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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
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Childhood 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
10day care centers.
11    (a) The Department, in consultation with the State Board,
12shall establish an anaphylactic policy for school districts
13setting forth guidelines and procedures to be followed both
14for the prevention of anaphylaxis and during a medical
15emergency resulting from anaphylaxis. The policy shall be

 

 

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1developed after consultation with representatives of pediatric
2physicians, school nurses, other health care providers with
3expertise in treating children with anaphylaxis, parents of
4children with life threatening allergies, school
5administrators, teachers, school food service directors, and
6appropriate not-for-profit corporations representing allergic
7individuals at risk for anaphylaxis.
8    (b) The Department, in consultation with the Department of
9Children and Family Services, shall establish an anaphylactic
10policy for day care centers 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 representatives of pediatric physicians and other health
15care providers with expertise in treating children with
16anaphylaxis, parents of children with life threatening
17allergies, day care administrators and personnel, and
18appropriate not-for-profit corporations representing allergic
19individuals at risk for anaphylaxis. The Department, in
20consultation with the Department of Children and Family
21Services, shall create informational materials detailing the
22anaphylactic policy to be distributed to day care centers.
23    (c) In establishing policies under this Section, the
24Department shall consider existing requirements and current
25and best practices for schools and day care centers regarding
26allergies and anaphylaxis. The Department shall also consider

 

 

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1the voluntary guidelines for managing food allergies in
2schools and early care and education programs issued by the
3United States Department of Health and Human Services, to the
4extent appropriate for the setting.
5    (d) The Department shall create informational materials
6detailing the anaphylactic policies under this Section and
7distribute them to the school boards of school districts,
8charter schools, and day care centers. The Department shall
9make the materials available on the Department's website.
 
10    Section 15. Policy requirements. The anaphylactic policies
11established under Section 10 of this Act shall include the
12following:
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
23year, schools and day care centers shall send a notification
24to the parents or guardians of all children under the care of
25the schools or day care centers to make them aware of the

 

 

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1anaphylactic policies, as developed by the Department. For
2children under the care of day care centers, the notification
3shall be provided by the day care center when the child is
4enrolled and annually thereafter. The notification shall
5include contact information for parents and guardians to
6engage further with the school or day care center to learn more
7about individualized aspects of the policies.
 
8    Section 25. Forwarding; implementation. At least 6 months
9after the effective date of this Act, the anaphylactic
10policies established under Section 10 shall be jointly
11forwarded by the Department and the State Board or the
12Department of Children and Family Services, as appropriate, to
13each school board of a school district, charter school, and
14day care center in the State. Each such entity shall implement
15or update, as appropriate, its anaphylactic policy in
16accordance with those developed by the State within 6 months
17after receiving the anaphylactic policies.
 
18    Section 30. Updating anaphylactic policies. The
19anaphylactic policies established under Section 10 shall be
20updated at least once every 3 years or more frequently if the
21Department determines it to be necessary or desirable for the
22protection of children with a food allergy or other allergy
23that could result in anaphylaxis.
 

 

 

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1    Section 900. The School Code is amended by adding Section
22-3.182 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
6Department of Public Health, shall establish an anaphylactic
7policy for school districts setting forth guidelines and
8procedures to be followed both for the prevention of
9anaphylaxis and during a medical emergency resulting from
10anaphylaxis. The policy shall be developed after consultation
11with the advisory committee established pursuant to Section 5
12of the Critical Health Problems and Comprehensive Health
13Education Act. In establishing the policy required under this
14Section, the State Board shall consider existing requirements
15and current and best practices for schools regarding allergies
16and anaphylaxis. The State Board must also consider the
17voluntary guidelines for managing food allergies in schools
18issued by the United States Department of Health and Human
19Services.
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
23shall send a notification to the parents or guardians of all
24children under the care of a school to make them aware of the
25anaphylactic policy. The notification shall include contact
26information for parents and guardians to engage further with

 

 

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1the school to learn more about individualized aspects of the
2policy.
3    (d) At least 6 months after the effective date of this
4amendatory Act of the 102nd General Assembly, the anaphylactic
5policy established under subsection (a) shall be forwarded by
6the State Board to the school board of each school district in
7this State. Each school district shall implement or update, as
8appropriate, its anaphylactic policy in accordance with those
9developed by the State Board within 6 months after receiving
10the 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
13every 3 years.
14    (f) The State Board shall post the anaphylactic policy
15established under subsection (a) and resources regarding
16allergies and anaphylaxis on its website.
17    (g) The State Board may adopt any rules necessary to
18implement this Section.
 
