99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6333

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-30

    Amends the School Code. Annually requires each school district, public school, charter school, or nonpublic school to request an asthma action plan from the parents or guardians of a pupil with asthma; sets forth provisions concerning the asthma action plan. Requires the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management, to develop a model asthma episode emergency response protocol before September 1, 2016, and requires each school district, charter school, and nonpublic school to adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. Provides that, every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. Requires the State Board, in consultation with statewide professional organizations with expertise in asthma management, to make available resource materials for educating school personnel about asthma and emergency response in the school setting. Makes technical changes having a revisory function. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB6333LRB099 18475 NHT 42851 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
522-30 as follows:
 
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration and self-carry of asthma
8medication and epinephrine auto-injectors; administration of
9undesignated epinephrine auto-injectors; administration of an
10opioid antagonist; asthma episode emergency response protocol.
11    (a) For the purpose of this Section only, the following
12terms shall have the meanings set forth below:
13    "Asthma action plan" means a written plan developed with a
14pupil's medical provider to help control the pupil's asthma.
15The goal of an asthma action plan is to reduce or prevent
16flare-ups and emergency department visits through day-to-day
17management and to serve as a student-specific document to be
18referenced in the event of an asthma episode.
19    "Asthma episode emergency response protocol" means a
20procedure to provide assistance to a pupil experiencing
21symptoms of wheezing, coughing, shortness of breath, chest
22tightness, or breathing difficulty.
23    "Asthma inhaler" means a quick reliever asthma inhaler.

 

 

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

 

 

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1personnel authorized in Sections 10-22.34, 10-22.34a, and
210-22.34b of this Code who has completed training under
3subsection (g) of this Section to recognize and respond to
4anaphylaxis.
5    "Undesignated epinephrine auto-injector" means an
6epinephrine auto-injector prescribed in the name of a school
7district, public school, or nonpublic school.
8    (b) A school, whether public or nonpublic, must permit the
9self-administration and self-carry of asthma medication by a
10pupil with asthma or the self-administration and self-carry of
11an epinephrine auto-injector by a pupil, provided that:
12        (1) the parents or guardians of the pupil provide to
13    the school (i) written authorization from the parents or
14    guardians for (A) the self-administration and self-carry
15    of asthma medication or (B) the self-carry of asthma
16    medication or (ii) for (A) the self-administration and
17    self-carry of an epinephrine auto-injector or (B) the
18    self-carry of an epinephrine auto-injector, written
19    authorization from the pupil's physician, physician
20    assistant, or advanced practice nurse; and
21        (2) the parents or guardians of the pupil provide to
22    the school (i) the prescription label, which must contain
23    the name of the asthma medication, the prescribed dosage,
24    and the time at which or circumstances under which the
25    asthma medication is to be administered, or (ii) for the
26    self-administration or self-carry of an epinephrine

 

 

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

 

 

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1Action Plan, Illinois Food Allergy Emergency Action Plan and
2Treatment Authorization Form, or plan pursuant to Section 504
3of the federal Rehabilitation Act of 1973 to administer to the
4student, that meets the student's prescription on file; (ii)
5administer an undesignated epinephrine auto-injector that
6meets the prescription on file to any student who has an
7Individual Health Care Action Plan, Illinois Food Allergy
8Emergency Action Plan and Treatment Authorization Form, or plan
9pursuant to Section 504 of the federal Rehabilitation Act of
101973 that authorizes the use of an epinephrine auto-injector;
11(iii) administer an undesignated epinephrine auto-injector to
12any person that the school nurse or trained personnel in good
13faith believes is having an anaphylactic reaction; and (iv)
14administer an opioid antagonist to any person that the school
15nurse or trained personnel in good faith believes is having an
16opioid overdose.
17    (c) The school district, public school, or nonpublic school
18must inform the parents or guardians of the pupil, in writing,
19that the school district, public school, or nonpublic school
20and its employees and agents, including a physician, physician
21assistant, or advanced practice nurse providing standing
22protocol or prescription for school epinephrine
23auto-injectors, are to incur no liability or professional
24discipline, except for willful and wanton conduct, as a result
25of any injury arising from the administration of asthma
26medication, an epinephrine auto-injector, or an opioid

 

 

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

 

 

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

 

 

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

 

 

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1    (f) The school district, public school, or nonpublic school
2may maintain a supply of undesignated epinephrine
3auto-injectors in any secure location where an allergic person
4is most at risk, including, but not limited to, classrooms and
5lunchrooms. A physician, a physician assistant who has been
6delegated prescriptive authority in accordance with Section
77.5 of the Physician Assistant Practice Act of 1987, or an
8advanced practice nurse who has been delegated prescriptive
9authority in accordance with Section 65-40 of the Nurse
10Practice Act may prescribe undesignated epinephrine
11auto-injectors in the name of the school district, public
12school, or nonpublic school to be maintained for use when
13necessary. Any supply of epinephrine auto-injectors shall be
14maintained in accordance with the manufacturer's instructions.
15    The school district, public school, or nonpublic school may
16maintain a supply of an opioid antagonist in any secure
17location where an individual may have an opioid overdose. A
18health care professional who has been delegated prescriptive
19authority for opioid antagonists in accordance with Section
205-23 of the Alcoholism and Other Drug Abuse and Dependency Act
21may prescribe opioid antagonists in the name of the school
22district, public school, or nonpublic school, to be maintained
23for use when necessary. Any supply of opioid antagonists shall
24be maintained in accordance with the manufacturer's
25instructions.
26    (f-5) Upon any administration of an epinephrine

