HB5892 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5892

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-30

    Amends the School Code. Provides for the administration of undesignated epinephrine auto-injectors by a pupil, school nurse, and trained personnel. Limits liability for the administration of undesignated epinephrine auto-injectors by a school nurse or trained personnel. Requires a school to permit the self-administration and self-carry of asthma medication by a pupil with asthma. Provides that prior to the administration of an undesignated epinephrine auto-injector, trained personnel must submit to his or her school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis. Requires training to be completed annually and sets forth training curriculum guidelines. Provides that within 3 days of the administration of epinephrine by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the Board certain information, which the Board will then use in its report to the General Assembly identifying the frequency and circumstances of epinephrine administration during the preceding academic year. Effective August 1, 2014.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 school nurse
10administration.
11    (a) In this Section:
12    "Asthma inhaler" means a quick reliever asthma inhaler.
13    "Epinephrine auto-injector" means a single-use device used
14for the automatic injection of a pre-measured dose of
15epinephrine into the human body medical device for immediate
16self-administration by a person at risk of anaphylaxis.
17    "Asthma medication Medication" means a medicine,
18prescribed by (i) a physician licensed to practice medicine in
19all its branches, (ii) a physician assistant who has been
20delegated the authority to prescribe asthma medications by his
21or her supervising physician, or (iii) an advanced practice
22registered nurse who has a written collaborative agreement with
23a collaborating physician that delegates the authority to

 

 

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1prescribe asthma medications, for a pupil that pertains to the
2pupil's asthma and that has an individual prescription label.
3    "Self-administration" means a pupil's discretionary use of
4and ability to carry his or her prescribed asthma medication or
5epinephrine auto-injector.
6    "Self-carry" means a pupil's ability to carry his or her
7prescribed asthma medication or epinephrine auto-injector.
8    "Trained personnel" means any school employee or volunteer
9personnel authorized in Sections 10-22.34, 10-22.34a, and
1010-22.34b of this Code who has completed training under
11subsection (g) of this Section to recognize and respond to
12anaphylaxis.
13    "Undesignated epinephrine auto-injector" means an
14epinephrine auto-injector prescribed in the name of a school
15district, public school, or nonpublic school.
16    (b) A school, whether public or nonpublic, must permit the
17self-administration and self-carry of asthma medication by a
18pupil with asthma or the self-administration and self-carry use
19of an epinephrine auto-injector by a pupil, provided that:
20        (1) the parents or guardians of the pupil provide to
21    the school (i) written authorization from the parents or
22    guardians for (A) the self-administration and self-carry
23    of asthma medication or (B) the self-carry of asthma
24    medication or (ii) for (A) the self-administration and
25    self-carry of an epinephrine auto-injector or (B) the
26    self-carry use of an epinephrine auto-injector, written

 

 

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

 

 

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11973 to administer an epinephrine auto-injector to the student,
2that meets the prescription on file.
3    (b-10) The school district, public school, or nonpublic
4school may authorize a school nurse or trained personnel to do
5the following: (i) provide an undesignated epinephrine
6auto-injector that meets a student's prescription on file to
7that a student for self-administration or any personnel
8authorized under a student's Individual Health Care Action
9Plan, Illinois Food Allergy Emergency Action Plan and Treatment
10Authorization Form, or plan pursuant to Section 504 of the
11federal Rehabilitation Act of 1973 to administer an epinephrine
12auto-injector to the student, that meets the prescription on
13file; (ii) administer an undesignated epinephrine
14auto-injector that meets the prescription on file to any
15student who has an Individual Health Care Action Plan, Illinois
16Food Allergy Emergency Action Plan and Treatment Authorization
17Form, or plan pursuant to Section 504 of the federal
18Rehabilitation Act of 1973 that authorizes the use of an
19epinephrine Epinephrine auto-injector; and (iii) administer an
20undesignated epinephrine auto-injector to any person student
21that the school nurse or trained personnel in good faith
22professionally believes is having an anaphylactic reaction.
23    (c) The school district, public school, or nonpublic school
24must inform the parents or guardians of the pupil, in writing,
25that the school district, public school, or nonpublic school
26and its employees and agents, including a physician providing

