Illinois General Assembly - Full Text of HB0102
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Full Text of HB0102  102nd General Assembly

HB0102enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0102 EnrolledLRB102 04076 CPF 14092 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 5. The School Code is amended by adding Section
52-3.182 and by changing Section 22-30 as follows:
 
6    (105 ILCS 5/2-3.182 new)
7    Sec. 2-3.182. Anaphylactic policy for school districts.
8    (a) The State Board of Education, in consultation with the
9Department of Public Health, shall establish an anaphylactic
10policy for school districts 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 the advisory committee established pursuant to Section 5
15of the Critical Health Problems and Comprehensive Health
16Education Act. In establishing the policy required under this
17Section, the State Board shall consider existing requirements
18and current and best practices for schools regarding allergies
19and anaphylaxis. The State Board must also consider the
20voluntary guidelines for managing food allergies in schools
21issued by the United States Department of Health and Human
22Services.
23    (b) The anaphylactic policy established under subsection

 

 

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1(a) shall include the following:
2        (1) A procedure and treatment plan, including
3    emergency protocols and responsibilities for school nurses
4    and other appropriate school personnel, for responding to
5    anaphylaxis.
6        (2) Requirements for a training course for appropriate
7    school personnel on preventing and responding to
8    anaphylaxis.
9        (3) A procedure and appropriate guidelines for the
10    development of an individualized emergency health care
11    plan for children with a food or other allergy that could
12    result in anaphylaxis.
13        (4) A communication plan for intake and dissemination
14    of information provided by this State regarding children
15    with a food or other allergy that could result in
16    anaphylaxis, including a discussion of methods,
17    treatments, and therapies to reduce the risk of allergic
18    reactions, including anaphylaxis.
19        (5) Strategies for reducing the risk of exposure to
20    anaphylactic causative agents, including food and other
21    allergens.
22        (6) A communication plan for discussion with children
23    who have developed adequate verbal communication and
24    comprehension skills and with the parents or guardians of
25    all children about foods that are safe and unsafe and
26    about strategies to avoid exposure to unsafe food.

 

 

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1    (c) At least once each calendar year, each school district
2shall send a notification to the parents or guardians of all
3children under the care of a school to make them aware of the
4anaphylactic policy. The notification shall include contact
5information for parents and guardians to engage further with
6the school to learn more about individualized aspects of the
7policy.
8    (d) At least 6 months after the effective date of this
9amendatory Act of the 102nd General Assembly, the anaphylactic
10policy established under subsection (a) shall be forwarded by
11the State Board to the school board of each school district in
12this State. Each school district shall implement or update, as
13appropriate, its anaphylactic policy in accordance with those
14developed by the State Board within 6 months after receiving
15the anaphylactic policy from the State Board.
16    (e) The anaphylactic policy established under subsection
17(a) shall be reviewed and updated, if necessary, at least once
18every 3 years.
19    (f) The State Board shall post the anaphylactic policy
20established under subsection (a) and resources regarding
21allergies and anaphylaxis on its website.
22    (g) The State Board may adopt any rules necessary to
23implement this Section.
 
24    (105 ILCS 5/22-30)
25    Sec. 22-30. Self-administration and self-carry of asthma

 

 

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1medication and epinephrine injectors; administration of
2undesignated epinephrine injectors; administration of an
3opioid antagonist; administration of undesignated asthma
4medication; asthma episode emergency response protocol.
5    (a) For the purpose of this Section only, the following
6terms shall have the meanings set forth below:
7    "Asthma action plan" means a written plan developed with a
8pupil's medical provider to help control the pupil's asthma.
9The goal of an asthma action plan is to reduce or prevent
10flare-ups and emergency department visits through day-to-day
11management and to serve as a student-specific document to be
12referenced in the event of an asthma episode.
13    "Asthma episode emergency response protocol" means a
14procedure to provide assistance to a pupil experiencing
15symptoms of wheezing, coughing, shortness of breath, chest
16tightness, or breathing difficulty.
17    "Epinephrine injector" includes an auto-injector approved
18by the United States Food and Drug Administration for the
19administration of epinephrine and a pre-filled syringe
20approved by the United States Food and Drug Administration and
21used for the administration of epinephrine that contains a
22pre-measured dose of epinephrine that is equivalent to the
23dosages used in an auto-injector.
24    "Asthma medication" means quick-relief asthma medication,
25including albuterol or other short-acting bronchodilators,
26that is approved by the United States Food and Drug

