Full Text of SB2889 100th General Assembly
SB2889enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 22-30 as follows:
| 6 | | (105 ILCS 5/22-30)
| 7 | | Sec. 22-30. Self-administration and self-carry of asthma | 8 | | medication and epinephrine injectors auto-injectors ; | 9 | | administration of undesignated epinephrine injectors | 10 | | auto-injectors ; administration of an opioid antagonist; asthma | 11 | | episode emergency response protocol.
| 12 | | (a) For the purpose of this Section only, the following | 13 | | terms shall have the meanings set forth below:
| 14 | | "Asthma action plan" means a written plan developed with a | 15 | | pupil's medical provider to help control the pupil's asthma. | 16 | | The goal of an asthma action plan is to reduce or prevent | 17 | | flare-ups and emergency department visits through day-to-day | 18 | | management and to serve as a student-specific document to be | 19 | | referenced in the event of an asthma episode. | 20 | | "Asthma episode emergency response protocol" means a | 21 | | procedure to provide assistance to a pupil experiencing | 22 | | symptoms of wheezing, coughing, shortness of breath, chest | 23 | | tightness, or breathing difficulty. |
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| 1 | | "Asthma inhaler" means a quick reliever asthma inhaler. | 2 | | "Epinephrine auto-injector" means a single-use device used | 3 | | for the automatic injection of a pre-measured dose of | 4 | | epinephrine into the human body.
| 5 | | "Epinephrine injector" includes an auto-injector approved | 6 | | by the United States Food and Drug Administration for the | 7 | | administration of epinephrine and a pre-filled syringe | 8 | | approved by the United States Food and Drug Administration and | 9 | | used for the administration of epinephrine that contains a | 10 | | pre-measured dose of epinephrine that is equivalent to the | 11 | | dosages used in an auto-injector. | 12 | | "Asthma medication" means a medicine, prescribed by (i) a | 13 | | physician
licensed to practice medicine in all its branches,
| 14 | | (ii) a licensed physician assistant with prescriptive | 15 | | authority, or (iii) a licensed advanced practice registered
| 16 | | nurse with prescriptive authority
for a pupil that pertains to | 17 | | the pupil's
asthma and that has an individual prescription | 18 | | label.
| 19 | | "Opioid antagonist" means a drug that binds to opioid | 20 | | receptors and blocks or inhibits the effect of opioids acting | 21 | | on those receptors, including, but not limited to, naloxone | 22 | | hydrochloride or any other similarly acting drug approved by | 23 | | the U.S. Food and Drug Administration. | 24 | | "School nurse" means a registered nurse working in a school | 25 | | with or without licensure endorsed in school nursing. | 26 | | "Self-administration" means a pupil's discretionary use of |
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| 1 | | his or
her prescribed asthma medication or epinephrine injector | 2 | | auto-injector .
| 3 | | "Self-carry" means a pupil's ability to carry his or her | 4 | | prescribed asthma medication or epinephrine injector | 5 | | auto-injector . | 6 | | "Standing protocol" may be issued by (i) a physician | 7 | | licensed to practice medicine in all its branches, (ii) a | 8 | | licensed physician assistant with prescriptive authority, or | 9 | | (iii) a licensed advanced practice registered nurse with | 10 | | prescriptive authority. | 11 | | "Trained personnel" means any school employee or volunteer | 12 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 13 | | 10-22.34b of this Code who has completed training under | 14 | | subsection (g) of this Section to recognize and respond to | 15 | | anaphylaxis. | 16 | | "Undesignated epinephrine injector auto-injector " means an | 17 | | epinephrine injector auto-injector prescribed in the name of a | 18 | | school district, public school, or nonpublic school. | 19 | | (b) A school, whether public or nonpublic, must permit the
| 20 | | self-administration and self-carry of asthma
medication by a | 21 | | pupil with asthma or the self-administration and self-carry of | 22 | | an epinephrine injector auto-injector by a pupil, provided | 23 | | that:
