific epinephrine injector to a program | 12 | | participant for self-administration only that meets the | 13 | | program participant's prescription on file; (ii) administer an | 14 | | undesignated or program participant-specific epinephrine | 15 | | injector that meets the prescription on file to any program | 16 | | participant who has an Individual Health Care Action Plan, | 17 | | Illinois Food Allergy Emergency Action Plan and Treatment | 18 | | Authorization Form, plan pursuant to Section 504 of the federal | 19 | | Rehabilitation Act of 1973, or individualized education | 20 | | program plan that authorizes the use of an epinephrine | 21 | | injector; (iii) administer an undesignated or program | 22 | | participant-specific epinephrine injector to a program | 23 | | participant that the
trained personnel in good faith believes | 24 | | is having an anaphylactic reaction; (iv) administer an opioid | 25 | | antagonist to a program participant that the trained personnel | 26 | | in good faith believes is having an opioid overdose; (v) |
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| 1 | | provide undesignated or program participant-specific asthma | 2 | | medication to a program participant for self-administration | 3 | | only that meets the program participant's prescription on file; | 4 | | (vi) administer undesignated or program participant-specific | 5 | | asthma medication that meets the prescription on file to any | 6 | | program participant who has an Individual Health Care Action | 7 | | Plan, asthma action plan, plan pursuant to Section 504 of the | 8 | | federal Rehabilitation Act of 1973, or individualized | 9 | | education program plan that authorizes the use of asthma | 10 | | medication; and (vii) administer undesignated or program | 11 | | participant-specific asthma medication to a program | 12 | | participant that the trained personnel believes in good faith | 13 | | is having respiratory distress. | 14 | | Trained personnel is not required to administer an | 15 | | undesignated or program participant-specific epinephrine | 16 | | injector, an opioid antagonist, or an undesignated or program | 17 | | participant-specific asthma medication to a program | 18 | | participant if the program participant indicates that they will | 19 | | self-administer. Trained personnel may administer an | 20 | | undesignated or program participant-specific epinephrine | 21 | | injector, an opioid antagonist, or an undesignated or program | 22 | | participant-specific asthma medication to any person that is | 23 | | not a program participant on park district property or at a | 24 | | park district activity if the trained personnel in good faith | 25 | | believes the person is in need of the undesignated or program | 26 | | participant-specific epinephrine injector, an opioid |
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| 1 | | antagonist, or an undesignated or program participant-specific | 2 | | asthma medication. | 3 | | (c) The park district must inform the parents or guardians | 4 | | of the program participant, in writing, that the park district | 5 | | and its employees and agents, including a physician, physician | 6 | | assistant, or advanced practice registered nurse providing a | 7 | | standing protocol and a prescription for park district | 8 | | undesignated epinephrine injectors, an opioid antagonist, or | 9 | | undesignated asthma medication, are to incur no liability or | 10 | | professional discipline, except for willful and wanton | 11 | | conduct, as a result of any injury arising from the | 12 | | administration of asthma medication, an epinephrine injector, | 13 | | or an opioid antagonist regardless of whether authorization was | 14 | | given by the program participant's parents or guardians or by | 15 | | the program participant's physician, physician assistant, or | 16 | | advanced practice registered nurse. The parents or guardians of | 17 | | the program participant must sign a statement acknowledging | 18 | | that the park district and its employees and agents are to | 19 | | incur no liability, except for willful and wanton conduct, as a | 20 | | result of any injury arising from the administration of asthma | 21 | | medication, an epinephrine injector, or an opioid antagonist | 22 | | regardless of whether authorization was given by the program | 23 | | participant's parents or guardians or by the program | 24 | | participant's physician, physician assistant, or advanced | 25 | | practice registered nurse and that the parents or guardians | 26 | | must indemnify and hold harmless the park district and its |