 

 

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1Administration for the treatment of respiratory distress.
2"Asthma medication" includes medication delivered through a
3device, including a metered dose inhaler with a reusable or
4disposable spacer or a nebulizer with a mouthpiece or mask.
5    "Opioid antagonist" means a drug that binds to opioid
6receptors and blocks or inhibits the effect of opioids acting
7on those receptors, including, but not limited to, naloxone
8hydrochloride or any other similarly acting drug approved by
9the U.S. Food and Drug Administration.
10    "Respiratory distress" means the perceived or actual
11presence of wheezing, coughing, shortness of breath, chest
12tightness, breathing difficulty, or any other symptoms
13consistent with asthma. Respiratory distress may be
14categorized as "mild-to-moderate" or "severe".
15    "School nurse" means a registered nurse working in a
16school with 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
19injector.
20    "Self-carry" means a pupil's ability to carry his or her
21prescribed asthma medication or epinephrine injector.
22    "Standing protocol" may be issued by (i) a physician
23licensed to practice medicine in all its branches, (ii) a
24licensed physician assistant with prescriptive authority, or
25(iii) a licensed advanced practice registered nurse with
26prescriptive authority.

 

 

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1    "Trained personnel" means any school employee or volunteer
2personnel authorized in Sections 10-22.34, 10-22.34a, and
310-22.34b of this Code who has completed training under
4subsection (g) of this Section to recognize and respond to
5anaphylaxis, an opioid overdose, or respiratory distress.
6    "Undesignated asthma medication" means asthma medication
7prescribed in the name of a school district, public school,
8charter school, or nonpublic school.
9    "Undesignated epinephrine injector" means an epinephrine
10injector prescribed in the name of a school district, public
11school, charter school, or nonpublic school.
12    (b) A school, whether public, charter, or nonpublic, must
13permit the self-administration and self-carry of asthma
14medication by a pupil with asthma or the self-administration
15and self-carry of an epinephrine injector by a pupil, provided
16that:
17        (1) the parents or guardians of the pupil provide to
18    the school (i) written authorization from the parents or
19    guardians for (A) the self-administration and self-carry
20    of asthma medication or (B) the self-carry of asthma
21    medication or (ii) for (A) the self-administration and
22    self-carry of an epinephrine injector or (B) the
23    self-carry of an epinephrine injector, written
24    authorization from the pupil's physician, physician
25    assistant, or advanced practice registered nurse; and
26        (2) the parents or guardians of the pupil provide to

 

 

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

 

 

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1    (b-10) The school district, public school, charter school,
2or nonpublic school may authorize a school nurse or trained
3personnel to do the following: (i) provide an undesignated
4epinephrine injector to a student for self-administration only
5or any personnel authorized under a student's Individual
6Health Care Action Plan, Illinois Food Allergy Emergency
7Action Plan and Treatment Authorization Form, plan pursuant to
8Section 504 of the federal Rehabilitation Act of 1973, or
9individualized education program plan to administer to the
10student that meets the student's prescription on file; (ii)
11administer an undesignated epinephrine injector that meets the
12prescription on file to any student who has an Individual
13Health Care Action Plan, Illinois Food Allergy Emergency
14Action Plan and Treatment Authorization Form, plan pursuant to
15Section 504 of the federal Rehabilitation Act of 1973, or
16individualized education program plan that authorizes the use
17of an epinephrine injector; (iii) administer an undesignated
18epinephrine injector to any person that the school nurse or
19trained personnel in good faith believes is having an
20anaphylactic reaction; (iv) administer an opioid antagonist to
21any person that the school nurse or trained personnel in good
22faith believes is having an opioid overdose; (v) provide
23undesignated asthma medication to a student for
24self-administration only or to any personnel authorized under
25a student's Individual Health Care Action Plan or asthma
26action plan, plan pursuant to Section 504 of the federal