 

 

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1standing protocol or prescription for school epinephrine
2auto-injectors, are to incur no liability, except for willful
3and wanton conduct, as a result of any injury arising from the
4self-administration of asthma medication or the
5self-administration use of an epinephrine auto-injector
6regardless of whether authorization was given by the pupil's
7parents or guardians or by the pupil's physician, physician
8physician's assistant, or advanced practice registered nurse.
9The parents or guardians of the pupil must sign a statement
10acknowledging that the school district, public school, or
11nonpublic school and its employees and agents are to incur no
12liability, except for willful and wanton conduct, as a result
13of any injury arising from the self-administration of asthma
14medication or the self-administration use of an epinephrine
15auto-injector regardless of whether authorization was given by
16the pupil's parents or guardians or by the pupil's physician,
17physician physician's assistant, or advanced practice
18registered nurse and that the parents or guardians must
19indemnify and hold harmless the school district, public school,
20or nonpublic school and its employees and agents against any
21claims, except a claim based on willful and wanton conduct,
22arising out of the self-administration of asthma medication or
23the self-administration use of an epinephrine auto-injector
24regardless of whether authorization was given by the pupil's
25parents or guardians or by the pupil's physician, physician
26physician's assistant, or advanced practice registered nurse.

 

 

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1    (c-5) When a school nurse or trained personnel administers
2an undesignated epinephrine auto-injector to a person student
3whom the school nurse or trained personnel in good faith
4professionally believes is having an anaphylactic reaction,
5notwithstanding the lack of notice to the parents or guardians
6of the pupil or the absence of the parents or guardians signed
7statement acknowledging no liability, except for willful and
8wanton conduct, the school district, public school, or
9nonpublic school and its employees and agents, and including a
10physician, a physician assistant, or an advanced practice nurse
11providing standing protocol or prescription for undesignated
12school epinephrine auto-injectors, are to incur no liability,
13except for willful and wanton conduct, as a result of any
14injury arising from the use of an undesignated epinephrine
15auto-injector regardless of whether authorization was given by
16the pupil's parents or guardians or by the pupil's physician,
17physician physician's assistant, or advanced practice
18registered nurse.
19    (c-10) A school district, public school, or nonpublic
20school and its employees and agents, and a physician, a
21physician assistant, or an advanced practice nurse providing
22standing protocol or prescription for undesignated epinephrine
23auto-injectors, are to incur no liability, except for willful
24and wanton conduct, as a result of any injury arising from the
25failure to administer an undesignated epinephrine
26auto-injector to a person having an anaphylactic reaction.

 

 

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1    (d) The permission for self-administration and self-carry
2of asthma medication or the self-administration and self-carry
3use of an epinephrine auto-injector is effective for the school
4year for which it is granted and shall be renewed each
5subsequent school year upon fulfillment of the requirements of
6this Section.
7    (e) Provided that the requirements of this Section are
8fulfilled, a pupil with asthma may self-administer and
9self-carry possess and use his or her asthma medication or a
10pupil may self-administer and self-carry possess and use an
11epinephrine auto-injector (i) while in school, (ii) while at a
12school-sponsored activity, (iii) while under the supervision
13of school personnel, or (iv) before or after normal school
14activities, such as while in before-school or after-school care
15on school-operated property.
16    (e-5) Provided that the requirements of this Section are
17fulfilled, a school nurse or trained personnel may administer
18an undesignated epinephrine auto-injector to any person whom
19the school nurse or trained personnel in good faith believes to
20be having an anaphylactic reaction (i) while in school, (ii)
21while at a school-sponsored activity, (iii) while under the
22supervision of school personnel, or (iv) before or after normal
23school activities, such as while in before-school or
24after-school care on school-operated property. A school nurse
25or trained personnel may carry undesignated epinephrine
26auto-injectors on his or her person while in school or at a

