Illinois General Assembly - Full Text of HB0102
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Full Text of HB0102  102nd General Assembly

HB0102ham002 102ND GENERAL ASSEMBLY

Rep. Jonathan Carroll

Filed: 4/19/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 102

2    AMENDMENT NO. ______. Amend House Bill 102 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by adding Section
52-3.182 and by changing Section 22-30 as follows:
 
6    (105 ILCS 5/2-3.182 new)
7    Sec. 2-3.182. Anaphylactic policy for school districts.
8    (a) The State Board of Education, in consultation with the
9Department of Public Health, shall establish an anaphylactic
10policy for school districts setting forth guidelines and
11procedures to be followed both for the prevention of
12anaphylaxis and during a medical emergency resulting from
13anaphylaxis. The policy shall be developed after consultation
14with the advisory committee established pursuant to Section 5
15of the Critical Health Problems and Comprehensive Health
16Education Act. In establishing the policy required under this

 

 

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1Section, the State Board shall consider existing requirements
2and current and best practices for schools regarding allergies
3and anaphylaxis. The State Board must also consider the
4voluntary guidelines for managing food allergies in schools
5issued by the United States Department of Health and Human
6Services.
7    (b) The anaphylactic policy established under subsection
8(a) shall include the following:
9        (1) A procedure and treatment plan, including
10    emergency protocols and responsibilities for school nurses
11    and other appropriate school personnel, for responding to
12    anaphylaxis.
13        (2) Requirements for a training course for appropriate
14    school personnel on preventing and responding to
15    anaphylaxis.
16        (3) A procedure and appropriate guidelines for the
17    development of an individualized emergency health care
18    plan for children with a food or other allergy that could
19    result in anaphylaxis.
20        (4) A communication plan for intake and dissemination
21    of information provided by this State regarding children
22    with a food or other allergy that could result in
23    anaphylaxis, including a discussion of methods,
24    treatments, and therapies to reduce the risk of allergic
25    reactions, including anaphylaxis.
26        (5) Strategies for reducing the risk of exposure to

 

 

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1    anaphylactic causative agents, including food and other
2    allergens.
3        (6) A communication plan for discussion with children
4    who have developed adequate verbal communication and
5    comprehension skills and with the parents or guardians of
6    all children about foods that are safe and unsafe and
7    about strategies to avoid exposure to unsafe food.
8    (c) At least once each calendar year, each school district
9shall send a notification to the parents or guardians of all
10children under the care of a school to make them aware of the
11anaphylactic policy. The notification shall include contact
12information for parents and guardians to engage further with
13the school to learn more about individualized aspects of the
14policy.
15    (d) At least 6 months after the effective date of this
16amendatory Act of the 102nd General Assembly, the anaphylactic
17policy established under subsection (a) shall be forwarded by
18the State Board to the school board of each school district in
19this State. Each school district shall implement or update, as
20appropriate, its anaphylactic policy in accordance with those
21developed by the State Board within 6 months after receiving
22the anaphylactic policy from the State Board.
23    (e) The anaphylactic policy established under subsection
24(a) shall be reviewed and updated, if necessary, at least once
25every 3 years.
26    (f) The State Board shall post the anaphylactic policy

 

 

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1established under subsection (a) and resources regarding
2allergies and anaphylaxis on its website.
3    (g) The State Board may adopt any rules necessary to
4implement this Section.
 
5    (105 ILCS 5/22-30)
6    Sec. 22-30. Self-administration and self-carry of asthma
7medication and epinephrine injectors; administration of
8undesignated epinephrine injectors; administration of an
9opioid antagonist; administration of undesignated asthma
10medication; 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    "Epinephrine injector" includes an auto-injector approved
24by the United States Food and Drug Administration for the
25administration of epinephrine and a pre-filled syringe

 

 