 

 

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1Rehabilitation Act of 1973, or individualized education
2program plan to administer to the student that meets the
3student's prescription on file; (vi) administer undesignated
4asthma medication that meets the prescription on file to any
5student who has an Individual Health Care Action Plan or
6asthma action plan, plan pursuant to Section 504 of the
7federal Rehabilitation Act of 1973, or individualized
8education program plan that authorizes the use of asthma
9medication; and (vii) administer undesignated asthma
10medication to any person that the school nurse or trained
11personnel believes in good faith is having respiratory
12distress.
13    (c) The school district, public school, charter school, or
14nonpublic school must inform the parents or guardians of the
15pupil, in writing, that the school district, public school,
16charter school, or nonpublic school and its employees and
17agents, including a physician, physician assistant, or
18advanced practice registered nurse providing standing protocol
19and a prescription for school epinephrine injectors, an opioid
20antagonist, or undesignated asthma medication, are to incur no
21liability or professional discipline, except for willful and
22wanton conduct, as a result of any injury arising from the
23administration of asthma medication, an epinephrine injector,
24or an opioid antagonist regardless of whether authorization
25was given by the pupil's parents or guardians or by the pupil's
26physician, physician assistant, or advanced practice

 

 

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

 

 

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

 

 

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

 

 

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1activities, such as while in before-school or after-school
2care on school-operated property. A school nurse or trained
3personnel may carry an opioid antagonist on his or her person
4while in school or at a school-sponsored activity.
5    (e-15) If the requirements of this Section are met, a
6school nurse or trained personnel may administer undesignated
7asthma medication to any person whom the school nurse or
8trained personnel in good faith believes to be experiencing
9respiratory distress (i) while in school, (ii) while at a
10school-sponsored activity, (iii) while under the supervision
11of school personnel, or (iv) before or after normal school
12activities, including before-school or after-school care on
13school-operated property. A school nurse or trained personnel
14may carry undesignated asthma medication on his or her person
15while in school or at a school-sponsored activity.
16    (f) The school district, public school, charter school, or
17nonpublic school may maintain a supply of undesignated
18epinephrine injectors in any secure location that is
19accessible before, during, and after school where an allergic
20person is most at risk, including, but not limited to,
21classrooms and lunchrooms. A physician, a physician assistant
22who has prescriptive authority in accordance with Section 7.5
23of the Physician Assistant Practice Act of 1987, or an
24advanced practice registered nurse who has prescriptive
25authority in accordance with Section 65-40 of the Nurse
26Practice Act may prescribe undesignated epinephrine injectors

 

 

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1in the name of the school district, public school, charter
2school, or nonpublic school to be maintained for use when
3necessary. Any supply of epinephrine injectors shall be
4maintained in accordance with the manufacturer's instructions.
5    The school district, public school, charter school, or
6nonpublic school may maintain a supply of an opioid antagonist
7in any secure location where an individual may have an opioid
8overdose. A health care professional who has been delegated
9prescriptive authority for opioid antagonists in accordance
10with Section 5-23 of the Substance Use Disorder Act may
11prescribe opioid antagonists in the name of the school
12district, public school, charter school, or nonpublic school,
13to be maintained for use when necessary. Any supply of opioid
14antagonists shall be maintained in accordance with the
15manufacturer's instructions.
16    The school district, public school, charter school, or
17nonpublic school may maintain a supply of asthma medication in
18any secure location that is accessible before, during, or
19after school where a person is most at risk, including, but not
20limited to, a classroom or the nurse's office. A physician, a
21physician assistant who has prescriptive authority under
22Section 7.5 of the Physician Assistant Practice Act of 1987,
23or an advanced practice registered nurse who has prescriptive
24authority under Section 65-40 of the Nurse Practice Act may
25prescribe undesignated asthma medication in the name of the
26school district, public school, charter school, or nonpublic

 

 