 

 

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1school-sponsored activity.
2    (f) The school district, public school, or nonpublic school
3may maintain at a school in a locked, secure location a supply
4of undesignated epinephrine auto-injectors in any secure
5location where an allergic person is most at risk, including,
6but not limited to, classrooms and lunchrooms. A physician, a
7physician assistant who has been delegated prescriptive
8authority in accordance with Section 7.5 of the Physician
9Assistant Act of 1987, or an advanced practice registered nurse
10who has been delegated prescriptive authority in accordance
11with Section 65-40 of the Nurse Practice Act may prescribe
12undesignated epinephrine auto-injectors in the name of the
13school district, public school, or nonpublic school to be
14maintained for use when necessary. The school district or
15nonpublic school supply of epinephrine auto-injectors may be
16provided to and utilized by any student authorized to
17self-administer that meets the prescription on file or by any
18personnel authorized under a student's Individual Health Care
19Action Plan, Illinois Food Allergy Emergency Action Plan and
20Treatment Authorization Form, or plan pursuant to Section 504
21of the federal Rehabilitation Act of 1973 to administer an
22epinephrine auto-injector to the student, that meets the
23prescription on file. When a student does not have an
24epinephrine auto-injector or a prescription for an epinephrine
25auto-injector on file, the school nurse may utilize the school
26district or nonpublic school supply of epinephrine

 

 

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1auto-injectors to respond to anaphylactic reaction, under a
2standing protocol from a physician licensed to practice
3medicine in all its branches and the requirements of this
4Section.
5    (g) Prior to the administration of an undesignated
6epinephrine auto-injector, trained personnel must submit to
7his or her school's administration proof of completion of a
8training curriculum to recognize and respond to anaphylaxis
9that meets the requirements of subsection (h) of this Section.
10Training must be completed annually.
11    (h) A training curriculum to recognize and respond to
12anaphylaxis, including the administration of an undesignated
13epinephrine auto-injector, may be conducted online or in
14person. It must include, but is not limited to:
15        (1) how to recognize symptoms of an allergic reaction;
16        (2) a review of high-risk areas;
17        (3) steps to take to prevent exposure to allergens;
18        (4) how to respond to an emergency involving an
19    allergic reaction;
20        (5) how to administer an epinephrine auto-injector;
21        (6) how to respond to a student with a known allergy as
22    well as a student with a previously unknown allergy; and
23        (7) other criteria as determined in rules adopted
24    pursuant to this Section.
25    The Board shall make available resource materials, with the
26cooperation and input of the Department of Public Health,

 

 

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1consistent with criteria in this subsection (h) for educating
2trained personnel to recognize and respond to anaphylaxis. The
3Board may take into consideration the curriculum on this
4subject developed by other states, as well as any other
5curricular materials suggested by medical experts and other
6groups that work on life-threatening allergy issues. The Board
7is not required to create new resource materials. The Board
8shall make these resource materials available on its Internet
9website.
10    (i) Within 3 days after the administration of epinephrine
11by a school nurse, trained personnel, or a student at a school
12or school-sponsored activity, the school must report to the
13Board in a form and manner prescribed by the Board the
14following 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 Board.
24    (j) By October 1, 2015 and every year thereafter, the Board
25shall submit a report to the General Assembly identifying the
26frequency and circumstances of epinephrine administration

 

 

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1during the preceding academic year. This report shall be
2published on the Board's Internet website on the date the
3report is delivered to the General Assembly.
4    (k) The Board may adopt rules necessary to implement this
5Section.
6(Source: P.A. 96-1460, eff. 8-20-10; 97-361, eff. 8-15-11.)
 
7    Section 99. Effective date. This Act takes effect August 1,
82014.