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| 1 | | employees and agents against any claims, except a claim based | 2 | | on willful and wanton conduct, arising out of the | 3 | | administration of asthma medication, an epinephrine injector, | 4 | | or an opioid antagonist regardless of whether authorization was | 5 | | given by the program participant's parents or guardians or by | 6 | | the program participant's physician, physician assistant, or | 7 | | advanced practice registered nurse. | 8 | | (d) When trained personnel administers an undesignated or | 9 | | program participant-specific epinephrine injector to a person | 10 | | whom the trained personnel in good faith believes is having an | 11 | | anaphylactic reaction, administers an opioid antagonist to a | 12 | | person whom the trained personnel in good faith believes is | 13 | | having an opioid overdose, or administers undesignated or | 14 | | program participant-specific asthma medication to a person | 15 | | whom the trained personnel in good faith believes is having | 16 | | respiratory distress, notwithstanding the lack of notice to the | 17 | | parents or guardians of the program participant or the absence | 18 | | of the parents or guardians signed statement acknowledging no | 19 | | liability, except for willful and wanton conduct, the park | 20 | | district and its employees and agents, including a physician, a | 21 | | physician assistant, or an advanced practice registered nurse | 22 | | providing standing protocol and a prescription for | 23 | | undesignated or program participant-specific epinephrine | 24 | | injectors, an opioid antagonist, or undesignated or program | 25 | | participant-specific asthma medication, are to incur no | 26 | | liability or professional discipline, except for willful and |
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| 1 | | wanton conduct, as a result of any injury arising from the use | 2 | | of an undesignated or program participant-specific epinephrine | 3 | | injector, the use of an opioid antagonist, or the use of | 4 | | undesignated or program participant-specific asthma | 5 | | medication, regardless of whether authorization was given by | 6 | | the program participant's parents or guardians or by the | 7 | | program participant's physician, physician assistant, or | 8 | | advanced practice registered nurse. | 9 | | (e) Provided that the requirements of this Section are | 10 | | fulfilled, trained personnel must administer an undesignated | 11 | | or program participant-specific epinephrine injector to a | 12 | | program participant whom the trained personnel in good faith | 13 | | believes to be having an anaphylactic reaction (i) while at an | 14 | | after-school program or recreational camp, (ii) while at a park | 15 | | district-sponsored activity related to an after-school program | 16 | | or recreational camp, (iii) while under the supervision of | 17 | | after-school program or recreational camp personnel, or (iv) | 18 | | before or after after-school programs or recreational camps, | 19 | | such as while being transported in park district vehicles to or | 20 | | from an after-school program or recreational camp. Trained | 21 | | personnel may carry undesignated epinephrine injectors on his | 22 | | or her person while in a park district or at a park | 23 | | district-sponsored activity. | 24 | | (f) Provided that the requirements of this Section are | 25 | | fulfilled, trained personnel must administer an opioid | 26 | | antagonist to a program participant whom the trained personnel |
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| 1 | | in good faith believes to be having an opioid overdose (i) | 2 | | while at an after-school program or recreational camp, (ii) | 3 | | while at a park district-sponsored activity related to an | 4 | | after-school program or recreational camp, (iii) while under | 5 | | the supervision of after-school program or recreational camp | 6 | | personnel, or (iv) before or after after-school programs or | 7 | | recreational camps, such as while being transported in park | 8 | | district vehicles to or from an after-school program or | 9 | | recreational camp. Trained personnel may carry an opioid | 10 | | antagonist on his or her person while in a park district or at | 11 | | a park district-sponsored activity. | 12 | | (g) If the requirements of this Section are met, trained | 13 | | personnel must administer undesignated or program | 14 | | participant-specific asthma medication to a program | 15 | | participant whom the trained personnel in good faith believes | 16 | | to be experiencing respiratory distress (i) while at an | 17 | | after-school program or recreational camp, (ii) while at a park | 18 | | district-sponsored activity related to an after-school program | 19 | | or recreational camp, (iii) while under the supervision of | 20 | | after-school program or recreational camp personnel, or (iv) | 21 | | before or after after-school programs or recreational camps, | 22 | | such as while being transported in park district vehicles to or | 23 | | from an after-school program or recreational camp. Trained | 24 | | personnel may carry undesignated asthma medication on his or | 25 | | her person while in a park district or at a park | 26 | | district-sponsored activity. |