| 24 | | (1) the parents or
guardians of the pupil provide to | 25 | | the school (i) written
authorization from the parents or | 26 | | guardians for (A) the self-administration and self-carry |
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| 1 | | of asthma medication or (B) the self-carry of asthma | 2 | | medication or (ii) for (A) the self-administration and | 3 | | self-carry of an epinephrine injector auto-injector or (B) | 4 | | the self-carry of an epinephrine injector auto-injector , | 5 | | written authorization from the pupil's physician, | 6 | | physician assistant, or advanced practice registered | 7 | | nurse; and
| 8 | | (2) the
parents or guardians of the pupil provide to | 9 | | the school (i) the prescription label, which must contain | 10 | | the name of the asthma medication, the prescribed dosage, | 11 | | and the time at which or circumstances under which the | 12 | | asthma medication is to be administered, or (ii) for the | 13 | | self-administration or self-carry of an epinephrine | 14 | | injector auto-injector , a
written
statement from the | 15 | | pupil's physician, physician assistant, or advanced | 16 | | practice registered
nurse containing
the following | 17 | | information:
| 18 | | (A) the name and purpose of the epinephrine | 19 | | injector auto-injector ;
| 20 | | (B) the prescribed dosage; and
| 21 | | (C) the time or times at which or the special | 22 | | circumstances
under which the epinephrine injector | 23 | | auto-injector is to be administered.
| 24 | | The information provided shall be kept on file in the office of | 25 | | the school
nurse or,
in the absence of a school nurse, the | 26 | | school's administrator.
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| 1 | | (b-5) A school district, public school, or nonpublic school | 2 | | may authorize the provision of a student-specific or | 3 | | undesignated epinephrine injector auto-injector to a student | 4 | | or any personnel authorized under a student's Individual Health | 5 | | Care Action Plan, Illinois Food Allergy Emergency Action Plan | 6 | | and Treatment Authorization Form, or plan pursuant to Section | 7 | | 504 of the federal Rehabilitation Act of 1973 to administer an | 8 | | epinephrine injector auto-injector to the student, that meets | 9 | | the student's prescription on file. | 10 | | (b-10) The school district, public school, or nonpublic | 11 | | school may authorize a school nurse or trained personnel to do | 12 | | the following: (i) provide an undesignated epinephrine | 13 | | injector auto-injector to a student for self-administration | 14 | | only or any personnel authorized under a student's Individual | 15 | | Health Care Action Plan, Illinois Food Allergy Emergency Action | 16 | | Plan and Treatment Authorization Form, or plan pursuant to | 17 | | Section 504 of the federal Rehabilitation Act of 1973 to | 18 | | administer to the student, that meets the student's | 19 | | prescription on file; (ii) administer an undesignated | 20 | | epinephrine injector auto-injector that meets the prescription | 21 | | on file to any student who has an Individual Health Care Action | 22 | | Plan, Illinois Food Allergy Emergency Action Plan and Treatment | 23 | | Authorization Form, or plan pursuant to Section 504 of the | 24 | | federal Rehabilitation Act of 1973 that authorizes the use of | 25 | | an epinephrine injector auto-injector ; (iii) administer an | 26 | | undesignated epinephrine injector auto-injector to any person |
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| 1 | | that the school nurse or trained personnel in good faith | 2 | | believes is having an anaphylactic reaction; and (iv) | 3 | | administer an opioid antagonist to any person that the school | 4 | | nurse or trained personnel in good faith believes is having an | 5 | | opioid overdose. | 6 | | (c) The school district, public school, or nonpublic school | 7 | | must inform the parents or
guardians of the
pupil, in writing, | 8 | | that the school district, public school, or nonpublic school | 9 | | and its
employees and
agents, including a physician, physician | 10 | | assistant, or advanced practice registered nurse providing | 11 | | standing protocol or prescription for school epinephrine | 12 | | injectors auto-injectors ,
