Full Text of HB0102 102nd General Assembly
HB0102ham001 102ND GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 4/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 102
| 2 | | AMENDMENT NO. ______. Amend House Bill 102 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Childhood Anaphylactic Policy Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Department" means the Department of Public Health. | 8 | | "State Board" means the State Board of Education. | 9 | | Section 10. Anaphylactic policy for school districts and | 10 | | day care centers. | 11 | | (a) The Department, in consultation with the State Board, | 12 | | shall establish an anaphylactic policy for school districts | 13 | | setting forth guidelines and procedures to be followed both | 14 | | for the prevention of anaphylaxis and during a medical | 15 | | emergency resulting from anaphylaxis. The policy shall be |
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| 1 | | developed after consultation with representatives of pediatric | 2 | | physicians, school nurses, other health care providers with | 3 | | expertise in treating children with anaphylaxis, parents of | 4 | | children with life threatening allergies, school | 5 | | administrators, teachers, school food service directors, and | 6 | | appropriate not-for-profit corporations representing allergic | 7 | | individuals at risk for anaphylaxis. | 8 | | (b) The Department, in consultation with the Department of | 9 | | Children and Family Services, shall establish an anaphylactic | 10 | | policy for day care centers setting forth guidelines and | 11 | | procedures to be followed both for the prevention of | 12 | | anaphylaxis and during a medical emergency resulting from | 13 | | anaphylaxis. The policy shall be developed after consultation | 14 | | with representatives of pediatric physicians and other health | 15 | | care providers with expertise in treating children with | 16 | | anaphylaxis, parents of children with life threatening | 17 | | allergies, day care administrators and personnel, and | 18 | | appropriate not-for-profit corporations representing allergic | 19 | | individuals at risk for anaphylaxis. The Department, in | 20 | | consultation with the Department of Children and Family | 21 | | Services, shall create informational materials detailing the | 22 | | anaphylactic policy to be distributed to day care centers. | 23 | | (c) In establishing policies under this Section, the | 24 | | Department shall consider existing requirements and current | 25 | | and best practices for schools and day care centers regarding | 26 | | allergies and anaphylaxis. The Department shall also consider |
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| 1 | | the voluntary guidelines for managing food allergies in | 2 | | schools and early care and education programs issued by the | 3 | | United States Department of Health and Human Services, to the | 4 | | extent appropriate for the setting. | 5 | | (d) The Department shall create informational materials | 6 | | detailing the anaphylactic policies under this Section and | 7 | | distribute them to the school boards of school districts, | 8 | | charter schools, and day care centers. The Department shall | 9 | | make the materials available on the Department's website. | 10 | | Section 15. Policy requirements. The anaphylactic policies | 11 | | established under Section 10 of this Act shall include the | 12 | | following: | 13 | | (1) A procedure and treatment plan, including | 14 | | emergency protocols and responsibilities for school nurses | 15 | | and other appropriate school and day care personnel, for | 16 | | responding to anaphylaxis. | 17 | | (2) A training course for appropriate school and day | 18 | | care personnel on preventing and responding to | 19 | | anaphylaxis. The Department shall, in consultation with | 20 | | the Department of Children and Family Services and the | 21 | | State Board, consider existing training programs for | 22 | | responding to anaphylaxis in order to avoid duplicative | 23 | | training requirements. A preexisting program shall fulfill | 24 | | the requirement for a training course pursuant to this | 25 | | paragraph if the standards of the preexisting program are |
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| 1 | | deemed by the Department to be at least as stringent as the | 2 | | standards adopted by the Department in the development of | 3 | | the training course by the State. | 4 | | (3) A procedure and appropriate guidelines for the | 5 | | development of an individualized emergency health care | 6 | | plan for children with a food or other allergy that could | 7 | | result in anaphylaxis. | 8 | | (4) A communication plan for intake and dissemination | 9 | | of information provided by the State regarding children | 10 | | with a food or other allergy that could result in | 11 | | anaphylaxis, including a discussion of methods, | 12 | | treatments, and therapies to reduce the risk of allergic | 13 | | reactions, including anaphylaxis. | 14 | | (5) Strategies for reducing the risk of exposure to | 15 | | anaphylactic causative agents, including food and other | 16 | | allergens. | 17 | | (6) A communication plan for discussion with children | 18 | | that have developed adequate verbal communication and | 19 | | comprehension skills and with the parents or guardians of | 20 | | all children about foods that are safe and unsafe and | 21 | | about strategies to avoid exposure to unsafe food. | 22 | | Section 20. Notification. At least once each calendar | 23 | | year, schools and day care centers shall send a notification | 24 | | to the parents or guardians of all children under the care of | 25 | | the schools or day care centers to make them aware of the |
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| 1 | | anaphylactic policies, as developed by the Department. For | 2 | | children under the care of day care centers, the notification | 3 | | shall be provided by the day care center when the child is | 4 | | enrolled and annually thereafter. The notification shall | 5 | | include contact information for parents and guardians to | 6 | | engage further with the school or day care center to learn more | 7 | | about individualized aspects of the policies. | 8 | | Section 25. Forwarding; implementation. At least 6 months | 9 | | after the effective date of this Act, the anaphylactic | 10 | | policies established under Section 10 shall be jointly | 11 | | forwarded by the Department and the State Board or the | 12 | | Department of Children and Family Services, as appropriate, to | 13 | | each school board of a school district, charter school, and | 14 | | day care center in the State. Each such entity shall implement | 15 | | or update, as appropriate, its anaphylactic policy in | 16 | | accordance with those developed by the State within 6 months | 17 | | after receiving the anaphylactic policies. | 18 | | Section 30. Updating anaphylactic policies. The | 19 | | anaphylactic policies established under Section 10 shall be | 20 | | updated at least once every 3 years or more frequently if the | 21 | | Department determines it to be necessary or desirable for the | 22 | | protection of children with a food allergy or other allergy | 23 | | that could result in anaphylaxis. |
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| 1 | | Section 35. The Child Care Act of 1969 is amended by adding | 2 | | Section 5.11 as follows: | 3 | | (225 ILCS 10/5.11 new) | 4 | | Sec. 5.11. Plan for anaphylactic shock. The Department | 5 | | shall require each licensed day care center, day care home, | 6 | | and group day care home to have a plan for anaphylactic shock | 7 | | to be followed for the prevention of anaphylaxis and during a | 8 | | medical emergency resulting from anaphylaxis. The plan should | 9 | | be based on the guidance and recommendations provided by the | 10 | | American Academy of Pediatrics relating to the management of | 11 | | food allergies or other allergies. The plan should be shared | 12 | | with parents or guardians upon enrollment at each licensed day | 13 | | care center, day care home, and group day care home. If a child | 14 | | requires specific specialized treatment during an episode of | 15 | | anaphylaxis, that child's treatment plan should be kept by the | 16 | | staff of the day care center, day care home, or group day care | 17 | | home and followed in the event of an emergency. Each licensed | 18 | | day care center, day care home, and group day care home shall | 19 | | have at least one staff member present at all times who has | 20 | | taken a training course in recognizing and responding to | 21 | | anaphylaxis.
| 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2021.".
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