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1school to be maintained for use when necessary. Any supply of
2undesignated asthma medication must be maintained in
3accordance with the manufacturer's instructions.
4    (f-3) Whichever entity initiates the process of obtaining
5undesignated epinephrine injectors and providing training to
6personnel for carrying and administering undesignated
7epinephrine injectors shall pay for the costs of the
8undesignated epinephrine injectors.
9    (f-5) Upon any administration of an epinephrine injector,
10a school district, public school, charter school, or nonpublic
11school must immediately activate the EMS system and notify the
12student's parent, guardian, or emergency contact, if known.
13    Upon any administration of an opioid antagonist, a school
14district, public school, charter school, or nonpublic school
15must immediately activate the EMS system and notify the
16student's parent, guardian, or emergency contact, if known.
17    (f-10) Within 24 hours of the administration of an
18undesignated epinephrine injector, a school district, public
19school, charter school, or nonpublic school must notify the
20physician, physician assistant, or advanced practice
21registered nurse who provided the standing protocol and a
22prescription for the undesignated epinephrine injector of its
23use.
24    Within 24 hours after the administration of an opioid
25antagonist, a school district, public school, charter school,
26or nonpublic school must notify the health care professional

 

 

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1who provided the prescription for the opioid antagonist of its
2use.
3    Within 24 hours after the administration of undesignated
4asthma medication, a school district, public school, charter
5school, or nonpublic school must notify the student's parent
6or guardian or emergency contact, if known, and the physician,
7physician assistant, or advanced practice registered nurse who
8provided the standing protocol and a prescription for the
9undesignated asthma medication of its use. The district or
10school must follow up with the school nurse, if available, and
11may, with the consent of the child's parent or guardian,
12notify the child's health care provider of record, as
13determined under this Section, of its use.
14    (g) Prior to the administration of an undesignated
15epinephrine injector, trained personnel must submit to the
16school's administration proof of completion of a training
17curriculum to recognize and respond to anaphylaxis that meets
18the requirements of subsection (h) of this Section. Training
19must be completed annually. The school district, public
20school, charter school, or nonpublic school must maintain
21records related to the training curriculum and trained
22personnel.
23    Prior to the administration of an opioid antagonist,
24trained personnel must submit to the school's administration
25proof of completion of a training curriculum to recognize and
26respond to an opioid overdose, which curriculum must meet the

 

 

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1requirements of subsection (h-5) of this Section. Training
2must be completed annually. Trained personnel must also submit
3to the school's administration proof of cardiopulmonary
4resuscitation and automated external defibrillator
5certification. The school district, public school, charter
6school, or nonpublic school must maintain records relating to
7the training curriculum and the trained personnel.
8    Prior to the administration of undesignated asthma
9medication, trained personnel must submit to the school's
10administration proof of completion of a training curriculum to
11recognize and respond to respiratory distress, which must meet
12the requirements of subsection (h-10) of this Section.
13Training must be completed annually, and the school district,
14public school, charter school, or nonpublic school must
15maintain records relating to the training curriculum and the
16trained personnel.
17    (h) A training curriculum to recognize and respond to
18anaphylaxis, including the administration of an undesignated
19epinephrine injector, may be conducted online or in person.
20    Training shall include, but is not limited to:
21        (1) how to recognize signs and symptoms of an allergic
22    reaction, including anaphylaxis;
23        (2) how to administer an epinephrine injector; and
24        (3) a test demonstrating competency of the knowledge
25    required to recognize anaphylaxis and administer an
26    epinephrine injector.

 

 

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1    Training may also include, but is not limited to:
2        (A) a review of high-risk areas within a school and
3    its related facilities;
4        (B) steps to take to prevent exposure to allergens;
5        (C) emergency follow-up procedures, including the
6    importance of calling 9-1-1 or, if 9-1-1 is not available,
7    other local emergency medical services;
8        (D) how to respond to a student with a known allergy,
9    as well as a student with a previously unknown allergy;
10    and
11        (E) other criteria as determined in rules adopted
12    pursuant to this Section; and .
13        (F) any policy developed by the State Board of
14    Education under Section 2-3.182.
15    In consultation with statewide professional organizations
16representing physicians licensed to practice medicine in all
17of its branches, registered nurses, and school nurses, the
18State Board of Education shall make available resource
19materials consistent with criteria in this subsection (h) for
20educating trained personnel to recognize and respond to
21anaphylaxis. The State Board may take into consideration the
22curriculum on this subject developed by other states, as well
23as any other curricular materials suggested by medical experts
24and other groups that work on life-threatening allergy issues.
25The State Board is not required to create new resource
26materials. The State Board shall make these resource materials