are to incur no liability or | 13 | | professional discipline, except for willful and wanton | 14 | | conduct, as a result
of any injury arising from the
| 15 | | administration of asthma medication, an epinephrine injector | 16 | | auto-injector , or an opioid antagonist regardless of whether | 17 | | authorization was given by the pupil's parents or guardians or | 18 | | by the pupil's physician, physician assistant, or advanced | 19 | | practice registered nurse. The parents or guardians
of the | 20 | | pupil must sign a statement acknowledging that the school | 21 | | district, public school,
or nonpublic school and its employees | 22 | | and agents are to incur no liability, except for willful and | 23 | | wanton
conduct, as a result of any injury arising
from the
| 24 | | administration of asthma medication, an epinephrine injector | 25 | | auto-injector , or an opioid antagonist regardless of whether | 26 | | authorization was given by the pupil's parents or guardians or |
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| 1 | | by the pupil's physician, physician assistant, or advanced | 2 | | practice registered nurse and that the parents or
guardians | 3 | | must indemnify and hold harmless the school district, public | 4 | | school, or nonpublic
school and
its
employees and agents | 5 | | against any claims, except a claim based on willful and
wanton | 6 | | conduct, arising out of the
administration of asthma | 7 | | medication, an epinephrine injector auto-injector , or an | 8 | | opioid antagonist regardless of whether authorization was | 9 | | given by the pupil's parents or guardians or by the pupil's | 10 | | physician, physician assistant, or advanced practice | 11 | | registered nurse. | 12 | | (c-5) When a school nurse or trained personnel administers | 13 | | an undesignated epinephrine injector auto-injector to a person | 14 | | whom the school nurse or trained personnel in good faith | 15 | | believes is having an anaphylactic reaction or administers an | 16 | | opioid antagonist to a person whom the school nurse or trained | 17 | | personnel in good faith believes is having an opioid overdose, | 18 | | notwithstanding the lack of notice to the parents or guardians | 19 | | of the pupil or the absence of the parents or guardians signed | 20 | | statement acknowledging no liability, except for willful and | 21 | | wanton conduct, the school district, public school, or | 22 | | nonpublic school and its employees and agents, and a physician, | 23 | | a physician assistant, or an advanced practice registered nurse | 24 | | providing standing protocol or prescription for undesignated | 25 | | epinephrine injectors auto-injectors , are to incur no | 26 | | liability or professional discipline, except for willful and |
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| 1 | | wanton conduct, as a result of any injury arising from the use | 2 | | of an undesignated epinephrine injector auto-injector or the | 3 | | use of an opioid antagonist regardless of whether authorization | 4 | | was given by the pupil's parents or guardians or by the pupil's | 5 | | physician, physician assistant, or advanced practice | 6 | | registered nurse.
| 7 | | (d) The permission for self-administration and self-carry | 8 | | of asthma medication or the self-administration and self-carry | 9 | | of an epinephrine injector auto-injector is effective
for the | 10 | | school year for which it is granted and shall be renewed each
| 11 | | subsequent school year upon fulfillment of the requirements of | 12 | | this
Section.
| 13 | | (e) Provided that the requirements of this Section are | 14 | | fulfilled, a
pupil with asthma may self-administer and | 15 | | self-carry his or her asthma medication or a pupil may | 16 | | self-administer and self-carry an epinephrine injector | 17 | | auto-injector (i) while in
school, (ii) while at a | 18 | | school-sponsored activity, (iii) while under the
supervision | 19 | | of
school personnel, or (iv) before or after normal school | 20 | | activities, such
as while in before-school or after-school care | 21 | | on school-operated
property or while being transported on a | 22 | | school bus.