19    (105 ILCS 5/22-30)
20    Sec. 22-30. Self-administration and self-carry of asthma
21medication and epinephrine injectors; administration of
22undesignated epinephrine injectors; administration of an
23opioid antagonist; administration of undesignated asthma
24medication; asthma episode emergency response protocol.
25    (a) For the purpose of this Section only, the following

 

 

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1terms shall have the meanings set forth below:
2    "Asthma action plan" means a written plan developed with a
3pupil's medical provider to help control the pupil's asthma.
4The goal of an asthma action plan is to reduce or prevent
5flare-ups and emergency department visits through day-to-day
6management and to serve as a student-specific document to be
7referenced in the event of an asthma episode.
8    "Asthma episode emergency response protocol" means a
9procedure to provide assistance to a pupil experiencing
10symptoms of wheezing, coughing, shortness of breath, chest
11tightness, or breathing difficulty.
12    "Epinephrine injector" includes an auto-injector approved
13by the United States Food and Drug Administration for the
14administration of epinephrine and a pre-filled syringe
15approved by the United States Food and Drug Administration and
16used for the administration of epinephrine that contains a
17pre-measured dose of epinephrine that is equivalent to the
18dosages used in an auto-injector.
19    "Asthma medication" means quick-relief asthma medication,
20including albuterol or other short-acting bronchodilators,
21that is approved by the United States Food and Drug
22Administration for the treatment of respiratory distress.
23"Asthma medication" includes medication delivered through a
24device, including a metered dose inhaler with a reusable or
25disposable spacer or a nebulizer with a mouthpiece or mask.
26    "Opioid antagonist" means a drug that binds to opioid

 

 

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1receptors and blocks or inhibits the effect of opioids acting
2on those receptors, including, but not limited to, naloxone
3hydrochloride or any other similarly acting drug approved by
4the U.S. Food and Drug Administration.
5    "Respiratory distress" means the perceived or actual
6presence of wheezing, coughing, shortness of breath, chest
7tightness, breathing difficulty, or any other symptoms
8consistent with asthma. Respiratory distress may be
9categorized as "mild-to-moderate" or "severe".
10    "School nurse" means a registered nurse working in a
11school with or without licensure endorsed in school nursing.
12    "Self-administration" means a pupil's discretionary use of
13his or her prescribed asthma medication or epinephrine
14injector.
15    "Self-carry" means a pupil's ability to carry his or her
16prescribed asthma medication or epinephrine injector.
17    "Standing protocol" may be issued by (i) a physician
18licensed to practice medicine in all its branches, (ii) a
19licensed physician assistant with prescriptive authority, or
20(iii) a licensed advanced practice registered nurse with
21prescriptive authority.
22    "Trained personnel" means any school employee or volunteer
23personnel authorized in Sections 10-22.34, 10-22.34a, and
2410-22.34b of this Code who has completed training under
25subsection (g) of this Section to recognize and respond to
26anaphylaxis, an opioid overdose, or respiratory distress.

 

 

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1    "Undesignated asthma medication" means asthma medication
2prescribed in the name of a school district, public school,
3charter school, or nonpublic school.
4    "Undesignated epinephrine injector" means an epinephrine
5injector prescribed in the name of a school district, public
6school, charter school, or nonpublic school.
7    (b) A school, whether public, charter, or nonpublic, must
8permit the self-administration and self-carry of asthma
9medication by a pupil with asthma or the self-administration
10and self-carry of an epinephrine injector by a pupil, provided
11that:
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.
10The information provided shall be kept on file in the office of
11the school nurse or, in the absence of a school nurse, the
12school's administrator.
13    (b-5) A school district, public school, charter school, or
14nonpublic school may authorize the provision of a
15student-specific or undesignated epinephrine injector to a
16student or any personnel authorized under a student's
17Individual Health Care Action Plan, Illinois Food Allergy
18Emergency Action Plan and Treatment Authorization Form, or
19plan pursuant to Section 504 of the federal Rehabilitation Act
20of 1973 to administer an epinephrine injector to the student,
21that meets the student's prescription on file.
22    (b-10) The school district, public school, charter school,
23or nonpublic school may authorize a school nurse or trained
24personnel to do the following: (i) provide an undesignated
25epinephrine injector to a student for self-administration only
26or any personnel authorized under a student's Individual

 

 