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| 1 | | (h) The park district must maintain a supply of | 2 | | undesignated epinephrine injectors in secure locations that | 3 | | are accessible before, during, and after an after-school | 4 | | program or recreational camp where an allergic person is most | 5 | | at risk. A physician, a physician assistant who has | 6 | | prescriptive authority in accordance with Section 7.5 of the | 7 | | Physician Assistant Practice Act of 1987, or an advanced | 8 | | practice registered nurse who has prescriptive authority in | 9 | | accordance with Section 65-40 of the Nurse Practice Act may | 10 | | prescribe undesignated epinephrine injectors in the name of the | 11 | | park district to be maintained for use when necessary. The | 12 | | supply of undesignated epinephrine injectors shall be | 13 | | maintained in accordance with the manufacturer's instructions. | 14 | | The park district shall maintain a supply of an opioid | 15 | | antagonist in secure locations where an individual may have an | 16 | | opioid overdose. A health care professional who has been | 17 | | delegated prescriptive authority for opioid antagonists in | 18 | | accordance with Section 5-23 of the Substance Use Disorder Act | 19 | | may prescribe opioid antagonists in the name of the park | 20 | | district, to be maintained for use when necessary. The supply | 21 | | of opioid antagonists shall be maintained in accordance with | 22 | | the manufacturer's instructions. | 23 | | The park district must maintain a supply of undesignated | 24 | | asthma medication in secure locations that are accessible | 25 | | before, during, or after an after-school program or | 26 | | recreational camp where a person is most at risk. A physician, |
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| 1 | | a physician assistant who has prescriptive authority under | 2 | | Section 7.5 of the Physician Assistant Practice Act of 1987, or | 3 | | an advanced practice registered nurse who has prescriptive | 4 | | authority under Section 65-40 of the Nurse Practice Act may | 5 | | prescribe undesignated asthma medication in the name of the | 6 | | park district to be maintained for use when necessary. The | 7 | | supply of undesignated asthma medication must be maintained in | 8 | | accordance with the manufacturer's instructions. | 9 | | (i) The park district shall pay for the costs of the | 10 | | undesignated epinephrine injectors, opioid antagonists, and | 11 | | undesignated asthma medication. | 12 | | (j) Upon any administration of an epinephrine injector or | 13 | | an opioid antagonist, a park district must immediately call | 14 | | 9-1-1 or, if 9-1-1 is not available, other local emergency | 15 | | medical services and notify the program participant's parent, | 16 | | guardian, or emergency contact, if known. | 17 | | (k) Within 24 hours of the administration of an | 18 | | undesignated or program participant-specific epinephrine | 19 | | injector, a park district must notify the physician, physician | 20 | | assistant, or advanced practice registered nurse who provided | 21 | | the standing protocol and a prescription for the undesignated | 22 | | or program participant-specific epinephrine injector of its | 23 | | use. | 24 | | Within 24 hours after the administration of an opioid | 25 | | antagonist, a park district must notify the health care | 26 | | professional who provided the prescription for the opioid |
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| 1 | | antagonist of its use. | 2 | | Within 24 hours after the administration of undesignated or | 3 | | program participant-specific asthma medication, a park | 4 | | district must notify the program participant's parent or | 5 | | guardian or emergency contact, if known, and the physician, | 6 | | physician assistant, or advanced practice registered nurse who | 7 | | provided the standing protocol and a prescription for the | 8 | | undesignated or program participant-specific asthma medication | 9 | | of its use. The park district must follow up with the trained | 10 | | personnel, if available, and may, with the consent of the | 11 | | child's parent or guardian, notify the child's health care | 12 | | provider of record, as determined under this Section, of its | 13 | | use. | 14 | | (l) Prior to the administration of an undesignated or | 15 | | program participant-specific epinephrine injector, trained | 16 | | personnel must submit to the park district's administration | 17 | | proof of completion of a training curriculum to recognize and | 18 | | respond to anaphylaxis that meets the requirements of | 19 | | subsection (m). Training must be completed annually. The park | 20 | | district must maintain records related to the training | 21 | | curriculum and trained personnel. | 22 | | Prior to the administration of an opioid antagonist, | 23 | | trained personnel must submit to the park district's | 24 | | administration proof of completion of a training curriculum to | 25 | | recognize and respond to an opioid overdose, which curriculum | 26 | | must meet the requirements of subsection (n). Training must be |