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1approved by the United States Food and Drug Administration and
2used for the administration of epinephrine that contains a
3pre-measured dose of epinephrine that is equivalent to the
4dosages used in an auto-injector.
5    "Asthma medication" means quick-relief asthma medication,
6including albuterol or other short-acting bronchodilators,
7that is approved by the United States Food and Drug
8Administration for the treatment of respiratory distress.
9"Asthma medication" includes medication delivered through a
10device, including a metered dose inhaler with a reusable or
11disposable spacer or a nebulizer with a mouthpiece or mask.
12    "Opioid antagonist" means a drug that binds to opioid
13receptors and blocks or inhibits the effect of opioids acting
14on those receptors, including, but not limited to, naloxone
15hydrochloride or any other similarly acting drug approved by
16the U.S. Food and Drug Administration.
17    "Respiratory distress" means the perceived or actual
18presence of wheezing, coughing, shortness of breath, chest
19tightness, breathing difficulty, or any other symptoms
20consistent with asthma. Respiratory distress may be
21categorized as "mild-to-moderate" or "severe".
22    "School nurse" means a registered nurse working in a
23school with or without licensure endorsed in school nursing.
24    "Self-administration" means a pupil's discretionary use of
25his or her prescribed asthma medication or epinephrine
26injector.

 

 

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1    "Self-carry" means a pupil's ability to carry his or her
2prescribed asthma medication or epinephrine injector.
3    "Standing protocol" may be issued by (i) a physician
4licensed to practice medicine in all its branches, (ii) a
5licensed physician assistant with prescriptive authority, or
6(iii) a licensed advanced practice registered nurse with
7prescriptive authority.
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, an opioid overdose, or respiratory distress.
13    "Undesignated asthma medication" means asthma medication
14prescribed in the name of a school district, public school,
15charter school, or nonpublic school.
16    "Undesignated epinephrine injector" means an epinephrine
17injector prescribed in the name of a school district, public
18school, charter school, or nonpublic school.
19    (b) A school, whether public, charter, or nonpublic, must
20permit the self-administration and self-carry of asthma
21medication by a pupil with asthma or the self-administration
22and self-carry of an epinephrine injector by a pupil, provided
23that:
24        (1) the parents or guardians of the pupil provide to
25    the school (i) written authorization from the parents or
26    guardians for (A) the self-administration and self-carry

 

 

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

 

 

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1student-specific or undesignated epinephrine injector to a
2student or any personnel authorized under a student's
3Individual Health Care Action Plan, Illinois Food Allergy
4Emergency Action Plan and Treatment Authorization Form, or
5plan pursuant to Section 504 of the federal Rehabilitation Act
6of 1973 to administer an epinephrine injector to the student,
7that meets the student's prescription on file.
8    (b-10) The school district, public school, charter school,
9or nonpublic school may authorize a school nurse or trained
10personnel to do the following: (i) provide an undesignated
11epinephrine injector to a student for self-administration only
12or any personnel authorized under a student's Individual
13Health Care Action Plan, Illinois Food Allergy Emergency
14Action Plan and Treatment Authorization Form, plan pursuant to
15Section 504 of the federal Rehabilitation Act of 1973, or
16individualized education program plan to administer to the
17student that meets the student's prescription on file; (ii)
18administer an undesignated epinephrine injector that meets the
19prescription on file to any student who has an Individual
20Health Care Action Plan, Illinois Food Allergy Emergency
21Action Plan and Treatment Authorization Form, plan pursuant to
22Section 504 of the federal Rehabilitation Act of 1973, or
23individualized education program plan that authorizes the use
24of an epinephrine injector; (iii) administer an undesignated
25epinephrine injector to any person that the school nurse or
26trained personnel in good faith believes is having an

 

 

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1anaphylactic reaction; (iv) administer an opioid antagonist to
2any person that the school nurse or trained personnel in good
3faith believes is having an opioid overdose; (v) provide
4undesignated asthma medication to a student for
5self-administration only or to any personnel authorized under
6a student's Individual Health Care Action Plan or asthma
7action plan, plan pursuant to Section 504 of the federal
8Rehabilitation Act of 1973, or individualized education
9program plan to administer to the student that meets the
10student's prescription on file; (vi) administer undesignated
11asthma medication that meets the prescription on file to any
12student who has an Individual Health Care Action Plan or
13asthma action plan, plan pursuant to Section 504 of the
14federal Rehabilitation Act of 1973, or individualized
15education program plan that authorizes the use of asthma
16medication; and (vii) administer undesignated asthma
17medication to any person that the school nurse or trained
18personnel believes in good faith is having respiratory
19distress.
20    (c) The school district, public school, charter school, or
21nonpublic school must inform the parents or guardians of the
22pupil, in writing, that the school district, public school,
23charter school, or nonpublic school and its employees and
24agents, including a physician, physician assistant, or
25advanced practice registered nurse providing standing protocol
26and a prescription for school epinephrine injectors, an opioid

 

 

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

 

 

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

 

 

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

 

 

