Illinois General Assembly - Full Text of HB4462
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Full Text of HB4462  99th General Assembly

HB4462 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4462

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-30

    Amends the School Code. In provisions concerning the self-administration and self-carry of asthma medication and epinephrine auto-injectors and the administration of undesignated epinephrine auto-injectors or an opioid antagonist, provides that the term "trained personnel" includes a school bus driver employed by an independent contractor and that, with respect to asthma medication and epinephrine auto-injectors, before and after normal school activities includes while being transported on a school bus. Provides that the secure location for a supply of undesignated epinephrine auto-injectors must be accessible before, during, and after school. Provides that if a supply of undesignated epinephrine auto-injectors is maintained, then the school district, public school, or nonpublic school must annually report that information to the State Board of Education; makes related changes.


LRB099 16680 NHT 41018 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 90. 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.
11    (a) For the purpose of this Section only, the following
12terms shall have the meanings set forth below:
13    "Asthma inhaler" means a quick reliever asthma inhaler.
14    "Epinephrine auto-injector" means a single-use device used
15for the automatic injection of a pre-measured dose of
16epinephrine into the human body.
17    "Asthma medication" means a medicine, prescribed by (i) a
18physician licensed to practice medicine in all its branches,
19(ii) a licensed physician assistant prescriptive authority, or
20(iii) a licensed advanced practice nurse prescriptive
21authority for a pupil that pertains to the pupil's asthma and
22that has an individual prescription label.
23    "Opioid antagonist" means a drug that binds to opioid

 

 

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1receptors and blocks or inhibits the effect of opioids acting
2on those receptors, including, but not limited to, naloxone
3hydrochloride or any other similarly acting drug approved by
4the U.S. Food and Drug Administration.
5    "School nurse" means a registered nurse working in a school
6with or without licensure endorsed in school nursing.
7    "Self-administration" means a pupil's discretionary use of
8his or her prescribed asthma medication or epinephrine
9auto-injector.
10    "Self-carry" means a pupil's ability to carry his or her
11prescribed asthma medication or epinephrine auto-injector.
12    "Standing protocol" may be issued by (i) a physician
13licensed to practice medicine in all its branches, (ii) a
14licensed physician assistant prescriptive authority, or (iii)
15a licensed advanced practice nurse prescriptive.
16    "Trained personnel" means any school employee, school bus
17driver employed by an independent contractor, or volunteer
18personnel authorized in Sections 10-22.34, 10-22.34a, and
1910-22.34b of this Code who has completed training under
20subsection (g) of this Section to recognize and respond to
21anaphylaxis.
22    "Undesignated epinephrine auto-injector" means an
23epinephrine auto-injector prescribed in the name of a school
24district, public school, or nonpublic school.
25    (b) A school, whether public or nonpublic, must permit the
26self-administration and self-carry of asthma medication by a

 

 

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

 

 

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1The information provided shall be kept on file in the office of
2the school nurse or, in the absence of a school nurse, the
3school's administrator.
4    (b-5) A school district, public school, or nonpublic school
5may authorize the provision of a student-specific or
6undesignated epinephrine auto-injector to a student or any
7personnel authorized under a student's Individual Health Care
8Action Plan, Illinois Food Allergy Emergency Action Plan and
9Treatment Authorization Form, or plan pursuant to Section 504
10of the federal Rehabilitation Act of 1973 to administer an
11epinephrine auto-injector to the student, that meets the
12student's prescription on file.
13    (b-10) The school district, public school, or nonpublic
14school may authorize a school nurse or trained personnel to do
15the following: (i) provide an undesignated epinephrine
16auto-injector to a student for self-administration only 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 to the
21student, that meets the student's prescription on file; (ii)
22administer an undesignated epinephrine auto-injector that
23meets the prescription on file to any student who has an
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 that authorizes the use of an epinephrine auto-injector;
2(iii) administer an undesignated epinephrine auto-injector to
3any person that the school nurse or trained personnel in good
4faith believes is having an anaphylactic reaction; and (iv)
5administer an opioid antagonist to any person that the school
6nurse or trained personnel in good faith believes is having an
7opioid overdose.
8    (c) The school district, public school, or nonpublic school
9must inform the parents or guardians of the pupil, in writing,
10that the school district, public school, or nonpublic school
11and its employees and agents, including a physician, physician
12assistant, or advanced practice nurse providing standing
13protocol or prescription for school epinephrine
14auto-injectors, are to incur no liability or professional
15discipline, except for willful and wanton conduct, as a result
16of any injury arising from the administration of asthma
17medication, an epinephrine auto-injector, or an opioid
18antagonist regardless of whether authorization was given by the
19pupil's parents or guardians or by the pupil's physician,
20physician assistant, or advanced practice nurse. The parents or
21guardians of the pupil must sign a statement acknowledging that
22the school district, public school, or nonpublic school and its
23employees and agents are to incur no liability, except for
24willful and wanton conduct, as a result of any injury arising
25from the administration of asthma medication, an epinephrine
26auto-injector, or an opioid antagonist regardless of whether

 

 

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

 

 

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

 

 

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

 

 

