Illinois General Assembly - Full Text of HB3983
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Full Text of HB3983  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/8/2020, by Rep. Jonathan Carroll - Michael Halpin - Joyce Mason - Terra Costa Howard


New Act

    Creates the Childhood Anaphylactic Policy Act. Requires the Department of Public Health, in consultation with the State Board of Education and the Department of Children and Family Services, to establish anaphylactic policies for school districts and day care centers. Requires the Department to create, distribute, and make available on its website informational materials regarding the policies. Contains requirements for the policies. Requires schools and day care centers to notify parents and guardians of the policies at least once each calendar year. Requires the policies to be forwarded to each school board of a school district, charter school, and day care center in the State within 6 months after the Act's effective date and to be implemented by those entities within 6 months after receiving the policies. Provides that the policies shall be updated at least once every 3 years. Contains other provisions. Effective July 1, 2020.

LRB101 15563 CPF 64908 b






HB3983LRB101 15563 CPF 64908 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 for
14the prevention of anaphylaxis and during a medical emergency
15resulting from anaphylaxis. The policy shall be developed after
16consultation with representatives of pediatric physicians,
17school nurses, other health care providers with expertise in
18treating children with anaphylaxis, parents of children with
19life threatening allergies, school administrators, teachers,
20school food service directors, and appropriate not-for-profit
21corporations representing allergic individuals at risk for



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



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1charter schools, and day care centers. The Department shall
2make the materials available on the Department's website.
3    Section 15. Policy requirements. The anaphylactic policies
4established under Section 10 of this Act shall include the
6        (1) A procedure and treatment plan, including
7    emergency protocols and responsibilities for school nurses
8    and other appropriate school and day care personnel, for
9    responding to anaphylaxis.
10        (2) A training course for appropriate school and day
11    care personnel on preventing and responding to
12    anaphylaxis. The Department shall, in consultation with
13    the Department of Children and Family Services and the
14    State Board, consider existing training programs for
15    responding to anaphylaxis in order to avoid duplicative
16    training requirements. A preexisting program shall fulfill
17    the requirement for a training course pursuant to this
18    paragraph if the standards of the preexisting program are
19    deemed by the Department to be at least as stringent as the
20    standards adopted by the Department in the development of
21    the training course by the State.
22        (3) A procedure and appropriate guidelines for the
23    development of an individualized emergency health care
24    plan for children with a food or other allergy that could
25    result in anaphylaxis.



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1        (4) A communication plan for intake and dissemination
2    of information provided by the State regarding children
3    with a food or other allergy that could result in
4    anaphylaxis, including a discussion of methods,
5    treatments, and therapies to reduce the risk of allergic
6    reactions, including anaphylaxis.
7        (5) Strategies for reducing the risk of exposure to
8    anaphylactic causative agents, including food and other
9    allergens.
10        (6) A communication plan for discussion with children
11    that have developed adequate verbal communication and
12    comprehension skills and with the parents or guardians of
13    all children about foods that are safe and unsafe and about
14    strategies to avoid exposure to unsafe food.
15    Section 20. Notification. At least once each calendar year,
16schools and day care centers shall send a notification to the
17parents or guardians of all children under the care of the
18schools or day care centers to make them aware of the
19anaphylactic policies, as developed by the Department. For
20children under the care of day care centers, the notification
21shall be provided by the day care center when the child is
22enrolled and annually thereafter. The notification shall
23include contact information for parents and guardians to engage
24further with the school or day care center to learn more about
25individualized aspects of the policies.



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1    Section 25. Forwarding; implementation. At least 6 months
2after the effective date of this Act, the anaphylactic policies
3established under Section 10 shall be jointly forwarded by the
4Department and the State Board or the Department of Children
5and Family Services, as appropriate, to each school board of a
6school district, charter school, and day care center in the
7State. Each such entity shall implement or update, as
8appropriate, its anaphylactic policy in accordance with those
9developed by the State within 6 months after receiving the
10anaphylactic policies.
11    Section 30. Updating anaphylactic policies. The
12anaphylactic policies established under Section 10 shall be
13updated at least once every 3 years or more frequently if the
14Department determines it to be necessary or desirable for the
15protection of children with a food allergy or other allergy
16that could result in anaphylaxis.
17    Section 99. Effective date. This Act takes effect July 1,