Full Text of HB4462 99th General Assembly
HB4462enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Epinephrine Auto-Injector Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Administer" means to directly apply an epinephrine | 8 | | auto-injector to the body of an individual. | 9 | | "Authorized entity" means any entity or organization, | 10 | | other than a school covered under Section 22-30 of the School | 11 | | Code, in connection with or at which allergens capable of | 12 | | causing anaphylaxis may be present, including, but not limited | 13 | | to, independent contractors who provide student transportation | 14 | | to schools, recreation camps, colleges and universities, day | 15 | | care facilities, youth sports leagues, amusement parks, | 16 | | restaurants, sports arenas, and places of employment. The | 17 | | Department shall, by rule, determine what constitutes a day | 18 | | care facility under this definition. | 19 | | "Department" means the Department of Public Health. | 20 | | "Epinephrine auto-injector" means a single-use device used | 21 | | for the automatic injection of a pre-measured dose of | 22 | | epinephrine into the human body. | 23 | | "Health care practitioner" means a physician licensed to |
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| 1 | | practice medicine in all its branches under the Medical | 2 | | Practice Act of 1987, a physician assistant under the Physician | 3 | | Assistant Practice Act of 1987 with prescriptive authority, or | 4 | | an advanced practice nurse with prescribing authority under | 5 | | Article 65 of the Nurse Practice Act. | 6 | | "Pharmacist" has the meaning given to that term under | 7 | | subsection (k-5) of Section 3 of the Pharmacy Practice Act. | 8 | | "Undesignated epinephrine auto-injector" means an | 9 | | epinephrine auto-injector prescribed in the name of an | 10 | | authorized entity. | 11 | | Section 10. Prescription to authorized entity; use; | 12 | | training. | 13 | | (a) A health care practitioner may prescribe epinephrine | 14 | | auto-injectors in the name of an authorized entity for use in | 15 | | accordance with this Act, and pharmacists and health care | 16 | | practitioners may dispense epinephrine auto-injectors pursuant | 17 | | to a prescription issued in the name of an authorized entity. | 18 | | Such prescriptions shall be valid for a period of 2 years. | 19 | | (b) An authorized entity may acquire and stock a supply of | 20 | | undesignated epinephrine auto-injectors pursuant to a | 21 | | prescription issued under subsection (a) of this Section. Such | 22 | | undesignated epinephrine auto-injectors shall be stored in a | 23 | | location readily accessible in an emergency and in accordance | 24 | | with the instructions for use of the epinephrine | 25 | | auto-injectors. The Department may establish any additional |
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| 1 | | requirements an authorized entity must follow under this Act. | 2 | | (c) An employee or agent of an authorized entity or other | 3 | | individual who has completed training under subsection (d) of | 4 | | this Section may: | 5 | | (1) provide an epinephrine auto-injector to any | 6 | | individual on the property of the authorized entity whom | 7 | | the employee, agent, or other individual believes in good | 8 | | faith is experiencing anaphylaxis, or to the parent, | 9 | | guardian, or caregiver of such individual, for immediate | 10 | | administration, regardless of whether the individual has a | 11 | | prescription for an epinephrine auto-injector or has | 12 | | previously been diagnosed with an allergy; or | 13 | | (2) administer an epinephrine auto-injector to any | 14 | | individual on the property of the authorized entity whom | 15 | | the employee, agent, or other individual believes in good | 16 | | faith is experiencing anaphylaxis, regardless of whether | 17 | | the individual has a prescription for an epinephrine | 18 | | auto-injector or has previously been diagnosed with an | 19 | | allergy. | 20 | | (d) An employee, agent, or other individual authorized must | 21 | | complete an anaphylaxis training program before he or she is | 22 | | able to provide or administer an epinephrine auto-injector | 23 | | under this Section. Such training shall be valid for a period | 24 | | of 2 years and shall be conducted by a nationally recognized | 25 | | organization experienced in training laypersons in emergency | 26 | | health treatment. The Department shall include links to |