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1    (e-10) Provided that the requirements of this Section are
2fulfilled, a school nurse or trained personnel may administer
3an opioid antagonist to any person whom the school nurse or
4trained personnel in good faith believes to be having an
5opioid overdose (i) while in school, (ii) while at a
6school-sponsored activity, (iii) while under the supervision
7of school personnel, or (iv) before or after normal school
8activities, such as while in before-school or after-school
9care on school-operated property. A school nurse or trained
10personnel may carry an opioid antagonist on his or her person
11while in school or at a school-sponsored activity.
12    (e-15) If the requirements of this Section are met, a
13school nurse or trained personnel may administer undesignated
14asthma medication to any person whom the school nurse or
15trained personnel in good faith believes to be experiencing
16respiratory distress (i) while in school, (ii) while at a
17school-sponsored activity, (iii) while under the supervision
18of school personnel, or (iv) before or after normal school
19activities, including before-school or after-school care on
20school-operated property. A school nurse or trained personnel
21may carry undesignated asthma medication on his or her person
22while in school or at a school-sponsored activity.
23    (f) The school district, public school, charter school, or
24nonpublic school may maintain a supply of undesignated
25epinephrine injectors in any secure location that is
26accessible before, during, and after school where an allergic

 

 

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1person is most at risk, including, but not limited to,
2classrooms and lunchrooms. A physician, a physician assistant
3who has prescriptive authority in accordance with Section 7.5
4of the Physician Assistant Practice Act of 1987, or an
5advanced practice registered nurse who has prescriptive
6authority in accordance with Section 65-40 of the Nurse
7Practice Act may prescribe undesignated epinephrine injectors
8in the name of the school district, public school, charter
9school, or nonpublic school to be maintained for use when
10necessary. Any supply of epinephrine injectors shall be
11maintained in accordance with the manufacturer's instructions.
12    The school district, public school, charter school, or
13nonpublic school may maintain a supply of an opioid antagonist
14in any secure location where an individual may have an opioid
15overdose. A health care professional who has been delegated
16prescriptive authority for opioid antagonists in accordance
17with Section 5-23 of the Substance Use Disorder Act may
18prescribe opioid antagonists in the name of the school
19district, public school, charter school, or nonpublic school,
20to be maintained for use when necessary. Any supply of opioid
21antagonists shall be maintained in accordance with the
22manufacturer's instructions.
23    The school district, public school, charter school, or
24nonpublic school may maintain a supply of asthma medication in
25any secure location that is accessible before, during, or
26after school where a person is most at risk, including, but not

 

 

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1limited to, a classroom or the nurse's office. A physician, a
2physician assistant who has prescriptive authority under
3Section 7.5 of the Physician Assistant Practice Act of 1987,
4or an advanced practice registered nurse who has prescriptive
5authority under Section 65-40 of the Nurse Practice Act may
6prescribe undesignated asthma medication in the name of the
7school district, public school, charter school, or nonpublic
8school to be maintained for use when necessary. Any supply of
9undesignated asthma medication must be maintained in
10accordance with the manufacturer's instructions.
11    (f-3) Whichever entity initiates the process of obtaining
12undesignated epinephrine injectors and providing training to
13personnel for carrying and administering undesignated
14epinephrine injectors shall pay for the costs of the
15undesignated epinephrine injectors.
16    (f-5) Upon any administration of an epinephrine injector,
17a school district, public school, charter school, or nonpublic
18school must immediately activate the EMS system and notify the
19student's parent, guardian, or emergency contact, if known.
20    Upon any administration of an opioid antagonist, a school
21district, public school, charter school, or nonpublic school
22must immediately activate the EMS system and notify the
23student's parent, guardian, or emergency contact, if known.
24    (f-10) Within 24 hours of the administration of an
25undesignated epinephrine injector, a school district, public
26school, charter school, or nonpublic school must notify the

 

 

