Full Text of HB0102 102nd General Assembly
HB0102ham003 102ND GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 4/20/2021
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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 900. The School Code is amended by adding Section | 2 | | 2-3.182 and by changing Section 22-30 as follows: | 3 | | (105 ILCS 5/2-3.182 new) | 4 | | Sec. 2-3.182. Anaphylactic policy for school districts. | 5 | | (a) The State Board of Education, in consultation with the | 6 | | Department of Public Health, shall establish an anaphylactic | 7 | | policy for school districts setting forth guidelines and | 8 | | procedures to be followed both for the prevention of | 9 | | anaphylaxis and during a medical emergency resulting from | 10 | | anaphylaxis. The policy shall be developed after consultation | 11 | | with the advisory committee established pursuant to Section 5 | 12 | | of the Critical Health Problems and Comprehensive Health | 13 | | Education Act. In establishing the policy required under this | 14 | | Section, the State Board shall consider existing requirements | 15 | | and current and best practices for schools regarding allergies | 16 | | and anaphylaxis. The State Board must also consider the | 17 | | voluntary guidelines for managing food allergies in schools | 18 | | issued by the United States Department of Health and Human | 19 | | Services. | 20 | | (b) The anaphylactic policy established under subsection | 21 | | (a) shall include the following: | 22 | | (1) A procedure and treatment plan, including | 23 | | emergency protocols and responsibilities for school nurses | 24 | | and other appropriate school personnel, for responding to | 25 | | anaphylaxis. |
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| 1 | | (2) Requirements for a training course for appropriate | 2 | | school personnel on preventing and responding to | 3 | | anaphylaxis. | 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 this 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 | | who 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 | | (c) At least once each calendar year, each school district | 23 | | shall send a notification to the parents or guardians of all | 24 | | children under the care of a school to make them aware of the | 25 | | anaphylactic policy. The notification shall include contact | 26 | | information for parents and guardians to engage further with |
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| 1 | | the school to learn more about individualized aspects of the | 2 | | policy. | 3 | | (d) At least 6 months after the effective date of this | 4 | | amendatory Act of the 102nd General Assembly, the anaphylactic | 5 | | policy established under subsection (a) shall be forwarded by | 6 | | the State Board to the school board of each school district in | 7 | | this State. Each school district shall implement or update, as | 8 | | appropriate, its anaphylactic policy in accordance with those | 9 | | developed by the State Board within 6 months after receiving | 10 | | the anaphylactic policy from the State Board. | 11 | | (e) The anaphylactic policy established under subsection | 12 | | (a) shall be reviewed and updated, if necessary, at least once | 13 | | every 3 years. | 14 | | (f) The State Board shall post the anaphylactic policy | 15 | | established under subsection (a) and resources regarding | 16 | | allergies and anaphylaxis on its website. | 17 | | (g) The State Board may adopt any rules necessary to | 18 | | implement this Section.
| 19 | | (105 ILCS 5/22-30)
| 20 | | Sec. 22-30. Self-administration and self-carry of asthma | 21 | | medication and epinephrine injectors; administration of | 22 | | undesignated epinephrine injectors; administration of an | 23 | | opioid antagonist; administration of undesignated asthma | 24 | | medication; asthma episode emergency response protocol.
| 25 | | (a) For the purpose of this Section only, the following |
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| 1 | | terms shall have the meanings set forth below:
| 2 | | "Asthma action plan" means a written plan developed with a | 3 | | pupil's medical provider to help control the pupil's asthma. | 4 | | The goal of an asthma action plan is to reduce or prevent | 5 | | flare-ups and emergency department visits through day-to-day | 6 | | management and to serve as a student-specific document to be | 7 | | referenced in the event of an asthma episode. | 8 | | "Asthma episode emergency response protocol" means a | 9 | | procedure to provide assistance to a pupil experiencing | 10 | | symptoms of wheezing, coughing, shortness of breath, chest | 11 | | tightness, or breathing difficulty. | 12 | | "Epinephrine injector" includes an auto-injector approved | 13 | | by the United States Food and Drug Administration for the | 14 | | administration of epinephrine and a pre-filled syringe | 15 | | approved by the United States Food and Drug Administration and | 16 | | used for the administration of epinephrine that contains a | 17 | | pre-measured dose of epinephrine that is equivalent to the | 18 | | dosages used in an auto-injector. | 19 | | "Asthma medication" means quick-relief asthma medication, | 20 | | including albuterol or other short-acting bronchodilators, | 21 | | that is approved by the United States Food and Drug | 22 | | Administration for the treatment of respiratory distress. | 23 | | "Asthma medication" includes medication delivered through a | 24 | | device, including a metered dose inhaler with a reusable or | 25 | | disposable spacer or a nebulizer with a mouthpiece or mask.