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1Health Care Action Plan, Illinois Food Allergy Emergency
2Action Plan and Treatment Authorization Form, plan pursuant to
3Section 504 of the federal Rehabilitation Act of 1973, or
4individualized education program plan to administer to the
5student that meets the student's prescription on file; (ii)
6administer an undesignated epinephrine injector that meets the
7prescription on file to any student who has an Individual
8Health Care Action Plan, Illinois Food Allergy Emergency
9Action Plan and Treatment Authorization Form, plan pursuant to
10Section 504 of the federal Rehabilitation Act of 1973, or
11individualized education program plan that authorizes the use
12of an epinephrine injector; (iii) administer an undesignated
13epinephrine injector to any person that the school nurse or
14trained personnel in good faith believes is having an
15anaphylactic reaction; (iv) administer an opioid antagonist to
16any person that the school nurse or trained personnel in good
17faith believes is having an opioid overdose; (v) provide
18undesignated asthma medication to a student for
19self-administration only or to any personnel authorized under
20a student's Individual Health Care Action Plan or asthma
21action plan, plan pursuant to Section 504 of the federal
22Rehabilitation Act of 1973, or individualized education
23program plan to administer to the student that meets the
24student's prescription on file; (vi) administer undesignated
25asthma medication that meets the prescription on file to any
26student who has an Individual Health Care Action Plan or

 

 

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1asthma action plan, plan pursuant to Section 504 of the
2federal Rehabilitation Act of 1973, or individualized
3education program plan that authorizes the use of asthma
4medication; and (vii) administer undesignated asthma
5medication to any person that the school nurse or trained
6personnel believes in good faith is having respiratory
7distress.
8    (c) The school district, public school, charter school, or
9nonpublic school must inform the parents or guardians of the
10pupil, in writing, that the school district, public school,
11charter school, or nonpublic school and its employees and
12agents, including a physician, physician assistant, or
13advanced practice registered nurse providing standing protocol
14and a prescription for school epinephrine injectors, an opioid
15antagonist, or undesignated asthma medication, are to incur no
16liability or professional discipline, except for willful and
17wanton conduct, as a result of any injury arising from the
18administration of asthma medication, an epinephrine injector,
19or an opioid antagonist regardless of whether authorization
20was given by the pupil's parents or guardians or by the pupil's
21physician, physician assistant, or advanced practice
22registered nurse. The parents or guardians of the pupil must
23sign a statement acknowledging that the school district,
24public school, charter school, or nonpublic school and its
25employees and agents are to incur no liability, except for
26willful and wanton conduct, as a result of any injury arising

 

 

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

 

 

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1and its employees and agents, and a physician, a physician
2assistant, or an advanced practice registered nurse providing
3standing protocol and a prescription for undesignated
4epinephrine injectors, an opioid antagonist, or undesignated
5asthma medication, are to incur no liability or professional
6discipline, except for willful and wanton conduct, as a result
7of any injury arising from the use of an undesignated
8epinephrine injector, the use of an opioid antagonist, or the
9use of undesignated asthma medication, regardless of whether
10authorization was given by the pupil's parents or guardians or
11by the pupil's physician, physician assistant, or advanced
12practice registered nurse.
13    (d) The permission for self-administration and self-carry
14of asthma medication or the self-administration and self-carry
15of an epinephrine injector is effective for the school year
16for which it is granted and shall be renewed each subsequent
17school year upon fulfillment of the requirements of this
18Section.
19    (e) Provided that the requirements of this Section are
20fulfilled, a pupil with asthma may self-administer and
21self-carry his or her asthma medication or a pupil may
22self-administer and self-carry an epinephrine injector (i)
23while in school, (ii) while at a school-sponsored activity,
24(iii) while under the supervision of school personnel, or (iv)
25before or after normal school activities, such as while in
26before-school or after-school care on school-operated property

 

 

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1or while being transported on a school bus.
2    (e-5) Provided that the requirements of this Section are
3fulfilled, a school nurse or trained personnel may administer
4an undesignated epinephrine injector to any person whom the
5school nurse or trained personnel in good faith believes to be
6having an anaphylactic reaction (i) while in school, (ii)
7while at a school-sponsored activity, (iii) while under the
8supervision of school personnel, or (iv) before or after
9normal school activities, such as while in before-school or
10after-school care on school-operated property or while being
11transported on a school bus. A school nurse or trained
12personnel may carry undesignated epinephrine injectors on his
13or her person while in school or at a school-sponsored
14activity.
15    (e-10) Provided that the requirements of this Section are
16fulfilled, a school nurse or trained personnel may administer
17an opioid antagonist to any person whom the school nurse or
18trained personnel in good faith believes to be having an
19opioid overdose (i) while in school, (ii) while at a
20school-sponsored activity, (iii) while under the supervision
21of school personnel, or (iv) before or after normal school
22activities, such as while in before-school or after-school
23care on school-operated property. A school nurse or trained
24personnel may carry an opioid antagonist on his or her person
25while in school or at a school-sponsored activity.
26    (e-15) If the requirements of this Section are met, a