| 23 | | (e-5) Provided that the requirements of this Section are | 24 | | fulfilled, a school nurse or trained personnel may administer | 25 | | an undesignated epinephrine injector auto-injector to any | 26 | | person whom the school nurse or trained personnel in good faith |
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| 1 | | believes to be having an anaphylactic reaction (i) while in | 2 | | school, (ii) while at a school-sponsored activity, (iii) while | 3 | | under the supervision of school personnel, or (iv) before or | 4 | | after normal school activities, such
as while in before-school | 5 | | or after-school care on school-operated property or while being | 6 | | transported on a school bus. A school nurse or trained | 7 | | personnel may carry undesignated epinephrine injectors | 8 | | auto-injectors on his or her person while in school or at a | 9 | | school-sponsored activity. | 10 | | (e-10) Provided that the requirements of this Section are | 11 | | fulfilled, a school nurse or trained personnel may administer | 12 | | an opioid antagonist to any person whom the school nurse or | 13 | | trained personnel in good faith believes to be having an opioid | 14 | | overdose (i) while in school, (ii) while at a school-sponsored | 15 | | activity, (iii) while under the supervision of school | 16 | | personnel, or (iv) before or after normal school activities, | 17 | | such as while in before-school or after-school care on | 18 | | school-operated property. A school nurse or trained personnel | 19 | | may carry an opioid antagonist on their person while in school | 20 | | or at a school-sponsored activity. | 21 | | (f) The school district, public school, or nonpublic school | 22 | | may maintain a supply of undesignated epinephrine injectors | 23 | | auto-injectors in any secure location that is accessible | 24 | | before, during, and after school where an allergic person is | 25 | | most at risk, including, but not limited to, classrooms and | 26 | | lunchrooms. A physician, a physician assistant who has been |
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| 1 | | delegated prescriptive authority in accordance with Section | 2 | | 7.5 of the Physician Assistant Practice Act of 1987, or an | 3 | | advanced practice registered nurse who has been delegated | 4 | | prescriptive authority in accordance with Section 65-40 of the | 5 | | Nurse Practice Act may prescribe undesignated epinephrine | 6 | | injectors auto-injectors in the name of the school district, | 7 | | public school, or nonpublic school to be maintained for use | 8 | | when necessary. Any supply of epinephrine injectors | 9 | | auto-injectors shall be maintained in accordance with the | 10 | | manufacturer's instructions. | 11 | | The school district, public school, or nonpublic school may | 12 | | maintain a supply of an opioid antagonist in any secure | 13 | | location where an individual may have an opioid overdose. A | 14 | | health care professional who has been delegated prescriptive | 15 | | authority for opioid antagonists in accordance with Section | 16 | | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | 17 | | may prescribe opioid antagonists in the name of the school | 18 | | district, public school, or nonpublic school, to be maintained | 19 | | for use when necessary. Any supply of opioid antagonists shall | 20 | | be maintained in accordance with the manufacturer's | 21 | | instructions. | 22 | | (f-3) Whichever entity initiates the process of obtaining | 23 | | undesignated epinephrine injectors auto-injectors and | 24 | | providing training to personnel for carrying and administering | 25 | | undesignated epinephrine injectors auto-injectors shall pay | 26 | | for the costs of the undesignated epinephrine injectors |
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| 1 | | auto-injectors . | 2 | | (f-5) Upon any administration of an epinephrine injector | 3 | | auto-injector , a school district, public school, or nonpublic | 4 | | school must immediately activate the EMS system and notify the | 5 | | student's parent, guardian, or emergency contact, if known. | 6 | | Upon any administration of an opioid antagonist, a school | 7 | | district, public school, or nonpublic school must immediately | 8 | | activate the EMS system and notify the student's parent, | 9 | | guardian, or emergency contact, if known. | 10 | | (f-10) Within 24 hours of the administration of an | 11 | | undesignated epinephrine injector auto-injector , a school | 12 | | district, public school, or nonpublic school must notify the | 13 | | physician, physician assistant, or advanced practice | 14 | | registered nurse who provided the standing protocol or | 15 | | prescription for the undesignated epinephrine injector | 16 | | auto-injector of its use. | 17 | | Within 24 hours after the administration of an opioid | 18 | | antagonist, a school district, public school, or nonpublic | 19 | | school must notify the health care professional who provided | 20 | | the prescription for the opioid antagonist of its use. | 21 | | (g) Prior to the administration of an undesignated | 22 | | epinephrine injector auto-injector , trained personnel must | 23 | | submit to their school's administration proof of completion of | 24 | | a training curriculum to recognize and respond to anaphylaxis | 25 | | that meets the requirements of subsection (h) of this Section. | 26 | | Training must be completed annually. The school district, |