| 26 | | "Opioid antagonist" means a drug that binds to opioid |
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| 1 | | receptors and blocks or inhibits the effect of opioids acting | 2 | | on those receptors, including, but not limited to, naloxone | 3 | | hydrochloride or any other similarly acting drug approved by | 4 | | the U.S. Food and Drug Administration. | 5 | | "Respiratory distress" means the perceived or actual | 6 | | presence of wheezing, coughing, shortness of breath, chest | 7 | | tightness, breathing difficulty, or any other symptoms | 8 | | consistent with asthma. Respiratory distress may be | 9 | | categorized as "mild-to-moderate" or "severe". | 10 | | "School nurse" means a registered nurse working in a | 11 | | school with or without licensure endorsed in school nursing. | 12 | | "Self-administration" means a pupil's discretionary use of | 13 | | his or
her prescribed asthma medication or epinephrine | 14 | | injector.
| 15 | | "Self-carry" means a pupil's ability to carry his or her | 16 | | prescribed asthma medication or epinephrine injector. | 17 | | "Standing protocol" may be issued by (i) a physician | 18 | | licensed to practice medicine in all its branches, (ii) a | 19 | | licensed physician assistant with prescriptive authority, or | 20 | | (iii) a licensed advanced practice registered nurse with | 21 | | prescriptive authority. | 22 | | "Trained personnel" means any school employee or volunteer | 23 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 24 | | 10-22.34b of this Code who has completed training under | 25 | | subsection (g) of this Section to recognize and respond to | 26 | | anaphylaxis, an opioid overdose, or respiratory distress. |
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| 1 | | "Undesignated asthma medication" means asthma medication | 2 | | prescribed in the name of a school district, public school, | 3 | | charter school, or nonpublic school. | 4 | | "Undesignated epinephrine injector" means an epinephrine | 5 | | injector prescribed in the name of a school district, public | 6 | | school, charter school, or nonpublic school. | 7 | | (b) A school, whether public, charter, or nonpublic, must | 8 | | permit the
self-administration and self-carry of asthma
| 9 | | medication by a pupil with asthma or the self-administration | 10 | | and self-carry of an epinephrine injector by a pupil, provided | 11 | | that:
| 12 | | (1) the parents or
guardians of the pupil provide to | 13 | | the school (i) written
authorization from the parents or | 14 | | guardians for (A) the self-administration and self-carry | 15 | | of asthma medication or (B) the self-carry of asthma | 16 | | medication or (ii) for (A) the self-administration and | 17 | | self-carry of an epinephrine injector or (B) the | 18 | | self-carry of an epinephrine injector, written | 19 | | authorization from the pupil's physician, physician | 20 | | assistant, or advanced practice registered nurse; and
| 21 | | (2) the
parents or guardians of the pupil provide to | 22 | | the school (i) the prescription label, which must contain | 23 | | the name of the asthma medication, the prescribed dosage, | 24 | | and the time at which or circumstances under which the | 25 | | asthma medication is to be administered, or (ii) for the | 26 | | self-administration or self-carry of an epinephrine |
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| 1 | | injector, a
written
statement from the pupil's physician, | 2 | | physician assistant, or advanced practice registered
nurse | 3 | | containing
the following information:
| 4 | | (A) the name and purpose of the epinephrine | 5 | | injector;
| 6 | | (B) the prescribed dosage; and
| 7 | | (C) the time or times at which or the special | 8 | | circumstances
under which the epinephrine injector is | 9 | | to be administered.
| 10 | | The information provided shall be kept on file in the office of | 11 | | the school
nurse or,
in the absence of a school nurse, the | 12 | | school's administrator.