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| 1 | | training providers' websites on its website. | 2 | | Training shall include, but is not limited to: | 3 | | (1) how to recognize signs and symptoms of an allergic | 4 | | reaction, including anaphylaxis; | 5 | | (2) how to administer an epinephrine auto-injector; | 6 | | and | 7 | | (3) a test demonstrating competency of the knowledge | 8 | | required to recognize anaphylaxis and administer an | 9 | | epinephrine auto-injector. | 10 | | Training may also include, but is not limited to: | 11 | | (A) a review of high-risk areas on the authorized | 12 | | entity's property and its related facilities; | 13 | | (B) steps to take to prevent exposure to allergens; | 14 | | (C) emergency follow-up procedures; and | 15 | | (D) other criteria as determined in rules adopted | 16 | | pursuant to this Act. | 17 | | Training may be conducted either online or in person. The | 18 | | Department shall approve training programs and list permitted | 19 | | training programs on the Department's Internet website. | 20 | | Section 15. Costs. Whichever entity initiates the process | 21 | | of obtaining undesignated epinephrine auto-injectors and | 22 | | providing training to personnel for carrying and administering | 23 | | undesignated epinephrine auto-injectors shall pay for the | 24 | | costs of the undesignated epinephrine auto-injectors. |
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| 1 | | Section 20. Limitations. The use of an undesignated | 2 | | epinephrine auto-injector in accordance with the requirements | 3 | | of this Act does not constitute the practice of medicine or any | 4 | | other profession that requires medical licensure. | 5 | | Nothing in this Act shall limit the amount of epinephrine | 6 | | auto-injectors that an authorized entity or individual may | 7 | | carry or maintain a supply of. | 8 | | Section 85. Rulemaking. The Department shall adopt any | 9 | | rules necessary to implement and administer this Act. | 10 | | Section 87. The State Police Act is amended by adding | 11 | | Section 40 as follows: | 12 | | (20 ILCS 2610/40 new) | 13 | | Sec. 40. Training; administration of epinephrine. | 14 | | (a) This Section, along with Section 10.19 of the Illinois | 15 | | Police Training Act, may be referred to as the Annie LeGere | 16 | | Law. | 17 | | (b) For the purposes of this Section, "epinephrine | 18 | | auto-injector" means a single-use device used for the automatic | 19 | | injection of a pre-measured dose of epinephrine into the human | 20 | | body prescribed in the name of the Department. | 21 | | (c) The Department may conduct or approve a training | 22 | | program for State Police officers to recognize and respond to | 23 | | anaphylaxis, including, but not limited to: |
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| 1 | | (1) how to recognize symptoms of an allergic reaction; | 2 | | (2) how to respond to an emergency involving an | 3 | | allergic reaction; | 4 | | (3) how to administer an epinephrine auto-injector; | 5 | | (4) how to respond to an individual with a known | 6 | | allergy as well as an individual with a previously unknown | 7 | | allergy; | 8 | | (5) a test demonstrating competency of the knowledge | 9 | | required to recognize anaphylaxis and administer an | 10 | | epinephrine auto-injector; and | 11 | | (6) other criteria as determined in rules adopted by | 12 | | the Department. | 13 | | (d) The Department may authorize a State Police officer who | 14 | | has completed the training program under subsection (c) to | 15 | | carry, administer, or assist with the administration of | 16 | | epinephrine auto-injectors whenever he or she is performing | 17 | | official duties. | 18 | | (e) The Department must establish a written policy to | 19 | | control the acquisition, storage, transportation, | 20 | | administration, and disposal of epinephrine auto-injectors | 21 | | before it allows any State Police officer to carry and | 22 | | administer epinephrine auto-injectors. | 23 | | (f) A physician, physician's assistant with prescriptive | 24 | | authority, or advanced practice registered nurse with | 25 | | prescriptive authority may provide a standing protocol or | 26 | | prescription for epinephrine auto-injectors in the name of the |