 

 

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1available on its Internet website.
2    (h-5) A training curriculum to recognize and respond to an
3opioid overdose, including the administration of an opioid
4antagonist, may be conducted online or in person. The training
5must comply with any training requirements under Section 5-23
6of the Substance Use Disorder Act and the corresponding rules.
7It must include, but is not limited to:
8        (1) how to recognize symptoms of an opioid overdose;
9        (2) information on drug overdose prevention and
10    recognition;
11        (3) how to perform rescue breathing and resuscitation;
12        (4) how to respond to an emergency involving an opioid
13    overdose;
14        (5) opioid antagonist dosage and administration;
15        (6) the importance of calling 9-1-1 or, if 9-1-1 is
16    not available, other local emergency medical services;
17        (7) care for the overdose victim after administration
18    of the overdose antagonist;
19        (8) a test demonstrating competency of the knowledge
20    required to recognize an opioid overdose and administer a
21    dose of an opioid antagonist; and
22        (9) other criteria as determined in rules adopted
23    pursuant to this Section.
24    (h-10) A training curriculum to recognize and respond to
25respiratory distress, including the administration of
26undesignated asthma medication, may be conducted online or in

 

 

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1person. The training must include, but is not limited to:
2        (1) how to recognize symptoms of respiratory distress
3    and how to distinguish respiratory distress from
4    anaphylaxis;
5        (2) how to respond to an emergency involving
6    respiratory distress;
7        (3) asthma medication dosage and administration;
8        (4) the importance of calling 9-1-1 or, if 9-1-1 is
9    not available, other local emergency medical services;
10        (5) a test demonstrating competency of the knowledge
11    required to recognize respiratory distress and administer
12    asthma medication; and
13        (6) other criteria as determined in rules adopted
14    under this Section.
15    (i) Within 3 days after the administration of an
16undesignated epinephrine injector by a school nurse, trained
17personnel, or a student at a school or school-sponsored
18activity, the school must report to the State Board of
19Education in a form and manner prescribed by the State Board
20the following information:
21        (1) age and type of person receiving epinephrine
22    (student, staff, visitor);
23        (2) any previously known diagnosis of a severe
24    allergy;
25        (3) trigger that precipitated allergic episode;
26        (4) location where symptoms developed;

 

 

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1        (5) number of doses administered;
2        (6) type of person administering epinephrine (school
3    nurse, trained personnel, student); and
4        (7) any other information required by the State Board.
5    If a school district, public school, charter school, or
6nonpublic school maintains or has an independent contractor
7providing transportation to students who maintains a supply of
8undesignated epinephrine injectors, then the school district,
9public school, charter school, or nonpublic school must report
10that information to the State Board of Education upon adoption
11or change of the policy of the school district, public school,
12charter school, nonpublic school, or independent contractor,
13in a manner as prescribed by the State Board. The report must
14include the number of undesignated epinephrine injectors in
15supply.
16    (i-5) Within 3 days after the administration of an opioid
17antagonist by a school nurse or trained personnel, the school
18must report to the State Board of Education, in a form and
19manner prescribed by the State Board, the following
20information:
21        (1) the age and type of person receiving the opioid
22    antagonist (student, staff, or visitor);
23        (2) the location where symptoms developed;
24        (3) the type of person administering the opioid
25    antagonist (school nurse or trained personnel); and
26        (4) any other information required by the State Board.