| 13 | | (b-5) A school district, public school, charter school, or | 14 | | nonpublic school may authorize the provision of a | 15 | | student-specific or undesignated epinephrine injector to a | 16 | | student or any personnel authorized under a student's | 17 | | Individual Health Care Action Plan, Illinois Food Allergy | 18 | | Emergency Action Plan and Treatment Authorization Form, or | 19 | | plan pursuant to Section 504 of the federal Rehabilitation Act | 20 | | of 1973 to administer an epinephrine injector to the student, | 21 | | that meets the student's prescription on file. | 22 | | (b-10) The school district, public school, charter school, | 23 | | or nonpublic school may authorize a school nurse or trained | 24 | | personnel to do the following: (i) provide an undesignated | 25 | | epinephrine injector to a student for self-administration only | 26 | | or any personnel authorized under a student's Individual |
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| 1 | | Health Care Action Plan, Illinois Food Allergy Emergency | 2 | | Action Plan and Treatment Authorization Form, plan pursuant to | 3 | | Section 504 of the federal Rehabilitation Act of 1973, or | 4 | | individualized education program plan to administer to the | 5 | | student that meets the student's prescription on file; (ii) | 6 | | administer an undesignated epinephrine injector that meets the | 7 | | prescription on file to any student who has an Individual | 8 | | Health Care Action Plan, Illinois Food Allergy Emergency | 9 | | Action Plan and Treatment Authorization Form, plan pursuant to | 10 | | Section 504 of the federal Rehabilitation Act of 1973, or | 11 | | individualized education program plan that authorizes the use | 12 | | of an epinephrine injector; (iii) administer an undesignated | 13 | | epinephrine injector to any person that the school nurse or | 14 | | trained personnel in good faith believes is having an | 15 | | anaphylactic reaction; (iv) administer an opioid antagonist to | 16 | | any person that the school nurse or trained personnel in good | 17 | | faith believes is having an opioid overdose; (v) provide | 18 | | undesignated asthma medication to a student for | 19 | | self-administration only or to any personnel authorized under | 20 | | a student's Individual Health Care Action Plan or asthma | 21 | | action plan, plan pursuant to Section 504 of the federal | 22 | | Rehabilitation Act of 1973, or individualized education | 23 | | program plan to administer to the student that meets the | 24 | | student's prescription on file; (vi) administer undesignated | 25 | | asthma medication that meets the prescription on file to any | 26 | | student who has an Individual Health Care Action Plan or |
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| 1 | | asthma action plan, plan pursuant to Section 504 of the | 2 | | federal Rehabilitation Act of 1973, or individualized | 3 | | education program plan that authorizes the use of asthma | 4 | | medication; and (vii) administer undesignated asthma | 5 | | medication to any person that the school nurse or trained | 6 | | personnel believes in good faith is having respiratory | 7 | | distress. | 8 | | (c) The school district, public school, charter school, or | 9 | | nonpublic school must inform the parents or
guardians of the
| 10 | | pupil, in writing, that the school district, public school, | 11 | | charter school, or nonpublic school and its
employees and
| 12 | | agents, including a physician, physician assistant, or | 13 | | advanced practice registered nurse providing standing protocol | 14 | | and a prescription for school epinephrine injectors, an opioid | 15 | | antagonist, or undesignated asthma medication,
are to incur no | 16 | | liability or professional discipline, except for willful and | 17 | | wanton conduct, as a result
of any injury arising from the
| 18 | | administration of asthma medication, an epinephrine injector, | 19 | | or an opioid antagonist regardless of whether authorization | 20 | | was given by the pupil's parents or guardians or by the pupil's | 21 | | physician, physician assistant, or advanced practice | 22 | | registered nurse. The parents or guardians
of the pupil must | 23 | | sign a statement acknowledging that the school district, | 24 | | public school, charter school,
or nonpublic school and its | 25 | | employees and agents are to incur no liability, except for | 26 | | willful and wanton
conduct, as a result of any injury arising
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| 1 | | from the
administration of asthma medication, an epinephrine | 2 | | injector, or an opioid antagonist regardless of whether | 3 | | authorization was given by the pupil's parents or guardians or | 4 | | by the pupil's physician, physician assistant, or advanced | 5 | | practice registered nurse and that the parents or
guardians | 6 | | must indemnify and hold harmless the school district, public | 7 | | school, charter school, or nonpublic
school and
its
employees | 8 | | and agents against any claims, except a claim based on willful | 9 | | and