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| 1 | | Department to be maintained for use when necessary. | 2 | | (g) When a State Police officer administers epinephrine | 3 | | auto-injector in good faith, the officer and the Department, | 4 | | and its employees and agents, incur no liability, except for | 5 | | willful and wanton conduct, as a result of any injury or death | 6 | | arising from the use of an epinephrine auto-injector. | 7 | | Section 88. The Illinois Police Training Act is amended by | 8 | | adding Section 10.19 as follows: | 9 | | (50 ILCS 705/10.19 new) | 10 | | Sec. 10.19. Training; administration of epinephrine. | 11 | | (a) This Section, along with Section 40 of the State Police | 12 | | Act, may be referred to as the Annie LeGere Law. | 13 | | (b) For purposes of this Section, "epinephrine | 14 | | auto-injector" means a single-use device used for the automatic | 15 | | injection of a pre-measured dose of epinephrine into the human | 16 | | body prescribed in the name of a local governmental agency. | 17 | | (c) The Board shall conduct or approve an optional advanced | 18 | | training program for police officers to recognize and respond | 19 | | to anaphylaxis, including the administration of an epinephrine | 20 | | auto-injector. The training must include, but is not limited | 21 | | to: | 22 | | (1) how to recognize symptoms of an allergic reaction; | 23 | | (2) how to respond to an emergency involving an | 24 | | allergic reaction; |
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| 1 | | (3) how to administer an epinephrine auto-injector; | 2 | | (4) how to respond to an individual with a known | 3 | | allergy as well as an individual with a previously unknown | 4 | | allergy; | 5 | | (5) a test demonstrating competency of the knowledge | 6 | | required to recognize anaphylaxis and administer an | 7 | | epinephrine auto-injector; and | 8 | | (6) other criteria as determined in rules adopted by | 9 | | the Board. | 10 | | (d) A local governmental agency may authorize a police | 11 | | officer who has completed an optional advanced training program | 12 | | under subsection (c) to carry, administer, or assist with the | 13 | | administration of epinephrine auto-injectors provided by the | 14 | | local governmental agency whenever he or she is performing | 15 | | official duties. | 16 | | (e) A local governmental agency that authorizes its | 17 | | officers to carry and administer epinephrine auto-injectors | 18 | | under subsection (d) must establish a policy to control the | 19 | | acquisition, storage, transportation, administration, and | 20 | | disposal of epinephrine auto-injectors and to provide | 21 | | continued training in the administration of epinephrine | 22 | | auto-injectors. | 23 | | (f) A physician, physician's assistant with prescriptive | 24 | | authority, or advanced practice registered nurse with | 25 | | prescriptive authority may provide a standing protocol or | 26 | | prescription for epinephrine auto-injectors in the name of a |
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| 1 | | local governmental agency to be maintained for use when | 2 | | necessary. | 3 | | (g) When a police officer administers an epinephrine | 4 | | auto-injector in good faith, the police officer and local | 5 | | governmental agency, and its employees and agents, incur no | 6 | | liability, except for willful and wanton conduct, as a result | 7 | | of any injury or death arising from the use of an epinephrine | 8 | | auto-injector. | 9 | | Section 90. The School Code is amended by changing Section | 10 | | 22-30 as follows:
| 11 | | (105 ILCS 5/22-30)
| 12 | | Sec. 22-30. Self-administration and self-carry of asthma | 13 | | medication and epinephrine auto-injectors; administration of | 14 | | undesignated epinephrine auto-injectors; administration of an | 15 | | opioid antagonist.
| 16 | | (a) For the purpose of this Section only, the following | 17 | | terms shall have the meanings set forth below:
| 18 | | "Asthma inhaler" means a quick reliever asthma inhaler. | 19 | | "Epinephrine auto-injector" means a single-use device used | 20 | | for the automatic injection of a pre-measured dose of | 21 | | epinephrine into the human body.
| 22 | | "Asthma medication" means a medicine, prescribed by (i) a | 23 | | physician
licensed to practice medicine in all its branches,
| 24 | | (ii) a licensed physician assistant with prescriptive |
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| 1 | | authority, or (iii) a licensed advanced practice
nurse with | 2 | | prescriptive authority
for a pupil that pertains to the pupil's
| 3 | | asthma and that has an individual prescription label.
| 4 | | "Opioid antagonist" means a drug that binds to opioid | 5 | | receptors and blocks or inhibits the effect of opioids acting | 6 | | on those receptors, including, but not limited to, naloxone | 7 | | hydrochloride or any other similarly acting drug approved by | 8 | | the U.S. Food and Drug Administration. | 9 | | "School nurse" means a registered nurse working in a school | 10 | | with or without licensure endorsed in school nursing. | 11 | | "Self-administration" means a pupil's discretionary use of | 12 | | his or
her prescribed asthma medication or epinephrine | 13 | | auto-injector.
