Illinois General Assembly

Previous General Assemblies

Public Act 098-0795


 

Public Act 0795 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0795
 
HB5892 EnrolledLRB098 18523 OMW 55678 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
22-30 as follows:
 
    (105 ILCS 5/22-30)
    Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors school nurse
administration.
    (a) For the purpose of this Section only, the following
terms shall have the meanings set forth below In this Section:
    "Asthma inhaler" means a quick reliever asthma inhaler.
    "Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body medical device for immediate
self-administration by a person at risk of anaphylaxis.
    "Asthma medication Medication" means a medicine,
prescribed by (i) a physician licensed to practice medicine in
all its branches, (ii) a physician assistant who has been
delegated the authority to prescribe asthma medications by his
or her supervising physician, or (iii) an advanced practice
registered nurse who has a written collaborative agreement with
a collaborating physician that delegates the authority to
prescribe asthma medications, for a pupil that pertains to the
pupil's asthma and that has an individual prescription label.
    "School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
    "Self-administration" means a pupil's discretionary use of
and ability to carry his or her prescribed asthma medication or
epinephrine auto-injector.
    "Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
    "Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
physician assistant who has been delegated the authority to
prescribe asthma medications or epinephrine auto-injectors by
his or her supervising physician, or (iii) an advanced practice
nurse who has a collaborative agreement with a collaborating
physician that delegates authority to issue a standing protocol
for asthma medications or epinephrine auto-injectors.
    "Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis.
    "Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, or nonpublic school.
    (b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry use
of an epinephrine auto-injector by a pupil, provided that:
        (1) the parents or guardians of the pupil provide to
    the school (i) written authorization from the parents or
    guardians for (A) the self-administration and self-carry
    of asthma medication or (B) the self-carry of asthma
    medication or (ii) for (A) the self-administration and
    self-carry of an epinephrine auto-injector or (B) the
    self-carry use of an epinephrine auto-injector, written
    authorization from the pupil's physician, physician
    assistant, or advanced practice registered nurse; and
        (2) the parents or guardians of the pupil provide to
    the school (i) the prescription label, which must contain
    the name of the asthma medication, the prescribed dosage,
    and the time at which or circumstances under which the
    asthma medication is to be administered, or (ii) for the
    self-administration or self-carry use of an epinephrine
    auto-injector, a written statement from the pupil's
    physician, physician assistant, or advanced practice
    registered nurse containing the following information:
            (A) the name and purpose of the epinephrine
        auto-injector;
            (B) the prescribed dosage; and
            (C) the time or times at which or the special
        circumstances under which the epinephrine
        auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
    (b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated an epinephrine auto-injector to a student or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file.
    (b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine
auto-injector to a student for self-administration only or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file; (ii) administer an
undesignated epinephrine auto-injector that meets the
prescription on file to any student who has an Individual
Health Care Action Plan, Illinois Food Allergy Emergency Action
Plan and Treatment Authorization Form, or plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973 that
authorizes the use of an epinephrine Epinephrine
auto-injector; and (iii) administer an undesignated
epinephrine auto-injector to any person student that the school
nurse or trained personnel in good faith professionally
believes is having an anaphylactic reaction.
    (c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,
that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice nurse providing standing
protocol or prescription for school epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the administration
self-administration of asthma medication or use of an
epinephrine auto-injector regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician physician's assistant, or advanced
practice registered nurse. The parents or guardians of the
pupil must sign a statement acknowledging that the school
district, public school, or nonpublic school and its employees
and agents are to incur no liability, except for willful and
wanton conduct, as a result of any injury arising from the
administration self-administration of asthma medication or use
of an epinephrine auto-injector regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician physician's assistant, or
advanced practice registered nurse and that the parents or
guardians must indemnify and hold harmless the school district,
public school, or nonpublic school and its employees and agents
against any claims, except a claim based on willful and wanton
conduct, arising out of the administration self-administration
of asthma medication or use of an epinephrine auto-injector
regardless of whether authorization was given by the pupil's
parents or guardians or by the pupil's physician, physician
physician's assistant, or advanced practice registered nurse.
    (c-5) Upon the effective date of this amendatory Act of the
98th General Assembly, when When a school nurse or trained
personnel administers an undesignated epinephrine
auto-injector to a person student whom the school nurse or
trained personnel in good faith professionally believes is