wanton conduct, arising out of the
administration of | 10 | | asthma medication, an epinephrine injector, or an opioid | 11 | | antagonist regardless of whether authorization was given by | 12 | | the pupil's parents or guardians or by the pupil's physician, | 13 | | physician assistant, or advanced practice registered nurse. | 14 | | (c-5) When a school nurse or trained personnel administers | 15 | | an undesignated epinephrine injector to a person whom the | 16 | | school nurse or trained personnel in good faith believes is | 17 | | having an anaphylactic reaction, administers an opioid | 18 | | antagonist to a person whom the school nurse or trained | 19 | | personnel in good faith believes is having an opioid overdose, | 20 | | or administers undesignated asthma medication to a person whom | 21 | | the school nurse or trained personnel in good faith believes | 22 | | is having respiratory distress, notwithstanding the lack of | 23 | | notice to the parents or guardians of the pupil or the absence | 24 | | of the parents or guardians signed statement acknowledging no | 25 | | liability, except for willful and wanton conduct, the school | 26 | | district, public school, charter school, or nonpublic school |
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| 1 | | and its employees and agents, and a physician, a physician | 2 | | assistant, or an advanced practice registered nurse providing | 3 | | standing protocol and a prescription for undesignated | 4 | | epinephrine injectors, an opioid antagonist, or undesignated | 5 | | asthma medication, are to incur no liability or professional | 6 | | discipline, except for willful and wanton conduct, as a result | 7 | | of any injury arising from the use of an undesignated | 8 | | epinephrine injector, the use of an opioid antagonist, or the | 9 | | use of undesignated asthma medication, regardless of whether | 10 | | authorization was given by the pupil's parents or guardians or | 11 | | by the pupil's physician, physician assistant, or advanced | 12 | | practice registered nurse.
| 13 | | (d) The permission for self-administration and self-carry | 14 | | of asthma medication or the self-administration and self-carry | 15 | | of an epinephrine injector is effective
for the school year | 16 | | for which it is granted and shall be renewed each
subsequent | 17 | | school year upon fulfillment of the requirements of this
| 18 | | Section.
| 19 | | (e) Provided that the requirements of this Section are | 20 | | fulfilled, a
pupil with asthma may self-administer and | 21 | | self-carry his or her asthma medication or a pupil may | 22 | | self-administer and self-carry an epinephrine injector (i) | 23 | | while in
school, (ii) while at a school-sponsored activity, | 24 | | (iii) while under the
supervision of
school personnel, or (iv) | 25 | | before or after normal school activities, such
as while in | 26 | | before-school or after-school care on school-operated
property |
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| 1 | | or while being transported on a school bus.
| 2 | | (e-5) Provided that the requirements of this Section are | 3 | | fulfilled, a school nurse or trained personnel may administer | 4 | | an undesignated epinephrine injector to any person whom the | 5 | | school nurse or trained personnel in good faith believes to be | 6 | | having an anaphylactic reaction (i) while in school, (ii) | 7 | | while at a school-sponsored activity, (iii) while under the | 8 | | supervision of school personnel, or (iv) before or after | 9 | | normal school activities, such
as while in before-school or | 10 | | after-school care on school-operated property or while being | 11 | | transported on a school bus. A school nurse or trained | 12 | | personnel may carry undesignated epinephrine injectors on his | 13 | | or her person while in school or at a school-sponsored | 14 | | activity. | 15 | | (e-10) Provided that the requirements of this Section are | 16 | | fulfilled, a school nurse or trained personnel may administer | 17 | | an opioid antagonist to any person whom the school nurse or | 18 | | trained personnel in good faith believes to be having an | 19 | | opioid overdose (i) while in school, (ii) while at a | 20 | | school-sponsored activity, (iii) while under the supervision | 21 | | of school personnel, or (iv) before or after normal school | 22 | | activities, such as while in before-school or after-school | 23 | | care on school-operated property. A school nurse or trained | 24 | | personnel may carry an opioid antagonist on his or her person | 25 | | while in school or at a school-sponsored activity. | 26 | | (e-15) If the requirements of this Section are met, a |