| 14 | | "Self-carry" means a pupil's ability to carry his or her | 15 | | prescribed asthma medication or epinephrine auto-injector. | 16 | | "Standing protocol" may be issued by (i) a physician | 17 | | licensed to practice medicine in all its branches, (ii) a | 18 | | licensed physician assistant with prescriptive authority, or | 19 | | (iii) a licensed advanced practice nurse with prescriptive | 20 | | authority . | 21 | | "Trained personnel" means any school employee or volunteer | 22 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 23 | | 10-22.34b of this Code who has completed training under | 24 | | subsection (g) of this Section to recognize and respond to | 25 | | anaphylaxis. | 26 | | "Undesignated epinephrine auto-injector" means an |
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| 1 | | epinephrine auto-injector prescribed in the name of a school | 2 | | district, public school, or nonpublic school. | 3 | | (b) A school, whether public or nonpublic, must permit the
| 4 | | self-administration and self-carry of asthma
medication by a | 5 | | pupil with asthma or the self-administration and self-carry of | 6 | | an epinephrine auto-injector by a pupil, provided that:
| 7 | | (1) the parents or
guardians of the pupil provide to | 8 | | the school (i) written
authorization from the parents or | 9 | | guardians for (A) the self-administration and self-carry | 10 | | of asthma medication or (B) the self-carry of asthma | 11 | | medication or (ii) for (A) the self-administration and | 12 | | self-carry of an epinephrine auto-injector or (B) the | 13 | | self-carry of an epinephrine auto-injector, written | 14 | | authorization from the pupil's physician, physician | 15 | | assistant, or advanced practice nurse; and
| 16 | | (2) the
parents or guardians of the pupil provide to | 17 | | the school (i) the prescription label, which must contain | 18 | | the name of the asthma medication, the prescribed dosage, | 19 | | and the time at which or circumstances under which the | 20 | | asthma medication is to be administered, or (ii) for the | 21 | | self-administration or self-carry of an epinephrine | 22 | | auto-injector, a
written
statement from the pupil's | 23 | | physician, physician assistant, or advanced practice
nurse | 24 | | containing
the following information:
| 25 | | (A) the name and purpose of the epinephrine | 26 | | auto-injector;
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| 1 | | (B) the prescribed dosage; and
| 2 | | (C) the time or times at which or the special | 3 | | circumstances
under which the epinephrine | 4 | | auto-injector is to be administered.
| 5 | | The information provided shall be kept on file in the office of | 6 | | the school
nurse or,
in the absence of a school nurse, the | 7 | | school's administrator.
| 8 | | (b-5) A school district, public school, or nonpublic school | 9 | | may authorize the provision of a student-specific or | 10 | | undesignated epinephrine auto-injector to a student or any | 11 | | personnel authorized under a student's Individual Health Care | 12 | | Action Plan, Illinois Food Allergy Emergency Action Plan and | 13 | | Treatment Authorization Form, or plan pursuant to Section 504 | 14 | | of the federal Rehabilitation Act of 1973 to administer an | 15 | | epinephrine auto-injector to the student, that meets the | 16 | | student's prescription on file. | 17 | | (b-10) The school district, public school, or nonpublic | 18 | | school may authorize a school nurse or trained personnel to do | 19 | | the following: (i) provide an undesignated epinephrine | 20 | | auto-injector to a student for self-administration only or any | 21 | | personnel authorized under a student's Individual Health Care | 22 | | Action Plan, Illinois Food Allergy Emergency Action Plan and | 23 | | Treatment Authorization Form, or plan pursuant to Section 504 | 24 | | of the federal Rehabilitation Act of 1973 to administer to the | 25 | | student, that meets the student's prescription on file; (ii) | 26 | | administer an undesignated epinephrine auto-injector that |
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| 1 | | meets the prescription on file to any student who has an | 2 | | Individual Health Care Action Plan, Illinois Food Allergy | 3 | | Emergency Action Plan and Treatment Authorization Form, or plan | 4 | | pursuant to Section 504 of the federal Rehabilitation Act of | 5 | | 1973 that authorizes the use of an epinephrine auto-injector; | 6 | | (iii) administer an undesignated epinephrine auto-injector to | 7 | | any person that the school nurse or trained personnel in good | 8 | | faith believes is having an anaphylactic reaction; and (iv) | 9 | | administer an opioid antagonist to any person that the school | 10 | | nurse or trained personnel in good faith believes is having an | 11 | | opioid overdose. | 12 | | (c) The school district, public school, or nonpublic school | 13 | | must inform the parents or