having an anaphylactic reaction, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, or nonpublic school and its employees
and agents, and including a physician, a physician assistant,
or an advanced practice nurse providing standing protocol or
prescription for undesignated school epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine auto-injector regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician physician's assistant, or advanced
practice registered nurse.
    (d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
use of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
    (e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry possess and use his or her asthma medication or a
pupil may self-administer and self-carry possess and use an
epinephrine auto-injector (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school care
on school-operated property.
    (e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property. A school nurse
or trained personnel may carry undesignated epinephrine
auto-injectors on his or her person while in school or at a
school-sponsored activity.
    (f) The school district, public school, or nonpublic school
may maintain at a school in a locked, secure location a supply
of undesignated epinephrine auto-injectors in any secure
location where an allergic person is most at risk, including,
but not limited to, classrooms and lunchrooms. A physician, a
physician assistant who has been delegated prescriptive
authority for asthma medication or epinephrine auto-injectors
in accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987, or an advanced practice nurse who has
been delegated prescriptive authority for asthma medication or
epinephrine auto-injectors in accordance with Section 65-40 of
the Nurse Practice Act may prescribe undesignated epinephrine
auto-injectors in the name of the school district, public
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine auto-injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district or nonpublic school supply of epinephrine
auto-injectors may be provided to and utilized by any student
authorized to self-administer that meets the prescription on
file or by any personnel authorized under a student's
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 to administer an epinephrine auto-injector to the student,
that meets the prescription on file. When a student does not
have an epinephrine auto-injector or a prescription for an
epinephrine auto-injector on file, the school nurse may utilize
the school district or nonpublic school supply of epinephrine
auto-injectors to respond to anaphylactic reaction, under a
standing protocol from a physician licensed to practice
medicine in all its branches and the requirements of this
Section.
    (f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    (f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advance practice nurse who provided the
standing protocol or prescription for the undesignated
epinephrine auto-injector of its use.
    (g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
his or her school's administration proof of completion of a
training curriculum to recognize and respond to anaphylaxis
that meets the requirements of subsection (h) of this Section.
Training must be completed annually. Trained personnel must
also submit to his or her school's administration proof of
cardiopulmonary resuscitation and automated external
defibrillator certification. The school district, public
school, or nonpublic school must maintain records related to
the training curriculum and trained personnel.
    (h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine auto-injector, may be conducted online or in
person. It must include, but is not limited to:
        (1) how to recognize symptoms of an allergic reaction;
        (2) a review of high-risk areas within the school and
    its related facilities;
        (3) steps to take to prevent exposure to allergens;
        (4) how to respond to an emergency involving an
    allergic reaction;
        (5) how to administer an epinephrine auto-injector;
        (6) how to respond to a student with a known allergy as
    well as a student with a previously unknown allergy;
        (7) a test demonstrating competency of the knowledge
    required to recognize anaphylaxis and administer an
    epinephrine auto-injector; and
        (8) other criteria as determined in rules adopted
    pursuant to this Section.
    In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the Board
shall make available resource materials consistent with
criteria in this subsection (h) for educating trained personnel
to recognize and respond to anaphylaxis. The Board may take
into consideration the curriculum on this subject developed by
other states, as well as any other curricular materials
suggested by medical experts and other groups that work on
life-threatening allergy issues. The Board is not required to
create new resource materials. The Board shall make these
resource materials available on its Internet website.
    (i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored
activity, the school must report to the Board in a form and
manner prescribed by the Board the following information:
        (1) age and type of person receiving epinephrine
    (student, staff, visitor);
        (2) any previously known diagnosis of a severe allergy;
        (3) trigger that precipitated allergic episode;
        (4) location where symptoms developed;
        (5) number of doses administered;
        (6) type of person administering epinephrine (school
    nurse, trained personnel, student); and
        (7) any other information required by the Board.
    (j) By October 1, 2015 and every year thereafter, the Board
shall submit a report to the General Assembly identifying the
frequency and circumstances of epinephrine administration
during the preceding academic year. This report shall be
published on the Board's Internet website on the date the
report is delivered to the General Assembly.
    (k) The Board may adopt rules necessary to implement this
Section.
(Source: P.A. 96-1460, eff. 8-20-10; 97-361, eff. 8-15-11.)
 
    Section 99. Effective date. This Act takes effect August 1,
2014.

Effective Date: 8/1/2014