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| 1 | | public school, or nonpublic school must maintain records | 2 | | related to the training curriculum and trained personnel. | 3 | | Prior to the administration of an opioid antagonist, | 4 | | trained personnel must submit to their school's administration | 5 | | proof of completion of a training curriculum to recognize and | 6 | | respond to an opioid overdose, which curriculum must meet the | 7 | | requirements of subsection (h-5) of this Section. Training must | 8 | | be completed annually. Trained personnel must also submit to | 9 | | the school's administration proof of cardiopulmonary | 10 | | resuscitation and automated external defibrillator | 11 | | certification. The school district, public school, or | 12 | | nonpublic school must maintain records relating to the training | 13 | | curriculum and the trained personnel. | 14 | | (h) A training curriculum to recognize and respond to | 15 | | anaphylaxis, including the administration of an undesignated | 16 | | epinephrine injector auto-injector , may be conducted online or | 17 | | in person. | 18 | | Training shall include, but is not limited to: | 19 | | (1) how to recognize signs and symptoms of an allergic | 20 | | reaction, including anaphylaxis; | 21 | | (2) how to administer an epinephrine injector | 22 | | auto-injector ; and | 23 | | (3) a test demonstrating competency of the knowledge | 24 | | required to recognize anaphylaxis and administer an | 25 | | epinephrine injector auto-injector . | 26 | | Training may also include, but is not limited to: |
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| 1 | | (A) a review of high-risk areas within a school and its | 2 | | related facilities; | 3 | | (B) steps to take to prevent exposure to allergens; | 4 | | (C) emergency follow-up procedures; | 5 | | (D) how to respond to a student with a known allergy, | 6 | | as well as a student with a previously unknown allergy; and | 7 | | (E) other criteria as determined in rules adopted | 8 | | pursuant to this Section. | 9 | | In consultation with statewide professional organizations | 10 | | representing physicians licensed to practice medicine in all of | 11 | | its branches, registered nurses, and school nurses, the State | 12 | | Board of Education shall make available resource materials | 13 | | consistent with criteria in this subsection (h) for educating | 14 | | trained personnel to recognize and respond to anaphylaxis. The | 15 | | State Board may take into consideration the curriculum on this | 16 | | subject developed by other states, as well as any other | 17 | | curricular materials suggested by medical experts and other | 18 | | groups that work on life-threatening allergy issues. The State | 19 | | Board is not required to create new resource materials. The | 20 | | State Board shall make these resource materials available on | 21 | | its Internet website. | 22 | | (h-5) A training curriculum to recognize and respond to an | 23 | | opioid overdose, including the administration of an opioid | 24 | | antagonist, may be conducted online or in person. The training | 25 | | must comply with any training requirements under Section 5-23 | 26 | | of the Alcoholism and Other Drug Abuse and Dependency Act and |
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| 1 | | the corresponding rules. It must include, but is not limited | 2 | | 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 911; | 11 | | (7) care for the overdose victim after administration | 12 | | of the overdose antagonist; | 13 | | (8) a test demonstrating competency of the knowledge | 14 | | required to recognize an opioid overdose and administer a | 15 | | dose of an opioid antagonist; and | 16 | | (9) other criteria as determined in rules adopted | 17 | | pursuant to this Section. | 18 | | (i) Within 3 days after the administration of an | 19 | | undesignated epinephrine injector auto-injector by a school | 20 | | nurse, trained personnel, or a student at a school or | 21 | | school-sponsored activity, the school must report to the State | 22 | | Board of Education in a form and manner prescribed by the State | 23 | | Board the following information: | 24 | | (1) age and type of person receiving epinephrine | 25 | | (student, staff, visitor); | 26 | | (2) any previously known diagnosis of a severe allergy; |