guardians of the
pupil, in writing, | 14 | | that the school district, public school, or nonpublic school | 15 | | and its
employees and
agents, including a physician, physician | 16 | | assistant, or advanced practice nurse providing standing | 17 | | protocol or prescription for school epinephrine | 18 | | auto-injectors,
are to incur no liability or professional | 19 | | discipline, except for willful and wanton conduct, as a result
| 20 | | of any injury arising from the
administration of asthma | 21 | | medication, an epinephrine auto-injector, or an opioid | 22 | | antagonist regardless of whether authorization was given by the | 23 | | pupil's parents or guardians or by the pupil's physician, | 24 | | physician assistant, or advanced practice nurse. The parents or | 25 | | guardians
of the pupil must sign a statement acknowledging that | 26 | | the school district, public school, or nonpublic school and its |
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| 1 | | employees and agents are to incur no liability, except for | 2 | | willful and wanton
conduct, as a result of any injury arising
| 3 | | from the
administration of asthma medication, an epinephrine | 4 | | auto-injector, or an opioid antagonist regardless of whether | 5 | | authorization was given by the pupil's parents or guardians or | 6 | | by the pupil's physician, physician assistant, or advanced | 7 | | practice nurse and that the parents or
guardians must indemnify | 8 | | and hold harmless the school district, public school, or | 9 | | nonpublic
school and
its
employees and agents against any | 10 | | claims, except a claim based on willful and
wanton conduct, | 11 | | arising out of the
administration of asthma medication, an | 12 | | epinephrine auto-injector, or an opioid antagonist regardless | 13 | | of whether authorization was given by the pupil's parents or | 14 | | guardians or by the pupil's physician, physician assistant, or | 15 | | advanced practice nurse. | 16 | | (c-5) When a school nurse or trained personnel administers | 17 | | an undesignated epinephrine auto-injector to a person whom the | 18 | | school nurse or trained personnel in good faith believes is | 19 | | having an anaphylactic reaction , or administers an opioid | 20 | | antagonist to a person whom the school nurse or trained | 21 | | personnel in good faith believes is having an opioid overdose, | 22 | | notwithstanding the lack of notice to the parents or guardians | 23 | | of the pupil or the absence of the parents or guardians signed | 24 | | statement acknowledging no liability, except for willful and | 25 | | wanton conduct, the school district, public school, or | 26 | | nonpublic school and its employees and agents, and a physician, |
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| 1 | | a physician assistant, or an advanced practice nurse providing | 2 | | standing protocol or prescription for undesignated epinephrine | 3 | | auto-injectors, are to incur no liability or professional | 4 | | discipline, except for willful and wanton conduct, as a result | 5 | | of any injury arising from the use of an undesignated | 6 | | epinephrine auto-injector or the use of an opioid antagonist | 7 | | regardless of whether authorization was given by the pupil's | 8 | | parents or guardians or by the pupil's physician, physician | 9 | | assistant, or advanced practice nurse.
| 10 | | (d) The permission for self-administration and self-carry | 11 | | of asthma medication or the self-administration and self-carry | 12 | | of an epinephrine auto-injector is effective
for the school | 13 | | year for which it is granted and shall be renewed each
| 14 | | subsequent school year upon fulfillment of the requirements of | 15 | | this
Section.
| 16 | | (e) Provided that the requirements of this Section are | 17 | | fulfilled, a
pupil with asthma may self-administer and | 18 | | self-carry his or her asthma medication or a pupil may | 19 | | self-administer and self-carry an epinephrine auto-injector | 20 | | (i) while in
school, (ii) while at a school-sponsored activity, | 21 | | (iii) while under the
supervision of
school personnel, or (iv) | 22 | | before or after normal school activities, such
as while in | 23 | | before-school or after-school care on school-operated
property | 24 | | or while being transported on a school bus .