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| 1 | | school nurse or trained personnel may administer undesignated | 2 | | asthma medication to any person whom the school nurse or | 3 | | trained personnel in good faith believes to be experiencing | 4 | | respiratory distress (i) while in school, (ii) while at a | 5 | | school-sponsored activity, (iii) while under the supervision | 6 | | of school personnel, or (iv) before or after normal school | 7 | | activities, including before-school or after-school care on | 8 | | school-operated property. A school nurse or trained personnel | 9 | | may carry undesignated asthma medication on his or her person | 10 | | while in school or at a school-sponsored activity. | 11 | | (f) The school district, public school, charter school, or | 12 | | nonpublic school may maintain a supply of undesignated | 13 | | epinephrine injectors in any secure location that is | 14 | | accessible before, during, and after school where an allergic | 15 | | person is most at risk, including, but not limited to, | 16 | | classrooms and lunchrooms. A physician, a physician assistant | 17 | | who has prescriptive authority in accordance with Section 7.5 | 18 | | of the Physician Assistant Practice Act of 1987, or an | 19 | | advanced practice registered nurse who has prescriptive | 20 | | authority in accordance with Section 65-40 of the Nurse | 21 | | Practice Act may prescribe undesignated epinephrine injectors | 22 | | in the name of the school district, public school, charter | 23 | | school, or nonpublic school to be maintained for use when | 24 | | necessary. Any supply of epinephrine injectors shall be | 25 | | maintained in accordance with the manufacturer's instructions. | 26 | | The school district, public school, charter school, or |
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| 1 | | nonpublic school may maintain a supply of an opioid antagonist | 2 | | in any secure location where an individual may have an opioid | 3 | | overdose. A health care professional who has been delegated | 4 | | prescriptive authority for opioid antagonists in accordance | 5 | | with Section 5-23 of the Substance Use Disorder Act may | 6 | | prescribe opioid antagonists in the name of the school | 7 | | district, public school, charter school, or nonpublic school, | 8 | | to be maintained for use when necessary. Any supply of opioid | 9 | | antagonists shall be maintained in accordance with the | 10 | | manufacturer's instructions. | 11 | | The school district, public school, charter school, or | 12 | | nonpublic school may maintain a supply of asthma medication in | 13 | | any secure location that is accessible before, during, or | 14 | | after school where a person is most at risk, including, but not | 15 | | limited to, a classroom or the nurse's office. A physician, a | 16 | | physician assistant who has prescriptive authority under | 17 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 18 | | or an advanced practice registered nurse who has prescriptive | 19 | | authority under Section 65-40 of the Nurse Practice Act may | 20 | | prescribe undesignated asthma medication in the name of the | 21 | | school district, public school, charter school, or nonpublic | 22 | | school to be maintained for use when necessary. Any supply of | 23 | | undesignated asthma medication must be maintained in | 24 | | accordance with the manufacturer's instructions. | 25 | | (f-3) Whichever entity initiates the process of obtaining | 26 | | undesignated epinephrine injectors and providing training to |
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| 1 | | personnel for carrying and administering undesignated | 2 | | epinephrine injectors shall pay for the costs of the | 3 | | undesignated epinephrine injectors. | 4 | | (f-5) Upon any administration of an epinephrine injector, | 5 | | a school district, public school, charter school, or nonpublic | 6 | | school must immediately activate the EMS system and notify the | 7 | | student's parent, guardian, or emergency contact, if known. | 8 | | Upon any administration of an opioid antagonist, a school | 9 | | district, public school, charter school, or nonpublic school | 10 | | must immediately activate the EMS system and notify the | 11 | | student's parent, guardian, or emergency contact, if known. | 12 | | (f-10) Within 24 hours of the administration of an | 13 | | undesignated epinephrine injector, a school district, public | 14 | | school, charter school, or nonpublic school must notify the | 15 | | physician, physician assistant, or advanced practice | 16 | | registered nurse who provided the standing protocol and a | 17 | | prescription for the undesignated epinephrine injector of its | 18 | | use. | 19 | | Within 24 hours after the administration of an opioid | 20 | | antagonist, a school district, public school, charter school, | 21 | | or nonpublic school must notify the health care professional | 22 | | who provided the prescription for the opioid antagonist of its | 23 | | use. | 24 | | Within 24 hours after the administration of undesignated | 25 | | asthma medication, a school district, public school, charter | 26 | | school, or nonpublic school must notify the student's parent |