 

 

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1    (i-10) Within 3 days after the administration of
2undesignated asthma medication by a school nurse, trained
3personnel, or a student at a school or school-sponsored
4activity, the school must report to the State Board of
5Education, on a form and in a manner prescribed by the State
6Board of Education, the following information:
7        (1) the age and type of person receiving the asthma
8    medication (student, staff, or visitor);
9        (2) any previously known diagnosis of asthma for the
10    person;
11        (3) the trigger that precipitated respiratory
12    distress, if identifiable;
13        (4) the location of where the symptoms developed;
14        (5) the number of doses administered;
15        (6) the type of person administering the asthma
16    medication (school nurse, trained personnel, or student);
17        (7) the outcome of the asthma medication
18    administration; and
19        (8) any other information required by the State Board.
20    (j) By October 1, 2015 and every year thereafter, the
21State Board of Education shall submit a report to the General
22Assembly identifying the frequency and circumstances of
23undesignated epinephrine and undesignated asthma medication
24administration during the preceding academic year. Beginning
25with the 2017 report, the report shall also contain
26information on which school districts, public schools, charter

 

 

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1schools, and nonpublic schools maintain or have independent
2contractors providing transportation to students who maintain
3a supply of undesignated epinephrine injectors. This report
4shall be published on the State Board's Internet website on
5the date the report is delivered to the General Assembly.
6    (j-5) Annually, each school district, public school,
7charter school, or nonpublic school shall request an asthma
8action plan from the parents or guardians of a pupil with
9asthma. If provided, the asthma action plan must be kept on
10file in the office of the school nurse or, in the absence of a
11school nurse, the school administrator. Copies of the asthma
12action plan may be distributed to appropriate school staff who
13interact with the pupil on a regular basis, and, if
14applicable, may be attached to the pupil's federal Section 504
15plan or individualized education program plan.
16    (j-10) To assist schools with emergency response
17procedures for asthma, the State Board of Education, in
18consultation with statewide professional organizations with
19expertise in asthma management and a statewide organization
20representing school administrators, shall develop a model
21asthma episode emergency response protocol before September 1,
222016. Each school district, charter school, and nonpublic
23school shall adopt an asthma episode emergency response
24protocol before January 1, 2017 that includes all of the
25components of the State Board's model protocol.
26    (j-15) Every 2 years, school personnel who work with

 

 

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1pupils shall complete an in-person or online training program
2on the management of asthma, the prevention of asthma
3symptoms, and emergency response in the school setting. In
4consultation with statewide professional organizations with
5expertise in asthma management, the State Board of Education
6shall make available resource materials for educating school
7personnel about asthma and emergency response in the school
8setting.
9    (j-20) On or before October 1, 2016 and every year
10thereafter, the State Board of Education shall submit a report
11to the General Assembly and the Department of Public Health
12identifying the frequency and circumstances of opioid
13antagonist administration during the preceding academic year.
14This report shall be published on the State Board's Internet
15website on the date the report is delivered to the General
16Assembly.
17    (k) The State Board of Education may adopt rules necessary
18to implement this Section.
19    (l) Nothing in this Section shall limit the amount of
20epinephrine injectors that any type of school or student may
21carry or maintain a supply of.
22(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
23100-726, eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff.
241-1-19; 101-81, eff. 7-12-19.)
 
25    (105 ILCS 5/2-3.149 rep.)

 

 

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1    Section 905. The School Code is amended by repealing
2Section 2-3.149.
 
3    Section 910. The Child Care Act of 1969 is amended by
4adding Section 5.11 as follows:
 
5    (225 ILCS 10/5.11 new)
6    Sec. 5.11. Plan for anaphylactic shock. The Department
7shall require each licensed day care center, day care home,
8and group day care home to have a plan for anaphylactic shock
9to be followed for the prevention of anaphylaxis and during a
10medical emergency resulting from anaphylaxis. The plan should
11be based on the guidance and recommendations provided by the
12American Academy of Pediatrics relating to the management of
13food allergies or other allergies. The plan should be shared
14with parents or guardians upon enrollment at each licensed day
15care center, day care home, and group day care home. If a child
16requires specific specialized treatment during an episode of
17anaphylaxis, that child's treatment plan should be kept by the
18staff of the day care center, day care home, or group day care
19home and followed in the event of an emergency. Each licensed
20day care center, day care home, and group day care home shall
21have at least one staff member present at all times who has
22taken a training course in recognizing and responding to
23anaphylaxis.
 
24    Section 999. Effective date. This Act takes effect July 1,

 

 

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12021.