| 25 | | (e-5) Provided that the requirements of this Section are | 26 | | fulfilled, a school nurse or trained personnel may administer |
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| 1 | | an undesignated epinephrine auto-injector to any person whom | 2 | | the school nurse or trained personnel in good faith believes to | 3 | | be having an anaphylactic reaction (i) while in school, (ii) | 4 | | while at a school-sponsored activity, (iii) while under the | 5 | | supervision of school personnel, or (iv) before or after normal | 6 | | school activities, such
as while in before-school or | 7 | | after-school care on school-operated property or while being | 8 | | transported on a school bus . A school nurse or trained | 9 | | personnel may carry undesignated epinephrine auto-injectors on | 10 | | his or her person while in school or at a school-sponsored | 11 | | activity. | 12 | | (e-10) Provided that the requirements of this Section are | 13 | | fulfilled, a school nurse or trained personnel may administer | 14 | | an opioid antagonist to any person whom the school nurse or | 15 | | trained personnel in good faith believes to be having an opioid | 16 | | overdose (i) while in school, (ii) while at a school-sponsored | 17 | | activity, (iii) while under the supervision of school | 18 | | personnel, or (iv) before or after normal school activities, | 19 | | such as while in before-school or after-school care on | 20 | | school-operated property. A school nurse or trained personnel | 21 | | may carry an opioid antagonist on their person while in school | 22 | | or at a school-sponsored activity. | 23 | | (f) The school district, public school, or nonpublic school | 24 | | may maintain a supply of undesignated epinephrine | 25 | | auto-injectors in any secure location that is accessible | 26 | | before, during, and after school where an allergic person is |
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| 1 | | most at risk, including, but not limited to, classrooms and | 2 | | lunchrooms. A physician, a physician assistant who has been | 3 | | delegated prescriptive authority in accordance with Section | 4 | | 7.5 of the Physician Assistant Practice Act of 1987, or an | 5 | | advanced practice nurse who has been delegated prescriptive | 6 | | authority in accordance with Section 65-40 of the Nurse | 7 | | Practice Act may prescribe undesignated epinephrine | 8 | | auto-injectors in the name of the school district, public | 9 | | school, or nonpublic school to be maintained for use when | 10 | | necessary. Any supply of epinephrine auto-injectors shall be | 11 | | maintained in accordance with the manufacturer's instructions. | 12 | | The school district, public school, or nonpublic school may | 13 | | maintain a supply of an opioid antagonist in any secure | 14 | | location where an individual may have an opioid overdose. A | 15 | | health care professional who has been delegated prescriptive | 16 | | authority for opioid antagonists in accordance with Section | 17 | | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | 18 | | may prescribe opioid antagonists in the name of the school | 19 | | district, public school, or nonpublic school, to be maintained | 20 | | for use when necessary. Any supply of opioid antagonists shall | 21 | | be maintained in accordance with the manufacturer's | 22 | | instructions. | 23 | | (f-3) Whichever entity initiates the process of obtaining | 24 | | undesignated epinephrine auto-injectors and providing training | 25 | | to personnel for carrying and administering undesignated | 26 | | epinephrine auto-injectors shall pay for the costs of the |
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| 1 | | undesignated epinephrine auto-injectors. | 2 | | (f-5) Upon any administration of an epinephrine | 3 | | auto-injector, a school district, public school, or nonpublic | 4 | | school must immediately activate the EMS system and notify the | 5 | | student's parent, guardian, or emergency contact, if known. | 6 | | Upon any administration of an opioid antagonist, a school | 7 | | district, public school, or nonpublic school must immediately | 8 | | activate the EMS system and notify the student's parent, | 9 | | guardian, or emergency contact, if known. | 10 | | (f-10) Within 24 hours of the administration of an | 11 | | undesignated epinephrine auto-injector, a school district, | 12 | | public school, or nonpublic school must notify the physician, | 13 | | physician assistant, or advanced advance practice nurse who | 14 | | provided the standing protocol or prescription for the | 15 | | undesignated epinephrine auto-injector of its use. | 16 | | Within 24 hours after the administration of an opioid | 17 | | antagonist, a school district, public school, or nonpublic | 18 | | school must notify the health care professional who provided | 19 | | the prescription for the opioid antagonist of its use. | 20 | | (g) Prior to the administration of an undesignated | 21 | | epinephrine auto-injector, trained personnel must submit to | 22 | | their his or her school's administration proof of completion of | 23 | | a training curriculum to recognize and respond to anaphylaxis | 24 | | that meets the requirements of subsection (h) of this Section. | 25 | | Training must be completed annually. Trained personnel must | 26 | | also submit to his or her school's administration proof of |