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| 1 | | or guardian or emergency contact, if known, and the physician, | 2 | | physician assistant, or advanced practice registered nurse who | 3 | | provided the standing protocol and a prescription for the | 4 | | undesignated asthma medication of its use. The district or | 5 | | school must follow up with the school nurse, if available, and | 6 | | may, with the consent of the child's parent or guardian, | 7 | | notify the child's health care provider of record, as | 8 | | determined under this Section, of its use. | 9 | | (g) Prior to the administration of an undesignated | 10 | | epinephrine injector, trained personnel must submit to the | 11 | | school's administration proof of completion of a training | 12 | | curriculum to recognize and respond to anaphylaxis that meets | 13 | | the requirements of subsection (h) of this Section. Training | 14 | | must be completed annually. The school district, public | 15 | | school, charter school, or nonpublic school must maintain | 16 | | records related to the training curriculum and trained | 17 | | personnel. | 18 | | Prior to the administration of an opioid antagonist, | 19 | | trained personnel must submit to the school's administration | 20 | | proof of completion of a training curriculum to recognize and | 21 | | respond to an opioid overdose, which curriculum must meet the | 22 | | requirements of subsection (h-5) of this Section. Training | 23 | | must be completed annually. Trained personnel must also submit | 24 | | to the school's administration proof of cardiopulmonary | 25 | | resuscitation and automated external defibrillator | 26 | | certification. The school district, public school, charter |
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| 1 | | school, or nonpublic school must maintain records relating to | 2 | | the training curriculum and the trained personnel. | 3 | | Prior to the administration of undesignated asthma | 4 | | medication, trained personnel must submit to the school's | 5 | | administration proof of completion of a training curriculum to | 6 | | recognize and respond to respiratory distress, which must meet | 7 | | the requirements of subsection (h-10) of this Section. | 8 | | Training must be completed annually, and the school district, | 9 | | public school, charter school, or nonpublic school must | 10 | | maintain records relating to the training curriculum and the | 11 | | trained personnel. | 12 | | (h) A training curriculum to recognize and respond to | 13 | | anaphylaxis, including the administration of an undesignated | 14 | | epinephrine injector, may be conducted online or in person. | 15 | | Training shall include, but is not limited to: | 16 | | (1) how to recognize signs and symptoms of an allergic | 17 | | reaction, including anaphylaxis; | 18 | | (2) how to administer an epinephrine injector; and | 19 | | (3) a test demonstrating competency of the knowledge | 20 | | required to recognize anaphylaxis and administer an | 21 | | epinephrine injector. | 22 | | Training may also include, but is not limited to: | 23 | | (A) a review of high-risk areas within a school and | 24 | | its related facilities; | 25 | | (B) steps to take to prevent exposure to allergens; | 26 | | (C) emergency follow-up procedures, including the |
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| 1 | | importance of calling 9-1-1 or, if 9-1-1 is not available, | 2 | | other local emergency medical services; | 3 | | (D) how to respond to a student with a known allergy, | 4 | | as well as a student with a previously unknown allergy; | 5 | | and | 6 | | (E) other criteria as determined in rules adopted | 7 | | pursuant to this Section ; and . | 8 | | (F) any policy developed by the State Board of | 9 | | Education under Section 2-3.182. | 10 | | In consultation with statewide professional organizations | 11 | | representing physicians licensed to practice medicine in all | 12 | | of its branches, registered nurses, and school nurses, the | 13 | | State Board of Education shall make available resource | 14 | | materials consistent with criteria in this subsection (h) for | 15 | | educating trained personnel to recognize and respond to | 16 | | anaphylaxis. The State Board may take into consideration the | 17 | | curriculum on this subject developed by other states, as well | 18 | | as any other curricular materials suggested by medical experts | 19 | | and other groups that work on life-threatening allergy issues. | 20 | | The State Board is not required to create new resource | 21 | | materials. The State Board shall make these resource materials | 22 | | available on its Internet website. | 23 | | (h-5) A training curriculum to recognize and respond to an | 24 | | opioid overdose, including the administration of an opioid | 25 | | antagonist, may be conducted online or in person. The training | 26 | | must comply with any training requirements under Section 5-23 |
