HB3294 97TH GENERAL ASSEMBLY

LRB097 10922 RPM 51480 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3294

Introduced 2/24/2011, by Rep. Chris Nybo

SYNOPSIS AS INTRODUCED:

New Act

Creates the School Access to Emergency Epinephrine Act. Provides that the purpose of the Act is to allow schools to have access to life-saving emergency epinephrine auto-injectors if and when a student has an anaphylaxis reaction and to allow the school to have personnel trained to administer an emergency epinephrine auto-injector. Provides that a school district may provide emergency epinephrine auto-injectors to trained personnel, and trained personnel may utilize those epinephrine auto-injectors to provide emergency medical. Provides that each public and private elementary and secondary school in the State may make emergency epinephrine auto-injectors and trained personnel available at its school and may designate one or more school personnel to receive initial and annual refresher training. Sets forth provisions concerning trained personnel, minimum standards and training, school plan, and limitation of liability. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning schools.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the School Access to Emergency Epinephrine Act.

Section 5. Findings and purpose. The purpose of this Act is to allow schools to have access to life-saving emergency epinephrine auto-injectors if and when a student has an anaphylaxis reaction and to allow the school to have personnel trained to administer an emergency epinephrine auto-injector if the student has an anaphylaxis reaction, regardless of whether that student had previously disclosed to the school a food or other allergy or sensitivity.

Section 10. Definitions. For the purposes of this Act:

"Anaphylaxis" means a potentially life-threatening hypersensitivity to a substance. Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. Causes of anaphylaxis may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise.

"Epinephrine auto-injector" means a disposable drug delivery system with a spring activated concealed needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis.

"Physician" means a person licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches.

Section 15. School districts; public and private elementary and secondary Schools.

(a) A school district may provide emergency epinephrine auto-injectors to trained personnel, and trained personnel may utilize those epinephrine auto-injectors to provide emergency medical aid to persons suffering from an anaphylactic reaction.

(b) Each public and private elementary and secondary school in the State may make emergency epinephrine auto-injectors and trained personnel available at its school.

(c) Each public and private elementary and secondary school in the State may designate one or more school personnel to receive initial and annual refresher training from the school nurse or other qualified person designated by the medical director of the local health department or the local emergency medical services director. The training shall be based on the standards developed pursuant to Section 25 of this Act regarding the storage and emergency use of an epinephrine auto-injector.

Section 20. Trained personnel.

(a) A school nurse or, if the school does not have a school nurse, then a person who has received training pursuant to Section 25 of this Act, may do the following:

(1) Obtain from the medical director of the local health department or the local emergency medical services director a prescription for emergency epinephrine auto-injectors in order to have epinephrine auto-injectors on school property for emergency use.

(2) Immediately administer an epinephrine auto-injector to a person exhibiting any symptoms of anaphylaxis at school or a school activity when a physician is not immediately available.

(b) A person who has received training as set forth in Section 25 of this Act or a school nurse may initiate emergency medical services or other appropriate medical follow-up in accordance with the training materials retained pursuant to item (5) of subsection (b) of Section 25 of this Act.

Section 25. Minimum standards and training.

(a) The State Board of Education shall establish minimum standards of training for the administration of epinephrine auto-injectors that satisfy the requirements in subsection (b) of this Section. For purposes of this Section, the State Board of Education shall consult with the Department of Public Health in the creation of the minimum standards of training.

(b) Training established pursuant to this Section shall include all of the following:

(1) Techniques for recognizing symptoms of anaphylaxis.

(2) Standards and procedures for the storage and emergency use of epinephrine auto-injectors.

(3) Emergency follow-up procedures, including calling the emergency 911 phone number and contacting, if possible, the pupil's parent and physician.

(4) Instruction and certification in cardiopulmonary resuscitation.

(5) Written materials covering the information required under this subsection (b).

(c) Training established pursuant to this Section may be done in conjunction with the in-service training program pursuant to Sections 2-3.148 and 10-22.39 of the School Code.

(d) If a school chooses to designate one or more school personnel to receive training pursuant to Section 15 of this Act, then the school shall retain for reference the written materials prepared under item (5) of subsection (b) of this Section.

Section 30. School plan. If a school district chooses to provide emergency epinephrine auto-injectors pursuant to Section 15 of this Act, then the school district shall create a plan to address all of the following issues:

(1) Designation of the individual or individuals who will provide the training pursuant to subsection (c) of Section 15 of this Act.

(2) Designation of the medical director of the local health department or the local emergency medical services director that the school district will consult for the prescription for epinephrine auto-injectors pursuant to item (1) of subsection (a) of Section 20 of this Act.

(3) Documentation as to which individual, whether it shall be the school nurse or other trained personnel pursuant to subsection (a) of Section 20, in the school district shall obtain the prescription from the physician and the medication from a pharmacist.

(4) Documentation as to where the medication is stored and how the medication shall be made readily available in case of an emergency.

Section 35. Limitation of liability. A claim for relief may not be brought against a school nurse or trained personnel who has received training as set forth in Section 25 of this Act for an act or omission relating to the administration of epinephrine to another individual in an emergency situation if the individual who completed the training acted in good faith under the authority granted by this Act.

Section 99. Effective date. This Act takes effect upon becoming law.