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1physician, physician assistant, or advanced practice
2registered nurse who provided the standing protocol and a
3prescription for the undesignated epinephrine injector of its
4use.
5    Within 24 hours after the administration of an opioid
6antagonist, a school district, public school, charter school,
7or nonpublic school must notify the health care professional
8who provided the prescription for the opioid antagonist of its
9use.
10    Within 24 hours after the administration of undesignated
11asthma medication, a school district, public school, charter
12school, or nonpublic school must notify the student's parent
13or guardian or emergency contact, if known, and the physician,
14physician assistant, or advanced practice registered nurse who
15provided the standing protocol and a prescription for the
16undesignated asthma medication of its use. The district or
17school must follow up with the school nurse, if available, and
18may, with the consent of the child's parent or guardian,
19notify the child's health care provider of record, as
20determined under this Section, of its use.
21    (g) Prior to the administration of an undesignated
22epinephrine injector, trained personnel must submit to the
23school's administration proof of completion of a training
24curriculum to recognize and respond to anaphylaxis that meets
25the requirements of subsection (h) of this Section. Training
26must be completed annually. The school district, public

 

 

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1school, charter school, or nonpublic school must maintain
2records related to the training curriculum and trained
3personnel.
4    Prior to the administration of an opioid antagonist,
5trained personnel must submit to the 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
9must be completed annually. Trained personnel must also submit
10to the school's administration proof of cardiopulmonary
11resuscitation and automated external defibrillator
12certification. The school district, public school, charter
13school, or nonpublic school must maintain records relating to
14the training curriculum and the trained personnel.
15    Prior to the administration of undesignated asthma
16medication, trained personnel must submit to the school's
17administration proof of completion of a training curriculum to
18recognize and respond to respiratory distress, which must meet
19the requirements of subsection (h-10) of this Section.
20Training must be completed annually, and the school district,
21public school, charter school, or nonpublic school must
22maintain records relating to the training curriculum and the
23trained personnel.
24    (h) A training curriculum to recognize and respond to
25anaphylaxis, including the administration of an undesignated
26epinephrine injector, may be conducted online or in person.

 

 

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1    Training shall include, but is not limited to:
2        (1) how to recognize signs and symptoms of an allergic
3    reaction, including anaphylaxis;
4        (2) how to administer an epinephrine injector; and
5        (3) a test demonstrating competency of the knowledge
6    required to recognize anaphylaxis and administer an
7    epinephrine injector.
8    Training may also include, but is not limited to:
9        (A) a review of high-risk areas within a school and
10    its related facilities;
11        (B) steps to take to prevent exposure to allergens;
12        (C) emergency follow-up procedures, including the
13    importance of calling 9-1-1 or, if 9-1-1 is not available,
14    other local emergency medical services;
15        (D) how to respond to a student with a known allergy,
16    as well as a student with a previously unknown allergy;
17    and
18        (E) other criteria as determined in rules adopted
19    pursuant to this Section; and .
20        (F) any policy developed by the State Board of
21    Education under Section 2-3.182.
22    In consultation with statewide professional organizations
23representing physicians licensed to practice medicine in all
24of its branches, registered nurses, and school nurses, the
25State Board of Education shall make available resource
26materials consistent with criteria in this subsection (h) for

 

 

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

 

 

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1    required to recognize an opioid overdose and administer a
2    dose of an opioid antagonist; and
3        (9) other criteria as determined in rules adopted
4    pursuant to this Section.
5    (h-10) A training curriculum to recognize and respond to
6respiratory distress, including the administration of
7undesignated asthma medication, may be conducted online or in
8person. The training must include, but is not limited to:
9        (1) how to recognize symptoms of respiratory distress
10    and how to distinguish respiratory distress from
11    anaphylaxis;
12        (2) how to respond to an emergency involving
13    respiratory distress;
14        (3) asthma medication dosage and administration;
15        (4) the importance of calling 9-1-1 or, if 9-1-1 is
16    not available, other local emergency medical services;
17        (5) a test demonstrating competency of the knowledge
18    required to recognize respiratory distress and administer
19    asthma medication; and
20        (6) other criteria as determined in rules adopted
21    under this Section.
22    (i) Within 3 days after the administration of an
23undesignated epinephrine injector by a school nurse, trained
24personnel, or a student at a school or school-sponsored
25activity, the school must report to the State Board of
26Education in a form and manner prescribed by the State Board

 

 

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1the following information:
2        (1) age and type of person receiving epinephrine
3    (student, staff, visitor);
4        (2) any previously known diagnosis of a severe
5    allergy;
6        (3) trigger that precipitated allergic episode;
7        (4) location where symptoms developed;
8        (5) number of doses administered;
9        (6) type of person administering epinephrine (school
10    nurse, trained personnel, student); and
11        (7) any other information required by the State Board.
12    If a school district, public school, charter school, or
13nonpublic school maintains or has an independent contractor
14providing transportation to students who maintains a supply of
15undesignated epinephrine injectors, then the school district,
16public school, charter school, or nonpublic school must report
17that information to the State Board of Education upon adoption
18or change of the policy of the school district, public school,
19charter school, nonpublic school, or independent contractor,
20in a manner as prescribed by the State Board. The report must
21include the number of undesignated epinephrine injectors in
22supply.
23    (i-5) Within 3 days after the administration of an opioid
24antagonist by a school nurse or trained personnel, the school
25must report to the State Board of Education, in a form and
26manner prescribed by the State Board, the following