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| 1 | | of the Substance Use Disorder Act and the corresponding rules. | 2 | | It must include, but is not limited to: | 3 | | (1) how to recognize symptoms of an opioid overdose; | 4 | | (2) information on drug overdose prevention and | 5 | | recognition; | 6 | | (3) how to perform rescue breathing and resuscitation; | 7 | | (4) how to respond to an emergency involving an opioid | 8 | | overdose; | 9 | | (5) opioid antagonist dosage and administration; | 10 | | (6) the importance of calling 9-1-1 or, if 9-1-1 is | 11 | | not available, other local emergency medical services; | 12 | | (7) care for the overdose victim after administration | 13 | | of the overdose antagonist; | 14 | | (8) a test demonstrating competency of the knowledge | 15 | | required to recognize an opioid overdose and administer a | 16 | | dose of an opioid antagonist; and | 17 | | (9) other criteria as determined in rules adopted | 18 | | pursuant to this Section. | 19 | | (h-10) A training curriculum to recognize and respond to | 20 | | respiratory distress, including the administration of | 21 | | undesignated asthma medication, may be conducted online or in | 22 | | person. The training must include, but is not limited to: | 23 | | (1) how to recognize symptoms of respiratory distress | 24 | | and how to distinguish respiratory distress from | 25 | | anaphylaxis; | 26 | | (2) how to respond to an emergency involving |
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| 1 | | respiratory distress; | 2 | | (3) asthma medication dosage and administration; | 3 | | (4) the importance of calling 9-1-1 or, if 9-1-1 is | 4 | | not available, other local emergency medical services; | 5 | | (5) a test demonstrating competency of the knowledge | 6 | | required to recognize respiratory distress and administer | 7 | | asthma medication; and | 8 | | (6) other criteria as determined in rules adopted | 9 | | under this Section. | 10 | | (i) Within 3 days after the administration of an | 11 | | undesignated epinephrine injector by a school nurse, trained | 12 | | personnel, or a student at a school or school-sponsored | 13 | | activity, the school must report to the State Board of | 14 | | Education in a form and manner prescribed by the State Board | 15 | | the following information: | 16 | | (1) age and type of person receiving epinephrine | 17 | | (student, staff, visitor); | 18 | | (2) any previously known diagnosis of a severe | 19 | | allergy; | 20 | | (3) trigger that precipitated allergic episode; | 21 | | (4) location where symptoms developed; | 22 | | (5) number of doses administered; | 23 | | (6) type of person administering epinephrine (school | 24 | | nurse, trained personnel, student); and | 25 | | (7) any other information required by the State Board. | 26 | | If a school district, public school, charter school, or |
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| 1 | | nonpublic school maintains or has an independent contractor | 2 | | providing transportation to students who maintains a supply of | 3 | | undesignated epinephrine injectors, then the school district, | 4 | | public school, charter school, or nonpublic school must report | 5 | | that information to the State Board of Education upon adoption | 6 | | or change of the policy of the school district, public school, | 7 | | charter school, nonpublic school, or independent contractor, | 8 | | in a manner as prescribed by the State Board. The report must | 9 | | include the number of undesignated epinephrine injectors in | 10 | | supply. | 11 | | (i-5) Within 3 days after the administration of an opioid | 12 | | antagonist by a school nurse or trained personnel, the school | 13 | | must report to the State Board of Education, in a form and | 14 | | manner prescribed by the State Board, the following | 15 | | information: | 16 | | (1) the age and type of person receiving the opioid | 17 | | antagonist (student, staff, or visitor); | 18 | | (2) the location where symptoms developed; | 19 | | (3) the type of person administering the opioid | 20 | | antagonist (school nurse or trained personnel); and | 21 | | (4) any other information required by the State Board. | 22 | | (i-10) Within 3 days after the administration of | 23 | | undesignated asthma medication by a school nurse, trained | 24 | | personnel, or a student at a school or school-sponsored | 25 | | activity, the school must report to the State Board of | 26 | | Education, on a form and in a manner prescribed by the State |
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| 1 | | Board of Education, the following information: | 2 | | (1) the age and type of person receiving the asthma | 3 | | medication (student, staff, or visitor); | 4 | | (2) any previously known diagnosis of asthma for the | 5 | | person; | 6 | | (3) the trigger that precipitated respiratory | 7 | | distress, if identifiable; | 8 | | (4) the location of where the symptoms developed; | 9 | | (5) the number of doses administered; | 10 | | (6) the type of person administering the asthma | 11 | | medication (school nurse, trained personnel, or student); | 12 | | (7) the outcome of the asthma medication | 13 | | administration; and | 14 | | (8)