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1advanced practice nurse who has been delegated prescriptive
2authority in accordance with Section 65-40 of the Nurse
3Practice Act may prescribe undesignated epinephrine
4auto-injectors in the name of the school district, public
5school, or nonpublic school to be maintained for use when
6necessary. Any supply of epinephrine auto-injectors shall be
7maintained in accordance with the manufacturer's instructions.
8    The school district, public school, or nonpublic school may
9maintain a supply of an opioid antagonist in any secure
10location where an individual may have an opioid overdose. A
11health care professional who has been delegated prescriptive
12authority for opioid antagonists in accordance with Section
135-23 of the Alcoholism and Other Drug Abuse and Dependency Act
14may prescribe opioid antagonists in the name of the school
15district, public school, or nonpublic school, to be maintained
16for use when necessary. Any supply of opioid antagonists shall
17be maintained in accordance with the manufacturer's
18instructions.
19    (f-5) Upon any administration of an epinephrine
20auto-injector, a school district, public school, or nonpublic
21school must immediately activate the EMS system and notify the
22student's parent, guardian, or emergency contact, if known.
23    Upon any administration of an opioid antagonist, a school
24district, public school, or nonpublic school must immediately
25activate the EMS system and notify the student's parent,
26guardian, or emergency contact, if known.

 

 

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

 

 

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1be completed annually. Trained personnel must also submit to
2the school's administration proof of cardiopulmonary
3resuscitation and automated external defibrillator
4certification. The school district, public school, or
5nonpublic school must maintain records relating to the training
6curriculum and the trained personnel.
7    (h) A training curriculum to recognize and respond to
8anaphylaxis, including the administration of an undesignated
9epinephrine auto-injector, may be conducted online or in
10person. It must include, but is not limited to:
11        (1) how to recognize symptoms of an allergic reaction;
12        (2) a review of high-risk areas within the school and
13    its related facilities;
14        (3) steps to take to prevent exposure to allergens;
15        (4) how to respond to an emergency involving an
16    allergic reaction;
17        (5) how to administer an epinephrine auto-injector;
18        (6) how to respond to a student with a known allergy as
19    well as a student with a previously unknown allergy;
20        (7) a test demonstrating competency of the knowledge
21    required to recognize anaphylaxis and administer an
22    epinephrine auto-injector; and
23        (8) other criteria as determined in rules adopted
24    pursuant to this Section.
25    In consultation with statewide professional organizations
26representing physicians licensed to practice medicine in all of

 

 

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1its branches, registered nurses, and school nurses, the State
2Board of Education shall make available resource materials
3consistent with criteria in this subsection (h) for educating
4trained personnel to recognize and respond to anaphylaxis. The
5State Board may take into consideration the curriculum on this
6subject developed by other states, as well as any other
7curricular materials suggested by medical experts and other
8groups that work on life-threatening allergy issues. The State
9Board is not required to create new resource materials. The
10State Board shall make these resource materials available on
11its Internet website.
12    (h-5) A training curriculum to recognize and respond to an
13opioid overdose, including the administration of an opioid
14antagonist, may be conducted online or in person. The training
15must comply with any training requirements under Section 5-23
16of the Alcoholism and Other Drug Abuse and Dependency Act and
17the corresponding rules. It must include, but is not limited
18to:
19        (1) how to recognize symptoms of an opioid overdose;
20        (2) information on drug overdose prevention and
21    recognition;
22        (3) how to perform rescue breathing and resuscitation;
23        (4) how to respond to an emergency involving an opioid
24    overdose;
25        (5) opioid antagonist dosage and administration;
26        (6) the importance of calling 911;

 

 

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1        (7) care for the overdose victim after administration
2    of the overdose antagonist;
3        (8) a test demonstrating competency of the knowledge
4    required to recognize an opioid overdose and administer a
5    dose of an opioid antagonist; and
6        (9) other criteria as determined in rules adopted
7    pursuant to this Section.
8    (i) Within 3 days after the administration of an
9undesignated epinephrine auto-injector by a school nurse,
10trained personnel, or a student at a school or school-sponsored
11activity, the school must report to the State Board of
12Education in a form and manner prescribed by the State Board
13the following information:
14        (1) age and type of person receiving epinephrine
15    (student, staff, visitor);
16        (2) any previously known diagnosis of a severe allergy;
17        (3) trigger that precipitated allergic episode;
18        (4) location where symptoms developed;
19        (5) number of doses administered;
20        (6) type of person administering epinephrine (school
21    nurse, trained personnel, student); and
22        (7) any other information required by the State Board.
23    If a school district, public school, or nonpublic school
24maintains a supply of undesignated epinephrine auto-injectors
25as authorized under subsection (f) of this Section, then the
26school district, public school, or nonpublic school must

 

 

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1annually report that information to the State Board of
2Education, in a manner as prescribed by the State Board. The
3report must include the number of undesignated epinephrine
4auto-injectors in supply.
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 of Education shall submit a report to the General
17Assembly identifying the frequency and circumstances of
18epinephrine administration during the preceding academic year.
19Beginning with the 2017 report, the report shall also contain
20information on which school districts, public schools, and
21nonpublic schools maintain a supply of undesignated
22epinephrine auto-injectors as authorized under subsection (f)
23of this Section. This report shall be published on the State
24Board's Internet website on the date the report is delivered to
25the General Assembly.
26    On or before October 1, 2016 and every year thereafter, the

 

 

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1State Board shall submit a report to the General Assembly and
2the Department of Public Health identifying the frequency and
3circumstances of opioid antagonist administration during the
4preceding academic year. This report shall be published on the
5State Board's Internet website on the date the report is
6delivered to the General Assembly.
7    (k) The State Board of Education may adopt rules necessary
8to implement this Section.
9(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
1099-480, eff. 9-9-15; revised 10-13-15.)