 

 

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1school nurse or trained personnel may administer undesignated
2asthma medication to any person whom the school nurse or
3trained personnel in good faith believes to be experiencing
4respiratory distress (i) while in school, (ii) while at a
5school-sponsored activity, (iii) while under the supervision
6of school personnel, or (iv) before or after normal school
7activities, including before-school or after-school care on
8school-operated property. A school nurse or trained personnel
9may carry undesignated asthma medication on his or her person
10while in school or at a school-sponsored activity.
11    (f) The school district, public school, charter school, or
12nonpublic school may maintain a supply of undesignated
13epinephrine injectors in any secure location that is
14accessible before, during, and after school where an allergic
15person is most at risk, including, but not limited to,
16classrooms and lunchrooms. A physician, a physician assistant
17who has prescriptive authority in accordance with Section 7.5
18of the Physician Assistant Practice Act of 1987, or an
19advanced practice registered nurse who has prescriptive
20authority in accordance with Section 65-40 of the Nurse
21Practice Act may prescribe undesignated epinephrine injectors
22in the name of the school district, public school, charter
23school, or nonpublic school to be maintained for use when
24necessary. Any supply of epinephrine injectors shall be
25maintained in accordance with the manufacturer's instructions.
26    The school district, public school, charter school, or

 

 

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

 

 

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1personnel for carrying and administering undesignated
2epinephrine injectors shall pay for the costs of the
3undesignated epinephrine injectors.
4    (f-5) Upon any administration of an epinephrine injector,
5a school district, public school, charter school, or nonpublic
6school must immediately activate the EMS system and notify the
7student's parent, guardian, or emergency contact, if known.
8    Upon any administration of an opioid antagonist, a school
9district, public school, charter school, or nonpublic school
10must immediately activate the EMS system and notify the
11student's parent, guardian, or emergency contact, if known.
12    (f-10) Within 24 hours of the administration of an
13undesignated epinephrine injector, a school district, public
14school, charter school, or nonpublic school must notify the
15physician, physician assistant, or advanced practice
16registered nurse who provided the standing protocol and a
17prescription for the undesignated epinephrine injector of its
18use.
19    Within 24 hours after the administration of an opioid
20antagonist, a school district, public school, charter school,
21or nonpublic school must notify the health care professional
22who provided the prescription for the opioid antagonist of its
23use.
24    Within 24 hours after the administration of undesignated
25asthma medication, a school district, public school, charter
26school, or nonpublic school must notify the student's parent

 

 

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

 

 

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1school, or nonpublic school must maintain records relating to
2the training curriculum and the trained personnel.
3    Prior to the administration of undesignated asthma
4medication, trained personnel must submit to the school's
5administration proof of completion of a training curriculum to
6recognize and respond to respiratory distress, which must meet
7the requirements of subsection (h-10) of this Section.
8Training must be completed annually, and the school district,
9public school, charter school, or nonpublic school must
10maintain records relating to the training curriculum and the
11trained personnel.
12    (h) A training curriculum to recognize and respond to
13anaphylaxis, including the administration of an undesignated
14epinephrine 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
11representing physicians licensed to practice medicine in all
12of its branches, registered nurses, and school nurses, the
13State Board of Education shall make available resource
14materials consistent with criteria in this subsection (h) for
15educating trained personnel to recognize and respond to
16anaphylaxis. The State Board may take into consideration the
17curriculum on this subject developed by other states, as well
18as any other curricular materials suggested by medical experts
19and other groups that work on life-threatening allergy issues.
20The State Board is not required to create new resource
21materials. The State Board shall make these resource materials
22available on its Internet website.
23    (h-5) A training curriculum to recognize and respond to an
24opioid overdose, including the administration of an opioid
25antagonist, may be conducted online or in person. The training
26must comply with any training requirements under Section 5-23

 

 