any other information required by the State Board. | 15 | | (j) By October 1, 2015 and every year thereafter, the | 16 | | State Board of Education shall submit a report to the General | 17 | | Assembly identifying the frequency and circumstances of | 18 | | undesignated epinephrine and undesignated asthma medication | 19 | | administration during the preceding academic year. Beginning | 20 | | with the 2017 report, the report shall also contain | 21 | | information on which school districts, public schools, charter | 22 | | schools, and nonpublic schools maintain or have independent | 23 | | contractors providing transportation to students who maintain | 24 | | a supply of undesignated epinephrine injectors. This report | 25 | | shall be published on the State Board's Internet website on | 26 | | the date the report is delivered to the General Assembly. |
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| 1 | | (j-5) Annually, each school district, public school, | 2 | | charter school, or nonpublic school shall request an asthma | 3 | | action plan from the parents or guardians of a pupil with | 4 | | asthma. If provided, the asthma action plan must be kept on | 5 | | file in the office of the school nurse or, in the absence of a | 6 | | school nurse, the school administrator. Copies of the asthma | 7 | | action plan may be distributed to appropriate school staff who | 8 | | interact with the pupil on a regular basis, and, if | 9 | | applicable, may be attached to the pupil's federal Section 504 | 10 | | plan or individualized education program plan. | 11 | | (j-10) To assist schools with emergency response | 12 | | procedures for asthma, the State Board of Education, in | 13 | | consultation with statewide professional organizations with | 14 | | expertise in asthma management and a statewide organization | 15 | | representing school administrators, shall develop a model | 16 | | asthma episode emergency response protocol before September 1, | 17 | | 2016. Each school district, charter school, and nonpublic | 18 | | school shall adopt an asthma episode emergency response | 19 | | protocol before January 1, 2017 that includes all of the | 20 | | components of the State Board's model protocol. | 21 | | (j-15) Every 2 years, school personnel who work with | 22 | | pupils shall complete an in-person or online training program | 23 | | on the management of asthma, the prevention of asthma | 24 | | symptoms, and emergency response in the school setting. In | 25 | | consultation with statewide professional organizations with | 26 | | expertise in asthma management, the State Board of Education |
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| 1 | | shall make available resource materials for educating school | 2 | | personnel about asthma and emergency response in the school | 3 | | setting. | 4 | | (j-20) On or before October 1, 2016 and every year | 5 | | thereafter, the State Board of Education shall submit a report | 6 | | to the General Assembly and the Department of Public Health | 7 | | identifying the frequency and circumstances of opioid | 8 | | antagonist administration during the preceding academic year. | 9 | | This report shall be published on the State Board's Internet | 10 | | website on the date the report is delivered to the General | 11 | | Assembly. | 12 | | (k) The State Board of Education may adopt rules necessary | 13 | | to implement this Section. | 14 | | (l) Nothing in this Section shall limit the amount of | 15 | | epinephrine injectors that any type of school or student may | 16 | | carry or maintain a supply of. | 17 | | (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; | 18 | | 100-726, eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff. | 19 | | 1-1-19; 101-81, eff. 7-12-19.)
| 20 | | (105 ILCS 5/2-3.149 rep.) | 21 | | Section 905. The School Code is amended by repealing | 22 | | Section 2-3.149. | 23 | | Section 910. The Child Care Act of 1969 is amended by | 24 | | adding Section 5.11 as follows: |
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| 1 | | (225 ILCS 10/5.11 new) | 2 | | Sec. 5.11. Plan for anaphylactic shock. The Department | 3 | | shall require each licensed day care center, day care home, | 4 | | and group day care home to have a plan for anaphylactic shock | 5 | | to be followed for the prevention of anaphylaxis and during a | 6 | | medical emergency resulting from anaphylaxis. The plan should | 7 | | be based on the guidance and recommendations provided by the | 8 | | American Academy of Pediatrics relating to the management of | 9 | | food allergies or other allergies. The plan should be shared | 10 | | with parents or guardians upon enrollment at each licensed day | 11 | | care center, day care home, and group day care home. If a child | 12 | | requires specific specialized treatment during an episode of | 13 | | anaphylaxis, that child's treatment plan should be kept by the | 14 | | staff of the day care center, day care home, or group day care | 15 | | home and followed in the event of an emergency. Each licensed | 16 | | day care center, day care home, and group day care home shall | 17 | | have at least one staff member present at all times who has | 18 | | taken a training course in recognizing and responding to | 19 | | anaphylaxis.
| 20 | | Section 999. Effective date. This Act takes effect July 1, | 21 | | 2021.".
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