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| 1 | | (3) trigger that precipitated allergic episode; | 2 | | (4) location where symptoms developed; | 3 | | (5) number of doses administered; | 4 | | (6) type of person administering epinephrine (school | 5 | | nurse, trained personnel, student); and | 6 | | (7) any other information required by the State Board. | 7 | | If a school district, public school, or nonpublic school | 8 | | maintains or has an independent contractor providing | 9 | | transportation to students who maintains a supply of | 10 | | undesignated epinephrine injectors auto-injectors , then the | 11 | | school district, public school, or nonpublic school must report | 12 | | that information to the State Board of Education upon adoption | 13 | | or change of the policy of the school district, public school, | 14 | | nonpublic school, or independent contractor, in a manner as | 15 | | prescribed by the State Board. The report must include the | 16 | | number of undesignated epinephrine injectors auto-injectors in | 17 | | supply. | 18 | | (i-5) Within 3 days after the administration of an opioid | 19 | | antagonist by a school nurse or trained personnel, the school | 20 | | must report to the State Board of Education, in a form and | 21 | | manner prescribed by the State Board, the following | 22 | | information: | 23 | | (1) the age and type of person receiving the opioid | 24 | | antagonist (student, staff, or visitor); | 25 | | (2) the location where symptoms developed; | 26 | | (3) the type of person administering the opioid |
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| 1 | | antagonist (school nurse or trained personnel); and | 2 | | (4) any other information required by the State Board. | 3 | | (j) By October 1, 2015 and every year thereafter, the State | 4 | | Board of Education shall submit a report to the General | 5 | | Assembly identifying the frequency and circumstances of | 6 | | epinephrine administration during the preceding academic year. | 7 | | Beginning with the 2017 report, the report shall also contain | 8 | | information on which school districts, public schools, and | 9 | | nonpublic schools maintain or have independent contractors | 10 | | providing transportation to students who maintain a supply of | 11 | | undesignated epinephrine injectors auto-injectors . This report | 12 | | shall be published on the State Board's Internet website on the | 13 | | date the report is delivered to the General Assembly. | 14 | | (j-5) Annually, each school district, public school, | 15 | | charter school, or nonpublic school shall request an asthma | 16 | | action plan from the parents or guardians of a pupil with | 17 | | asthma. If provided, the asthma action plan must be kept on | 18 | | file in the office of the school nurse or, in the absence of a | 19 | | school nurse, the school administrator. Copies of the asthma | 20 | | action plan may be distributed to appropriate school staff who | 21 | | interact with the pupil on a regular basis, and, if applicable, | 22 | | may be attached to the pupil's federal Section 504 plan or | 23 | | individualized education program plan. | 24 | | (j-10) To assist schools with emergency response | 25 | | procedures for asthma, the State Board of Education, in | 26 | | consultation with statewide professional organizations with |
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| 1 | | expertise in asthma management and a statewide organization | 2 | | representing school administrators, shall develop a model | 3 | | asthma episode emergency response protocol before September 1, | 4 | | 2016. Each school district, charter school, and nonpublic | 5 | | school shall adopt an asthma episode emergency response | 6 | | protocol before January 1, 2017 that includes all of the | 7 | | components of the State Board's model protocol. | 8 | | (j-15) Every 2 years, school personnel who work with pupils | 9 | | shall complete an in-person or online training program on the | 10 | | management of asthma, the prevention of asthma symptoms, and | 11 | | emergency response in the school setting. In consultation with | 12 | | statewide professional organizations with expertise in asthma | 13 | | management, the State Board of Education shall make available | 14 | | resource materials for educating school personnel about asthma | 15 | | and emergency response in the school setting. | 16 | | (j-20) On or before October 1, 2016 and every year | 17 | | thereafter, the State Board of Education shall submit a report | 18 | | to the General Assembly and the Department of Public Health | 19 | | identifying the frequency and circumstances of opioid | 20 | | antagonist administration during the preceding academic year. | 21 | | This report shall be published on the State Board's Internet | 22 | | website on the date the report is delivered to the General | 23 | | Assembly. | 24 | | (k) The State Board of Education may adopt rules necessary | 25 | | to implement this Section. | 26 | | (l) Nothing in this Section shall limit the amount of |
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| 1 | | epinephrine injectors auto-injectors that any type of school or | 2 | | student may carry or maintain a supply of. | 3 | | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | 4 | | 99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff. | 5 | | 8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18 .)