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1of the Substance Use Disorder Act and the corresponding rules.
2It 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
20respiratory distress, including the administration of
21undesignated asthma medication, may be conducted online or in
22person. 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
11undesignated epinephrine injector by a school nurse, trained
12personnel, or a student at a school or school-sponsored
13activity, the school must report to the State Board of
14Education in a form and manner prescribed by the State Board
15the 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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1nonpublic school maintains or has an independent contractor
2providing transportation to students who maintains a supply of
3undesignated epinephrine injectors, then the school district,
4public school, charter school, or nonpublic school must report
5that information to the State Board of Education upon adoption
6or change of the policy of the school district, public school,
7charter school, nonpublic school, or independent contractor,
8in a manner as prescribed by the State Board. The report must
9include the number of undesignated epinephrine injectors in
10supply.
11    (i-5) Within 3 days after the administration of an opioid
12antagonist by a school nurse or trained personnel, the school
13must report to the State Board of Education, in a form and
14manner prescribed by the State Board, the following
15information:
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
23undesignated asthma medication 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, on a form and in a manner prescribed by the State

 

 

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1Board 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
16State Board of Education shall submit a report to the General
17Assembly identifying the frequency and circumstances of
18undesignated epinephrine and undesignated asthma medication
19administration during the preceding academic year. Beginning
20with the 2017 report, the report shall also contain
21information on which school districts, public schools, charter
22schools, and nonpublic schools maintain or have independent
23contractors providing transportation to students who maintain
24a supply of undesignated epinephrine injectors. This report
25shall be published on the State Board's Internet website on
26the date the report is delivered to the General Assembly.

 

 

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1    (j-5) Annually, each school district, public school,
2charter school, or nonpublic school shall request an asthma
3action plan from the parents or guardians of a pupil with
4asthma. If provided, the asthma action plan must be kept on
5file in the office of the school nurse or, in the absence of a
6school nurse, the school administrator. Copies of the asthma
7action plan may be distributed to appropriate school staff who
8interact with the pupil on a regular basis, and, if
9applicable, may be attached to the pupil's federal Section 504
10plan or individualized education program plan.
11    (j-10) To assist schools with emergency response
12procedures for asthma, the State Board of Education, in
13consultation with statewide professional organizations with
14expertise in asthma management and a statewide organization
15representing school administrators, shall develop a model
16asthma episode emergency response protocol before September 1,
172016. Each school district, charter school, and nonpublic
18school shall adopt an asthma episode emergency response
19protocol before January 1, 2017 that includes all of the
20components of the State Board's model protocol.
21    (j-15) Every 2 years, school personnel who work with
22pupils shall complete an in-person or online training program
23on the management of asthma, the prevention of asthma
24symptoms, and emergency response in the school setting. In
25consultation with statewide professional organizations with
26expertise in asthma management, the State Board of Education

 

 

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1shall make available resource materials for educating school
2personnel about asthma and emergency response in the school
3setting.
4    (j-20) On or before October 1, 2016 and every year
5thereafter, the State Board of Education shall submit a report
6to the General Assembly and the Department of Public Health
7identifying the frequency and circumstances of opioid
8antagonist administration during the preceding academic year.
9This report shall be published on the State Board's Internet
10website on the date the report is delivered to the General
11Assembly.
12    (k) The State Board of Education may adopt rules necessary
13to implement this Section.
14    (l) Nothing in this Section shall limit the amount of
15epinephrine injectors that any type of school or student may
16carry or maintain a supply of.
17(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
18100-726, eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff.
191-1-19; 101-81, eff. 7-12-19.)
 
20    (105 ILCS 5/2-3.149 rep.)
21    Section 905. The School Code is amended by repealing
22Section 2-3.149.
 
23    Section 910. The Child Care Act of 1969 is amended by
24adding 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
3shall require each licensed day care center, day care home,
4and group day care home to have a plan for anaphylactic shock
5to be followed for the prevention of anaphylaxis and during a
6medical emergency resulting from anaphylaxis. The plan should
7be based on the guidance and recommendations provided by the
8American Academy of Pediatrics relating to the management of
9food allergies or other allergies. The plan should be shared
10with parents or guardians upon enrollment at each licensed day
11care center, day care home, and group day care home. If a child
12requires specific specialized treatment during an episode of
13anaphylaxis, that child's treatment plan should be kept by the
14staff of the day care center, day care home, or group day care
15home and followed in the event of an emergency. Each licensed
16day care center, day care home, and group day care home shall
17have at least one staff member present at all times who has
18taken a training course in recognizing and responding to
19anaphylaxis.
 
20    Section 999. Effective date. This Act takes effect July 1,
212021.".