Illinois General Assembly - Full Text of HB6333
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Full Text of HB6333  99th General Assembly

HB6333enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB6333 EnrolledLRB099 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 with prescriptive
7authority, or (iii) a licensed advanced practice nurse with
8prescriptive authority for a pupil that pertains to the pupil's
9asthma and that 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 with prescriptive authority, or
25(iii) a licensed advanced practice nurse with prescriptive
26authority.

 

 

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

 

 

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

 

 

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1personnel authorized under a student's Individual Health Care
2Action Plan, Illinois Food Allergy Emergency Action Plan and
3Treatment Authorization Form, or plan pursuant to Section 504
4of the federal Rehabilitation Act of 1973 to administer to the
5student, that meets the student's prescription on file; (ii)
6administer an undesignated epinephrine auto-injector that
7meets the prescription on file to any student who has an
8Individual Health Care Action Plan, Illinois Food Allergy
9Emergency Action Plan and Treatment Authorization Form, or plan
10pursuant to Section 504 of the federal Rehabilitation Act of
111973 that authorizes the use of an epinephrine auto-injector;
12(iii) administer an undesignated epinephrine auto-injector to
13any person that the school nurse or trained personnel in good
14faith believes is having an anaphylactic reaction; and (iv)
15administer an opioid antagonist to any person that the school
16nurse or trained personnel in good faith believes is having an
17opioid overdose.
18    (c) The school district, public school, or nonpublic school
19must inform the parents or guardians of the pupil, in writing,
20that the school district, public school, or nonpublic school
21and its employees and agents, including a physician, physician
22assistant, or advanced practice nurse providing standing
23protocol or prescription for school epinephrine
24auto-injectors, are to incur no liability or professional
25discipline, except for willful and wanton conduct, as a result
26of any injury arising from the administration of asthma

 

 

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

 

 

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

 

 

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

 

 

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1or at a school-sponsored activity.
2    (f) The school district, public school, or nonpublic school
3may maintain a supply of undesignated epinephrine
4auto-injectors in any secure location where an allergic person
5is most at risk, including, but not limited to, classrooms and
6lunchrooms. A physician, a physician assistant who has been
7delegated prescriptive authority in accordance with Section
87.5 of the Physician Assistant Practice Act of 1987, or an
9advanced practice nurse who has been delegated prescriptive
10authority in accordance with Section 65-40 of the Nurse
11Practice Act may prescribe undesignated epinephrine
12auto-injectors in the name of the school district, public
13school, or nonpublic school to be maintained for use when
14necessary. Any supply of epinephrine auto-injectors shall be
15maintained in accordance with the manufacturer's instructions.
16    The school district, public school, or nonpublic school may
17maintain a supply of an opioid antagonist in any secure
18location where an individual may have an opioid overdose. A
19health care professional who has been delegated prescriptive
20authority for opioid antagonists in accordance with Section
215-23 of the Alcoholism and Other Drug Abuse and Dependency Act
22may prescribe opioid antagonists in the name of the school
23district, public school, or nonpublic school, to be maintained
24for use when necessary. Any supply of opioid antagonists shall
25be maintained in accordance with the manufacturer's
26instructions.

 

 

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

 

 

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

 

 

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

 

 

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1        (1) how to recognize symptoms of an opioid overdose;
2        (2) information on drug overdose prevention and
3    recognition;
4        (3) how to perform rescue breathing and resuscitation;
5        (4) how to respond to an emergency involving an opioid
6    overdose;
7        (5) opioid antagonist dosage and administration;
8        (6) the importance of calling 911;
9        (7) care for the overdose victim after administration
10    of the overdose antagonist;
11        (8) a test demonstrating competency of the knowledge
12    required to recognize an opioid overdose and administer a
13    dose of an opioid antagonist; and
14        (9) other criteria as determined in rules adopted
15    pursuant to this Section.
16    (i) Within 3 days after the administration of an
17undesignated epinephrine auto-injector by a school nurse,
18trained personnel, or a student at a school or school-sponsored
19activity, the school must report to the State Board in a form
20and manner prescribed by the State Board the following
21information:
22        (1) age and type of person receiving epinephrine
23    (student, staff, visitor);
24        (2) any previously known diagnosis of a severe 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    (i-5) Within 3 days after the administration of an opioid
6antagonist by a school nurse or trained personnel, the school
7must report to the State Board, in a form and manner prescribed
8by the State Board, the following information:
9        (1) the age and type of person receiving the opioid
10    antagonist (student, staff, or visitor);
11        (2) the location where symptoms developed;
12        (3) the type of person administering the opioid
13    antagonist (school nurse or trained personnel); and
14        (4) any other information required by the State Board.
15    (j) By October 1, 2015 and every year thereafter, the State
16Board shall submit a report to the General Assembly identifying
17the frequency and circumstances of epinephrine administration
18during the preceding academic year. This report shall be
19published on the State Board's Internet website on the date the
20report is delivered to the General Assembly.
21    (j-5) Annually, each school district, public school,
22charter school, or nonpublic school shall request an asthma
23action plan from the parents or guardians of a pupil with
24asthma. If provided, the asthma action plan must be kept on
25file in the office of the school nurse or, in the absence of a
26school nurse, the school administrator. Copies of the asthma

 

 

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1action plan may be distributed to appropriate school staff who
2interact with the pupil on a regular basis, and, if applicable,
3may be attached to the pupil's federal Section 504 plan or
4individualized education program plan.
5    (j-10) To assist schools with emergency response
6procedures for asthma, the State Board of Education, in
7consultation with statewide professional organizations with
8expertise in asthma management and a statewide organization
9representing school administrators, shall develop a model
10asthma episode emergency response protocol before September 1,
112016. Each school district, charter school, and nonpublic
12school shall adopt an asthma episode emergency response
13protocol before January 1, 2017 that includes all of the
14components of the State Board's model protocol.
15    (j-15) Every 2 years, school personnel who work with pupils
16shall complete an in-person or online training program on the
17management of asthma, the prevention of asthma symptoms, and
18emergency response in the school setting. In consultation with
19statewide professional organizations with expertise in asthma
20management, the State Board of Education shall make available
21resource materials for educating school personnel about asthma
22and emergency response in the school setting.
23    On or before October 1, 2016 and every year thereafter, the
24State Board shall submit a report to the General Assembly and
25the Department of Public Health identifying the frequency and
26circumstances of opioid antagonist administration during the

 

 

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1preceding academic year. This report shall be published on the
2State Board's Internet website on the date the report is
3delivered to the General Assembly.
4    (k) The State Board may adopt rules necessary to implement
5this Section.
6(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
799-480, eff. 9-9-15; revised 10-13-15.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.