| 6 | | Section 10. The Epinephrine Auto-Injector Act is amended by | 7 | | changing Sections 1, 5, 10, 15, and 20 as follows: | 8 | | (410 ILCS 27/1)
| 9 | | Sec. 1. Short title. This Act may be cited as the | 10 | | Epinephrine Injector Auto-Injector Act.
| 11 | | (Source: P.A. 99-711, eff. 1-1-17 .) | 12 | | (410 ILCS 27/5) | 13 | | Sec. 5. Definitions. As used in this Act: | 14 | | "Administer" means to directly apply an epinephrine | 15 | | injector auto-injector to the body of an individual. | 16 | | "Authorized entity" means any entity or organization, | 17 | | other than a school covered under Section 22-30 of the School | 18 | | Code, in connection with or at which allergens capable of | 19 | | causing anaphylaxis may be present, including, but not limited | 20 | | to, independent contractors who provide student transportation | 21 | | to schools, recreation camps, colleges and universities, day | 22 | | care facilities, youth sports leagues, amusement parks, | 23 | | restaurants, sports arenas, and places of employment. The |
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| 1 | | Department shall, by rule, determine what constitutes a day | 2 | | care facility under this definition. | 3 | | "Department" means the Department of Public Health. | 4 | | "Epinephrine injector" includes an auto-injector approved | 5 | | by the United States Food and Drug Administration for the | 6 | | administration of epinephrine and a pre-filled syringe | 7 | | approved by the United States Food and Drug Administration and | 8 | | used for the administration of epinephrine that contains a | 9 | | pre-measured dose of epinephrine that is equivalent to the | 10 | | dosages used in an auto-injector. | 11 | | "Epinephrine auto-injector" means a single-use device used | 12 | | for the automatic injection of a pre-measured dose of | 13 | | epinephrine into the human body. | 14 | | "Health care practitioner" means a physician licensed to | 15 | | practice medicine in all its branches under the Medical | 16 | | Practice Act of 1987, a physician assistant under the Physician | 17 | | Assistant Practice Act of 1987 with prescriptive authority, or | 18 | | an advanced practice registered nurse with prescribing | 19 | | authority under Article 65 of the Nurse Practice Act. | 20 | | "Pharmacist" has the meaning given to that term under | 21 | | subsection (k-5) of Section 3 of the Pharmacy Practice Act. | 22 | | "Undesignated epinephrine injector auto-injector " means an | 23 | | epinephrine injector auto-injector prescribed in the name of an | 24 | | authorized entity.
| 25 | | (Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18 .) |
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| 1 | | (410 ILCS 27/10)
| 2 | | Sec. 10. Prescription to authorized entity; use; training. | 3 | | (a) A health care practitioner may prescribe epinephrine | 4 | | injectors auto-injectors in the name of an authorized entity | 5 | | for use in accordance with this Act, and pharmacists and health | 6 | | care practitioners may dispense epinephrine injectors | 7 | | auto-injectors pursuant to a prescription issued in the name of | 8 | | an authorized entity. Such prescriptions shall be valid for a | 9 | | period of 2 years. | 10 | | (b) An authorized entity may acquire and stock a supply of | 11 | | undesignated epinephrine injectors auto-injectors pursuant to | 12 | | a prescription issued under subsection (a) of this Section. | 13 | | Such undesignated epinephrine injectors auto-injectors shall | 14 | | be stored in a location readily accessible in an emergency and | 15 | | in accordance with the instructions for use of the epinephrine | 16 | | injectors auto-injectors . The Department may establish any | 17 | | additional requirements an authorized entity must follow under | 18 | | this Act. | 19 | | (c) An employee or agent of an authorized entity or other | 20 | | individual who has completed training under subsection (d) of | 21 | | this Section may: | 22 | | (1) provide an epinephrine injector auto-injector to | 23 | | any individual on the property of the authorized entity | 24 | | whom the employee, agent, or other individual believes in | 25 | | good faith is experiencing anaphylaxis, or to the parent, | 26 | | guardian, or caregiver of such individual, for immediate |