 

 

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1auto-injector, a school district, public school, or nonpublic
2school must immediately activate the EMS system and notify the
3student's parent, guardian, or emergency contact, if known.
4    Upon any administration of an opioid antagonist, a school
5district, public school, or nonpublic school must immediately
6activate the EMS system and notify the student's parent,
7guardian, or emergency contact, if known.
8    (f-10) Within 24 hours of the administration of an
9undesignated epinephrine auto-injector, a school district,
10public school, or nonpublic school must notify the physician,
11physician assistant, or advanced advance practice nurse who
12provided the standing protocol or prescription for the
13undesignated epinephrine auto-injector of its use.
14    Within 24 hours after the administration of an opioid
15antagonist, a school district, public school, or nonpublic
16school must notify the health care professional who provided
17the prescription for the opioid antagonist of its use.
18    (g) Prior to the administration of an undesignated
19epinephrine auto-injector, trained personnel must submit to
20their his or her school's administration proof of completion of
21a training curriculum to recognize and respond to anaphylaxis
22that meets the requirements of subsection (h) of this Section.
23Training must be completed annually. Trained personnel must
24also submit to their his or her school's administration proof
25of cardiopulmonary resuscitation and automated external
26defibrillator certification. The school district, public

 

 

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1school, or nonpublic school must maintain records related to
2the training curriculum and trained personnel.
3    Prior to the administration of an opioid antagonist,
4trained personnel must submit to their school's administration
5proof of completion of a training curriculum to recognize and
6respond to an opioid overdose, which curriculum must meet the
7requirements of subsection (h-5) of this Section. Training must
8be completed annually. Trained personnel must also submit to
9the school's administration proof of cardiopulmonary
10resuscitation and automated external defibrillator
11certification. The school district, public school, or
12nonpublic school must maintain records relating to the training
13curriculum and the trained personnel.
14    (h) A training curriculum to recognize and respond to
15anaphylaxis, including the administration of an undesignated
16epinephrine auto-injector, may be conducted online or in
17person. It must include, but is not limited to:
18        (1) how to recognize symptoms of an allergic reaction;
19        (2) a review of high-risk areas within the school and
20    its related facilities;
21        (3) steps to take to prevent exposure to allergens;
22        (4) how to respond to an emergency involving an
23    allergic reaction;
24        (5) how to administer an epinephrine auto-injector;
25        (6) how to respond to a student with a known allergy as
26    well as a student with a previously unknown allergy;

 

 

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

 

 

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

 

 

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1        (6) type of person administering epinephrine (school
2    nurse, trained personnel, student); and
3        (7) any other information required by the State Board.
4    (i-5) Within 3 days after the administration of an opioid
5antagonist by a school nurse or trained personnel, the school
6must report to the State Board, in a form and manner prescribed
7by the State Board, the following information:
8        (1) the age and type of person receiving the opioid
9    antagonist (student, staff, or visitor);
10        (2) the location where symptoms developed;
11        (3) the type of person administering the opioid
12    antagonist (school nurse or trained personnel); and
13        (4) any other information required by the State Board.
14    (j) By October 1, 2015 and every year thereafter, the State
15Board shall submit a report to the General Assembly identifying
16the frequency and circumstances of epinephrine administration
17during the preceding academic year. This report shall be
18published on the State Board's Internet website on the date the
19report is delivered to the General Assembly.
20    (j-5) Annually, each school district, public school,
21charter school, or nonpublic school shall request an asthma
22action plan from the parents or guardians of a pupil with
23asthma. The asthma action plan must be kept on file in the
24office of the school nurse or, in the absence of a school
25nurse, the school administrator. Copies of the asthma action
26plan must be distributed to appropriate school staff who

 

 

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1interact with the pupil on a regular basis, and, if applicable,
2must be attached to the pupil's federal Section 504 plan or
3individualized education program plan.
4    (j-10) To assist schools with emergency response
5procedures for asthma, the State Board of Education, in
6consultation with statewide professional organizations with
7expertise in asthma management, shall develop a model asthma
8episode emergency response protocol before September 1, 2016.
9Each school district, charter school, and nonpublic school
10shall adopt an asthma episode emergency response protocol
11before January 1, 2017 that includes all of the components of
12the State Board's model protocol.
13    (j-15) Every 2 years, school personnel who work with pupils
14shall complete an in-person or online training program on the
15management of asthma, the prevention of asthma symptoms, and
16emergency response in the school setting. In consultation with
17statewide professional organizations with expertise in asthma
18management, the State Board of Education shall make available
19resource materials for educating school personnel about asthma
20and emergency response in the school setting.
21    On or before October 1, 2016 and every year thereafter, the
22State Board shall submit a report to the General Assembly and
23the Department of Public Health identifying the frequency and
24circumstances of opioid antagonist administration during the
25preceding academic year. This report shall be published on the
26State Board's Internet website on the date the report is

 

 

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1delivered to the General Assembly.
2    (k) The State Board may adopt rules necessary to implement
3this Section.
4(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
599-480, eff. 9-9-15; revised 10-13-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.