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| 1 | | completed annually. Trained personnel must also submit to the | 2 | | park district's administration proof of cardiopulmonary | 3 | | resuscitation and automated external defibrillator | 4 | | certification. The park district must maintain records | 5 | | relating to the training curriculum and the trained personnel. | 6 | | Prior to the administration of undesignated or program | 7 | | participant-specific asthma medication, trained personnel must | 8 | | submit to the park district's administration proof of | 9 | | completion of a training curriculum to recognize and respond to | 10 | | respiratory distress, which must meet the requirements of | 11 | | subsection (o). Training must be completed annually, and the | 12 | | park district must maintain records relating to the training | 13 | | curriculum and the trained personnel. | 14 | | (m) A training curriculum to recognize and respond to | 15 | | anaphylaxis, including the administration of an undesignated | 16 | | or program participant-specific epinephrine injector, may be | 17 | | conducted online or in person. | 18 | | Training must include, but is not limited to: | 19 | | (1) how to recognize signs and symptoms of an allergic | 20 | | reaction, including anaphylaxis; | 21 | | (2) how to administer an epinephrine injector; and | 22 | | (3) a test demonstrating competency of the knowledge | 23 | | required to recognize anaphylaxis and administer an | 24 | | epinephrine injector. | 25 | | Training may also include, but is not limited to: | 26 | | (A) a review of high-risk areas within a park |
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| 1 | | district and its related facilities; | 2 | | (B) steps to take to prevent exposure to allergens; | 3 | | (C) emergency follow-up procedures, including the | 4 | | importance of calling 9-1-1 or, if 9-1-1 is not | 5 | | available, other local emergency medical services; | 6 | | (D) how to respond to a program participant with a | 7 | | known allergy, as well as a program participant with a | 8 | | previously unknown allergy; and | 9 | | (E) other criteria as determined by the park | 10 | | district. | 11 | | (n) A training curriculum to recognize and respond to an | 12 | | opioid overdose, including the administration of an opioid | 13 | | antagonist, may be conducted online or in person. The training | 14 | | must comply with any training requirements under Section 5-23 | 15 | | of the Substance Use Disorder Act and the corresponding rules. | 16 | | It must include, but is not limited to: | 17 | | (1) how to recognize symptoms of an opioid overdose; | 18 | | (2) information on drug overdose prevention and | 19 | | recognition; | 20 | | (3) how to perform rescue breathing and resuscitation; | 21 | | (4) how to respond to an emergency involving an opioid | 22 | | overdose; | 23 | | (5) opioid antagonist dosage and administration; | 24 | | (6) the importance of calling 9-1-1 or, if 9-1-1 is not | 25 | | available, other local emergency medical services; | 26 | | (7) care for the overdose victim after administration |
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| 1 | | of the overdose antagonist; | 2 | | (8) a test demonstrating competency of the knowledge | 3 | | required to recognize an opioid overdose and administer a | 4 | | dose of an opioid antagonist; and | 5 | | (9) other criteria as determined by the park district. | 6 | | (o) A training curriculum to recognize and respond to | 7 | | respiratory distress, including the administration of | 8 | | undesignated or program participant-specific asthma | 9 | | medication, may be conducted online or in person. The training | 10 | | must include, but is not limited to: | 11 | | (1) how to recognize symptoms of respiratory distress | 12 | | and how to distinguish respiratory distress from | 13 | | anaphylaxis; | 14 | | (2) how to respond to an emergency involving | 15 | | respiratory distress; | 16 | | (3) asthma medication dosage and administration; | 17 | | (4) the importance of calling 9-1-1 or, if 9-1-1 is not | 18 | | available, other local emergency medical services; | 19 | | (5) a test demonstrating competency of the knowledge | 20 | | required to recognize respiratory distress and administer | 21 | | asthma medication; and | 22 | | (6) other criteria as determined by the park district. | 23 | | (p) Each park district shall adopt, before January 1, 2021, | 24 | | an asthma episode emergency response protocol similar to the | 25 | | model asthma episode emergency response protocol adopted by the | 26 | | State Board of Education under subsection (j-10) of Section |
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| 1 | | 22-30 of the School Code. | 2 | | (q) Every 2 years, trained personnel shall complete an | 3 | | in-person or online training program on the management of | 4 | | asthma, the prevention of asthma symptoms, and emergency | 5 | | response in the park district setting. | 6 | | (r) Nothing in this Section shall limit the amount of or | 7 | | supply of epinephrine injectors that a park district or program | 8 | | participant may carry or maintain. | 9 | | Section 10. The Chicago Park District Act is amended by | 10 | | adding Section 26.10-13 as follows: | 11 | | (70 ILCS 1505/26.10-13 new) | 12 | | Sec. 26.10-13. Administration of asthma medication, | 13 | | epinephrine injectors, and opioid antagonist in after-school | 14 | | programs or recreational camps; asthma episode emergency | 15 | | response protocol. The Chicago Park District is subject to | 16 | | Section 8-25 of the Park District Code. ".
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