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| 1 | | administration, regardless of whether the individual has a | 2 | | prescription for an epinephrine injector auto-injector or | 3 | | has previously been diagnosed with an allergy; or | 4 | | (2) administer an epinephrine injector auto-injector | 5 | | to any individual on the property of the authorized entity | 6 | | whom the employee, agent, or other individual believes in | 7 | | good faith is experiencing anaphylaxis, regardless of | 8 | | whether the individual has a prescription for an | 9 | | epinephrine injector auto-injector or has previously been | 10 | | diagnosed with an allergy. | 11 | | (d) An employee, agent, or other individual authorized must | 12 | | complete an anaphylaxis training program before he or she is | 13 | | able to provide or administer an epinephrine injector | 14 | | auto-injector under this Section. Such training shall be valid | 15 | | for a period of 2 years and shall be conducted by a nationally | 16 | | recognized organization experienced in training laypersons in | 17 | | emergency health treatment. The Department shall include links | 18 | | to training providers' websites on its website. | 19 | | Training shall include, but is not limited to: | 20 | | (1) how to recognize signs and symptoms of an allergic | 21 | | reaction, including anaphylaxis; | 22 | | (2) how to administer an epinephrine injector | 23 | | auto-injector ; and | 24 | | (3) a test demonstrating competency of the knowledge | 25 | | required to recognize anaphylaxis and administer an | 26 | | epinephrine injector auto-injector . |
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| 1 | | Training may also include, but is not limited to: | 2 | | (A) a review of high-risk areas on the authorized | 3 | | entity's property and its related facilities; | 4 | | (B) steps to take to prevent exposure to allergens; | 5 | | (C) emergency follow-up procedures; and | 6 | | (D) other criteria as determined in rules adopted | 7 | | pursuant to this Act. | 8 | | Training may be conducted either online or in person. The | 9 | | Department shall approve training programs and list permitted | 10 | | training programs on the Department's Internet website.
| 11 | | (Source: P.A. 99-711, eff. 1-1-17 .) | 12 | | (410 ILCS 27/15)
| 13 | | Sec. 15. Costs. Whichever entity initiates the process of | 14 | | obtaining undesignated epinephrine injectors auto-injectors | 15 | | and providing training to personnel for carrying and | 16 | | administering undesignated epinephrine injectors | 17 | | auto-injectors shall pay for the costs of the undesignated | 18 | | epinephrine injectors auto-injectors .
| 19 | | (Source: P.A. 99-711, eff. 1-1-17 .) | 20 | | (410 ILCS 27/20)
| 21 | | Sec. 20. Limitations. The use of an undesignated | 22 | | epinephrine injector auto-injector in accordance with the | 23 | | requirements of this Act does not constitute the practice of | 24 | | medicine or any other profession that requires medical |
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| 1 | | licensure. | 2 | | Nothing in this Act shall limit the amount of epinephrine | 3 | | injectors auto-injectors that an authorized entity or | 4 | | individual may carry or maintain a supply of.
| 5 | | (Source: P.A. 99-711, eff. 1-1-17 .) | 6 | | Section 15. The Illinois Food, Drug and Cosmetic Act is | 7 | | amended by changing Section 3.21 as follows:
| 8 | | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| 9 | | Sec. 3.21. Except as authorized by this Act, the Illinois | 10 | | Controlled Substances
Act, the Pharmacy Practice Act, the | 11 | | Dental Practice Act, the Medical
Practice Act of 1987, the | 12 | | Veterinary Medicine and Surgery Practice Act of
2004, the | 13 | | Podiatric Medical Practice Act of 1987, Section 22-30 of the | 14 | | School Code, Section 40 of the State Police Act, Section 10.19 | 15 | | of the Illinois Police Training Act, or the Epinephrine | 16 | | Injector Auto-Injector Act, to sell or dispense a
prescription | 17 | | drug without a prescription.
| 18 | | (Source: P.A. 99-78, eff. 7-20-15; 99-711, eff. 1-1-17 .)
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