Rep. Jonathan Carroll

Filed: 4/15/2021





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2    AMENDMENT NO. ______. Amend House Bill 102 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Childhood Anaphylactic Policy Act.
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Public Health.
8    "State Board" means the State Board of Education.
9    Section 10. Anaphylactic policy for school districts and
10day care centers.
11    (a) The Department, in consultation with the State Board,
12shall establish an anaphylactic policy for school districts
13setting forth guidelines and procedures to be followed both
14for the prevention of anaphylaxis and during a medical
15emergency resulting from anaphylaxis. The policy shall be



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1developed after consultation with representatives of pediatric
2physicians, school nurses, other health care providers with
3expertise in treating children with anaphylaxis, parents of
4children with life threatening allergies, school
5administrators, teachers, school food service directors, and
6appropriate not-for-profit corporations representing allergic
7individuals at risk for anaphylaxis.
8    (b) The Department, in consultation with the Department of
9Children and Family Services, shall establish an anaphylactic
10policy for day care centers setting forth guidelines and
11procedures to be followed both for the prevention of
12anaphylaxis and during a medical emergency resulting from
13anaphylaxis. The policy shall be developed after consultation
14with representatives of pediatric physicians and other health
15care providers with expertise in treating children with
16anaphylaxis, parents of children with life threatening
17allergies, day care administrators and personnel, and
18appropriate not-for-profit corporations representing allergic
19individuals at risk for anaphylaxis. The Department, in
20consultation with the Department of Children and Family
21Services, shall create informational materials detailing the
22anaphylactic policy to be distributed to day care centers.
23    (c) In establishing policies under this Section, the
24Department shall consider existing requirements and current
25and best practices for schools and day care centers regarding
26allergies and anaphylaxis. The Department shall also consider



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1the voluntary guidelines for managing food allergies in
2schools and early care and education programs issued by the
3United States Department of Health and Human Services, to the
4extent appropriate for the setting.
5    (d) The Department shall create informational materials
6detailing the anaphylactic policies under this Section and
7distribute them to the school boards of school districts,
8charter schools, and day care centers. The Department shall
9make the materials available on the Department's website.
10    Section 15. Policy requirements. The anaphylactic policies
11established under Section 10 of this Act shall include the
13        (1) A procedure and treatment plan, including
14    emergency protocols and responsibilities for school nurses
15    and other appropriate school and day care personnel, for
16    responding to anaphylaxis.
17        (2) A training course for appropriate school and day
18    care personnel on preventing and responding to
19    anaphylaxis. The Department shall, in consultation with
20    the Department of Children and Family Services and the
21    State Board, consider existing training programs for
22    responding to anaphylaxis in order to avoid duplicative
23    training requirements. A preexisting program shall fulfill
24    the requirement for a training course pursuant to this
25    paragraph if the standards of the preexisting program are



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1    deemed by the Department to be at least as stringent as the
2    standards adopted by the Department in the development of
3    the training course by the State.
4        (3) A procedure and appropriate guidelines for the
5    development of an individualized emergency health care
6    plan for children with a food or other allergy that could
7    result in anaphylaxis.
8        (4) A communication plan for intake and dissemination
9    of information provided by the State regarding children
10    with a food or other allergy that could result in
11    anaphylaxis, including a discussion of methods,
12    treatments, and therapies to reduce the risk of allergic
13    reactions, including anaphylaxis.
14        (5) Strategies for reducing the risk of exposure to
15    anaphylactic causative agents, including food and other
16    allergens.
17        (6) A communication plan for discussion with children
18    that have developed adequate verbal communication and
19    comprehension skills and with the parents or guardians of
20    all children about foods that are safe and unsafe and
21    about strategies to avoid exposure to unsafe food.
22    Section 20. Notification. At least once each calendar
23year, schools and day care centers shall send a notification
24to the parents or guardians of all children under the care of
25the schools or day care centers to make them aware of the



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1anaphylactic policies, as developed by the Department. For
2children under the care of day care centers, the notification
3shall be provided by the day care center when the child is
4enrolled and annually thereafter. The notification shall
5include contact information for parents and guardians to
6engage further with the school or day care center to learn more
7about individualized aspects of the policies.
8    Section 25. Forwarding; implementation. At least 6 months
9after the effective date of this Act, the anaphylactic
10policies established under Section 10 shall be jointly
11forwarded by the Department and the State Board or the
12Department of Children and Family Services, as appropriate, to
13each school board of a school district, charter school, and
14day care center in the State. Each such entity shall implement
15or update, as appropriate, its anaphylactic policy in
16accordance with those developed by the State within 6 months
17after receiving the anaphylactic policies.
18    Section 30. Updating anaphylactic policies. The
19anaphylactic policies established under Section 10 shall be
20updated at least once every 3 years or more frequently if the
21Department determines it to be necessary or desirable for the
22protection of children with a food allergy or other allergy
23that could result in anaphylaxis.



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1    Section 35. The Child Care Act of 1969 is amended by adding
2Section 5.11 as follows:
3    (225 ILCS 10/5.11 new)
4    Sec. 5.11. Plan for anaphylactic shock. The Department
5shall require each licensed day care center, day care home,
6and group day care home to have a plan for anaphylactic shock
7to be followed for the prevention of anaphylaxis and during a
8medical emergency resulting from anaphylaxis. The plan should
9be based on the guidance and recommendations provided by the
10American Academy of Pediatrics relating to the management of
11food allergies or other allergies. The plan should be shared
12with parents or guardians upon enrollment at each licensed day
13care center, day care home, and group day care home. If a child
14requires specific specialized treatment during an episode of
15anaphylaxis, that child's treatment plan should be kept by the
16staff of the day care center, day care home, or group day care
17home and followed in the event of an emergency. Each licensed
18day care center, day care home, and group day care home shall
19have at least one staff member present at all times who has
20taken a training course in recognizing and responding to
22    Section 99. Effective date. This Act takes effect July 1,