 

 

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1information:
2        (1) the age and type of person receiving the opioid
3    antagonist (student, staff, or visitor);
4        (2) the location where symptoms developed;
5        (3) the type of person administering the opioid
6    antagonist (school nurse or trained personnel); and
7        (4) any other information required by the State Board.
8    (i-10) Within 3 days after the administration of
9undesignated asthma medication by a school nurse, trained
10personnel, or a student at a school or school-sponsored
11activity, the school must report to the State Board of
12Education, on a form and in a manner prescribed by the State
13Board of Education, the following information:
14        (1) the age and type of person receiving the asthma
15    medication (student, staff, or visitor);
16        (2) any previously known diagnosis of asthma for the
17    person;
18        (3) the trigger that precipitated respiratory
19    distress, if identifiable;
20        (4) the location of where the symptoms developed;
21        (5) the number of doses administered;
22        (6) the type of person administering the asthma
23    medication (school nurse, trained personnel, or student);
24        (7) the outcome of the asthma medication
25    administration; and
26        (8) any other information required by the State Board.

 

 

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1    (j) By October 1, 2015 and every year thereafter, the
2State Board of Education shall submit a report to the General
3Assembly identifying the frequency and circumstances of
4undesignated epinephrine and undesignated asthma medication
5administration during the preceding academic year. Beginning
6with the 2017 report, the report shall also contain
7information on which school districts, public schools, charter
8schools, and nonpublic schools maintain or have independent
9contractors providing transportation to students who maintain
10a supply of undesignated epinephrine injectors. This report
11shall be published on the State Board's Internet website on
12the date the report is delivered to the General Assembly.
13    (j-5) Annually, each school district, public school,
14charter school, or nonpublic school shall request an asthma
15action plan from the parents or guardians of a pupil with
16asthma. If provided, the asthma action plan must be kept on
17file in the office of the school nurse or, in the absence of a
18school nurse, the school administrator. Copies of the asthma
19action plan may be distributed to appropriate school staff who
20interact with the pupil on a regular basis, and, if
21applicable, may be attached to the pupil's federal Section 504
22plan or individualized education program plan.
23    (j-10) To assist schools with emergency response
24procedures for asthma, the State Board of Education, in
25consultation with statewide professional organizations with
26expertise in asthma management and a statewide organization

 

 

10200HB0102ham002- 24 -LRB102 04076 CMG 25494 a

1representing school administrators, shall develop a model
2asthma episode emergency response protocol before September 1,
32016. Each school district, charter school, and nonpublic
4school shall adopt an asthma episode emergency response
5protocol before January 1, 2017 that includes all of the
6components of the State Board's model protocol.
7    (j-15) Every 2 years, school personnel who work with
8pupils shall complete an in-person or online training program
9on the management of asthma, the prevention of asthma
10symptoms, and emergency response in the school setting. In
11consultation with statewide professional organizations with
12expertise in asthma management, the State Board of Education
13shall make available resource materials for educating school
14personnel about asthma and emergency response in the school
15setting.
16    (j-20) On or before October 1, 2016 and every year
17thereafter, the State Board of Education shall submit a report
18to the General Assembly and the Department of Public Health
19identifying the frequency and circumstances of opioid
20antagonist administration during the preceding academic year.
21This report shall be published on the State Board's Internet
22website on the date the report is delivered to the General
23Assembly.
24    (k) The State Board of Education may adopt rules necessary
25to implement this Section.
26    (l) Nothing in this Section shall limit the amount of

 

 

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1epinephrine injectors that any type of school or student may
2carry or maintain a supply of.
3(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
4100-726, eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff.
51-1-19; 101-81, eff. 7-12-19.)
 
6    (105 ILCS 5/2-3.149 rep.)
7    Section 10. The School Code is amended by repealing
8Section 2-3.149.
 
9    Section 99. Effective date. This Act takes effect July 1,
102021.".