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| 1 | | cardiopulmonary resuscitation and automated external | 2 | | defibrillator certification. The school district, public | 3 | | school, or nonpublic school must maintain records related to | 4 | | the training curriculum and trained personnel. | 5 | | Prior to the administration of an opioid antagonist, | 6 | | trained personnel must submit to their school's administration | 7 | | proof of completion of a training curriculum to recognize and | 8 | | respond to an opioid overdose, which curriculum must meet the | 9 | | requirements of subsection (h-5) of this Section. Training must | 10 | | be completed annually. Trained personnel must also submit to | 11 | | the school's administration proof of cardiopulmonary | 12 | | resuscitation and automated external defibrillator | 13 | | certification. The school district, public school, or | 14 | | nonpublic school must maintain records relating to the training | 15 | | curriculum and the trained personnel. | 16 | | (h) A training curriculum to recognize and respond to | 17 | | anaphylaxis, including the administration of an undesignated | 18 | | epinephrine auto-injector, may be conducted online or in | 19 | | 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 auto-injector; | 24 | | and | 25 | | (3) a test demonstrating competency of the knowledge | 26 | | required to recognize anaphylaxis and administer an |
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| 1 | | epinephrine auto-injector. | 2 | | Training may also include, but is not limited to: | 3 | | (A) a review of high-risk areas within a school and its | 4 | | related facilities; | 5 | | (B) steps to take to prevent exposure to allergens; | 6 | | (C) emergency follow-up procedures; | 7 | | (D) how to respond to a student with a known allergy, | 8 | | as well as a student with a previously unknown allergy; and | 9 | | (E) other criteria as determined in rules adopted | 10 | | pursuant to this Section. It must include, but is not | 11 | | limited to: | 12 | | (1) how to recognize symptoms of an allergic reaction; | 13 | | (2) a review of high-risk areas within the school and | 14 | | its related facilities; | 15 | | (3) steps to take to prevent exposure to allergens; | 16 | | (4) how to respond to an emergency involving an | 17 | | allergic reaction; | 18 | | (5) how to administer an epinephrine auto-injector; | 19 | | (6) how to respond to a student with a known allergy as | 20 | | well as a student with a previously unknown allergy; | 21 | | (7) a test demonstrating competency of the knowledge | 22 | | required to recognize anaphylaxis and administer an | 23 | | epinephrine auto-injector; and | 24 | | (8) other criteria as determined in rules adopted | 25 | | pursuant to this Section. | 26 | | In consultation with statewide professional organizations |
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| 1 | | representing physicians licensed to practice medicine in all of | 2 | | its branches, registered nurses, and school nurses, the State | 3 | | Board of Education shall make available resource materials | 4 | | consistent with criteria in this subsection (h) for educating | 5 | | trained personnel to recognize and respond to anaphylaxis. The | 6 | | State Board may take into consideration the curriculum on this | 7 | | subject developed by other states, as well as any other | 8 | | curricular materials suggested by medical experts and other | 9 | | groups that work on life-threatening allergy issues. The State | 10 | | Board is not required to create new resource materials. The | 11 | | State Board shall make these resource materials available on | 12 | | its Internet website. | 13 | | (h-5) A training curriculum to recognize and respond to an | 14 | | opioid overdose, including the administration of an opioid | 15 | | antagonist, may be conducted online or in person. The training | 16 | | must comply with any training requirements under Section 5-23 | 17 | | of the Alcoholism and Other Drug Abuse and Dependency Act and | 18 | | the corresponding rules. It must include, but is not limited | 19 | | to: | 20 | | (1) how to recognize symptoms of an opioid overdose; | 21 | | (2) information on drug overdose prevention and | 22 | | recognition; | 23 | | (3) how to perform rescue breathing and resuscitation; | 24 | | (4) how to respond to an emergency involving an opioid | 25 | | overdose; | 26 | | (5) opioid antagonist dosage and administration; |
