Bill Amendment: IL HB0102 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ANAPHYLACTIC POLICY

Status: 2021-08-20 - Public Act . . . . . . . . . 102-0413 [HB0102 Detail]

Download: Illinois-2021-HB0102-House_Amendment_001.html

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Rep. Jonathan Carroll

Filed: 4/15/2021

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AMENDMENT TO HOUSE BILL 102
AMENDMENT NO. ______. Amend House Bill 102 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Childhood Anaphylactic Policy Act.
Section 5. Definitions. In this Act:
"Department" means the Department of Public Health.
"State Board" means the State Board of Education.
Section 10. Anaphylactic policy for school districts and
day care centers.
(a) The Department, in consultation with the State Board,
shall establish an anaphylactic policy for school districts
setting forth guidelines and procedures to be followed both
for the prevention of anaphylaxis and during a medical
emergency resulting from anaphylaxis. The policy shall be

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developed after consultation with representatives of pediatric
physicians, school nurses, other health care providers with
expertise in treating children with anaphylaxis, parents of
children with life threatening allergies, school
administrators, teachers, school food service directors, and
appropriate not-for-profit corporations representing allergic
individuals at risk for anaphylaxis.
(b) The Department, in consultation with the Department of
Children and Family Services, shall establish an anaphylactic
policy for day care centers setting forth guidelines and
procedures to be followed both for the prevention of
anaphylaxis and during a medical emergency resulting from
anaphylaxis. The policy shall be developed after consultation
with representatives of pediatric physicians and other health
care providers with expertise in treating children with
anaphylaxis, parents of children with life threatening
allergies, day care administrators and personnel, and
appropriate not-for-profit corporations representing allergic
individuals at risk for anaphylaxis. The Department, in
consultation with the Department of Children and Family
Services, shall create informational materials detailing the
anaphylactic policy to be distributed to day care centers.
(c) In establishing policies under this Section, the
Department shall consider existing requirements and current
and best practices for schools and day care centers regarding
allergies and anaphylaxis. The Department shall also consider

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the voluntary guidelines for managing food allergies in
schools and early care and education programs issued by the
United States Department of Health and Human Services, to the
extent appropriate for the setting.
(d) The Department shall create informational materials
detailing the anaphylactic policies under this Section and
distribute them to the school boards of school districts,
charter schools, and day care centers. The Department shall
make the materials available on the Department's website.
Section 15. Policy requirements. The anaphylactic policies
established under Section 10 of this Act shall include the
following:
(1) A procedure and treatment plan, including
emergency protocols and responsibilities for school nurses
and other appropriate school and day care personnel, for
responding to anaphylaxis.
(2) A training course for appropriate school and day
care personnel on preventing and responding to
anaphylaxis. The Department shall, in consultation with
the Department of Children and Family Services and the
State Board, consider existing training programs for
responding to anaphylaxis in order to avoid duplicative
training requirements. A preexisting program shall fulfill
the requirement for a training course pursuant to this
paragraph if the standards of the preexisting program are

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deemed by the Department to be at least as stringent as the
standards adopted by the Department in the development of
the training course by the State.
(3) A procedure and appropriate guidelines for the
development of an individualized emergency health care
plan for children with a food or other allergy that could
result in anaphylaxis.
(4) A communication plan for intake and dissemination
of information provided by the State regarding children
with a food or other allergy that could result in
anaphylaxis, including a discussion of methods,
treatments, and therapies to reduce the risk of allergic
reactions, including anaphylaxis.
(5) Strategies for reducing the risk of exposure to
anaphylactic causative agents, including food and other
allergens.
(6) A communication plan for discussion with children
that have developed adequate verbal communication and
comprehension skills and with the parents or guardians of
all children about foods that are safe and unsafe and
about strategies to avoid exposure to unsafe food.
Section 20. Notification. At least once each calendar
year, schools and day care centers shall send a notification
to the parents or guardians of all children under the care of
the schools or day care centers to make them aware of the

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

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Section 35. The Child Care Act of 1969 is amended by adding
Section 5.11 as follows:
(225 ILCS 10/5.11 new)
Sec. 5.11. Plan for anaphylactic shock. The Department
shall require each licensed day care center, day care home,
and group day care home to have a plan for anaphylactic shock
to be followed for the prevention of anaphylaxis and during a
medical emergency resulting from anaphylaxis. The plan should
be based on the guidance and recommendations provided by the
American Academy of Pediatrics relating to the management of
food allergies or other allergies. The plan should be shared
with parents or guardians upon enrollment at each licensed day
care center, day care home, and group day care home. If a child
requires specific specialized treatment during an episode of
anaphylaxis, that child's treatment plan should be kept by the
staff of the day care center, day care home, or group day care
home and followed in the event of an emergency. Each licensed
day care center, day care home, and group day care home shall
have at least one staff member present at all times who has
taken a training course in recognizing and responding to
anaphylaxis.
Section 99. Effective date. This Act takes effect July 1,
2021.".