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| 1 | | (6) the importance of calling 911; | 2 | | (7) care for the overdose victim after administration | 3 | | of the overdose antagonist; | 4 | | (8) a test demonstrating competency of the knowledge | 5 | | required to recognize an opioid overdose and administer a | 6 | | dose of an opioid antagonist; and | 7 | | (9) other criteria as determined in rules adopted | 8 | | pursuant to this Section. | 9 | | (i) Within 3 days after the administration of an | 10 | | undesignated epinephrine auto-injector by a school nurse, | 11 | | trained personnel, or a student at a school or school-sponsored | 12 | | activity, the school must report to the State Board of | 13 | | Education in a form and manner prescribed by the State Board | 14 | | the following information: | 15 | | (1) age and type of person receiving epinephrine | 16 | | (student, staff, visitor); | 17 | | (2) any previously known diagnosis of a severe allergy; | 18 | | (3) trigger that precipitated allergic episode; | 19 | | (4) location where symptoms developed; | 20 | | (5) number of doses administered; | 21 | | (6) type of person administering epinephrine (school | 22 | | nurse, trained personnel, student); and | 23 | | (7) any other information required by the State Board. | 24 | | If a school district, public school, or nonpublic school | 25 | | maintains or has an independent contractor providing | 26 | | transportation to students who maintains a supply of |
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| 1 | | undesignated epinephrine auto-injectors, then the school | 2 | | district, public school, or nonpublic school must report that | 3 | | information to the State Board of Education upon adoption or | 4 | | change of the policy of the school district, public school, | 5 | | nonpublic school, or independent contractor, in a manner as | 6 | | prescribed by the State Board. The report must include the | 7 | | number of undesignated epinephrine auto-injectors in supply. | 8 | | (i-5) Within 3 days after the administration of an opioid | 9 | | antagonist by a school nurse or trained personnel, the school | 10 | | must report to the State Board, in a form and manner prescribed | 11 | | by the State Board, the following information: | 12 | | (1) the age and type of person receiving the opioid | 13 | | antagonist (student, staff, or visitor); | 14 | | (2) the location where symptoms developed; | 15 | | (3) the type of person administering the opioid | 16 | | antagonist (school nurse or trained personnel); and | 17 | | (4) any other information required by the State Board. | 18 | | (j) By October 1, 2015 and every year thereafter, the State | 19 | | Board of Education shall submit a report to the General | 20 | | Assembly identifying the frequency and circumstances of | 21 | | epinephrine administration during the preceding academic year. | 22 | | Beginning with the 2017 report, the report shall also contain | 23 | | information on which school districts, public schools, and | 24 | | nonpublic schools maintain or have independent contractors | 25 | | providing transportation to students who maintain a supply of | 26 | | undesignated epinephrine auto-injectors. This report shall be |
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| 1 | | published on the State Board's Internet website on the date the | 2 | | report is delivered to the General Assembly. | 3 | | On or before October 1, 2016 and every year thereafter, the | 4 | | State Board shall submit a report to the General Assembly and | 5 | | the Department of Public Health identifying the frequency and | 6 | | circumstances of opioid antagonist administration during the | 7 | | preceding academic year. This report shall be published on the | 8 | | State Board's Internet website on the date the report is | 9 | | delivered to the General Assembly. | 10 | | (k) The State Board of Education may adopt rules necessary | 11 | | to implement this Section. | 12 | | (l) Nothing in this Section shall limit the amount of | 13 | | epinephrine auto-injectors that any type of school or student | 14 | | may carry or maintain a supply of. | 15 | | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; | 16 | | 99-480, eff. 9-9-15; revised 10-13-15.)
| 17 | | Section 95. The Illinois Food, Drug and Cosmetic Act is | 18 | | amended by changing Section 3.21 as follows:
| 19 | | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| 20 | | Sec. 3.21. Except as authorized by this Act, the Illinois | 21 | | Controlled Substances
Act, the Pharmacy Practice Act, the | 22 | | Dental Practice Act, the Medical
Practice Act of 1987, the | 23 | | Veterinary Medicine and Surgery Practice Act of
2004, the | 24 | | Podiatric Medical Practice Act of 1987, or Section 22-30 of the |
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| 1 | | School Code, Section 40 of the State Police Act, Section 10.19 | 2 | | of the Illinois Police Training Act, or the Epinephrine | 3 | | Auto-Injector Act, to sell or dispense a
prescription drug | 4 | | without a prescription.
| 5 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 6 | | Section 100. The State Mandates Act is amended by adding | 7 | | Section 8.40 as follows: | 8 | | (30 ILCS 805/8.40 new) | 9 | | Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 | 10 | | of this Act, no reimbursement by the State is required for the | 11 | | implementation of any mandate created by Section 40 of the | 12 | | State Police Act and Section 10.19 of the Illinois Police | 13 | | Training Act. |
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