Bill Amendment: IL HB0102 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ANAPHYLACTIC POLICY
Status: 2021-08-20 - Public Act . . . . . . . . . 102-0413 [HB0102 Detail]
Download: Illinois-2021-HB0102-House_Amendment_002.html
Bill Title: ANAPHYLACTIC POLICY
Status: 2021-08-20 - Public Act . . . . . . . . . 102-0413 [HB0102 Detail]
Download: Illinois-2021-HB0102-House_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 102
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| 2 | AMENDMENT NO. ______. Amend House Bill 102 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The School Code is amended by adding Section | ||||||
| 5 | 2-3.182 and by changing Section 22-30 as follows:
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| 6 | (105 ILCS 5/2-3.182 new) | ||||||
| 7 | Sec. 2-3.182. Anaphylactic policy for school districts. | ||||||
| 8 | (a) The State Board of Education, in consultation with the | ||||||
| 9 | Department of Public Health, shall establish an anaphylactic | ||||||
| 10 | policy for school districts 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 the advisory committee established pursuant to Section 5 | ||||||
| 15 | of the Critical Health Problems and Comprehensive Health | ||||||
| 16 | Education Act. In establishing the policy required under this | ||||||
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| 1 | Section, the State Board shall consider existing requirements | ||||||
| 2 | and current and best practices for schools regarding allergies | ||||||
| 3 | and anaphylaxis. The State Board must also consider the | ||||||
| 4 | voluntary guidelines for managing food allergies in schools | ||||||
| 5 | issued by the United States Department of Health and Human | ||||||
| 6 | Services. | ||||||
| 7 | (b) The anaphylactic policy established under subsection | ||||||
| 8 | (a) shall include the following: | ||||||
| 9 | (1) A procedure and treatment plan, including | ||||||
| 10 | emergency protocols and responsibilities for school nurses | ||||||
| 11 | and other appropriate school personnel, for responding to | ||||||
| 12 | anaphylaxis. | ||||||
| 13 | (2) Requirements for a training course for appropriate | ||||||
| 14 | school personnel on preventing and responding to | ||||||
| 15 | anaphylaxis. | ||||||
| 16 | (3) A procedure and appropriate guidelines for the | ||||||
| 17 | development of an individualized emergency health care | ||||||
| 18 | plan for children with a food or other allergy that could | ||||||
| 19 | result in anaphylaxis. | ||||||
| 20 | (4) A communication plan for intake and dissemination | ||||||
| 21 | of information provided by this State regarding children | ||||||
| 22 | with a food or other allergy that could result in | ||||||
| 23 | anaphylaxis, including a discussion of methods, | ||||||
| 24 | treatments, and therapies to reduce the risk of allergic | ||||||
| 25 | reactions, including anaphylaxis. | ||||||
| 26 | (5) Strategies for reducing the risk of exposure to | ||||||
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| 1 | anaphylactic causative agents, including food and other | ||||||
| 2 | allergens. | ||||||
| 3 | (6) A communication plan for discussion with children | ||||||
| 4 | who have developed adequate verbal communication and | ||||||
| 5 | comprehension skills and with the parents or guardians of | ||||||
| 6 | all children about foods that are safe and unsafe and | ||||||
| 7 | about strategies to avoid exposure to unsafe food. | ||||||
| 8 | (c) At least once each calendar year, each school district | ||||||
| 9 | shall send a notification to the parents or guardians of all | ||||||
| 10 | children under the care of a school to make them aware of the | ||||||
| 11 | anaphylactic policy. The notification shall include contact | ||||||
| 12 | information for parents and guardians to engage further with | ||||||
| 13 | the school to learn more about individualized aspects of the | ||||||
| 14 | policy. | ||||||
| 15 | (d) At least 6 months after the effective date of this | ||||||
| 16 | amendatory Act of the 102nd General Assembly, the anaphylactic | ||||||
| 17 | policy established under subsection (a) shall be forwarded by | ||||||
| 18 | the State Board to the school board of each school district in | ||||||
| 19 | this State. Each school district shall implement or update, as | ||||||
| 20 | appropriate, its anaphylactic policy in accordance with those | ||||||
| 21 | developed by the State Board within 6 months after receiving | ||||||
| 22 | the anaphylactic policy from the State Board. | ||||||
| 23 | (e) The anaphylactic policy established under subsection | ||||||
| 24 | (a) shall be reviewed and updated, if necessary, at least once | ||||||
| 25 | every 3 years. | ||||||
| 26 | (f) The State Board shall post the anaphylactic policy | ||||||
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| 1 | established under subsection (a) and resources regarding | ||||||
| 2 | allergies and anaphylaxis on its website. | ||||||
| 3 | (g) The State Board may adopt any rules necessary to | ||||||
| 4 | implement this Section.
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| 5 | (105 ILCS 5/22-30)
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| 6 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
| 7 | medication and epinephrine injectors; administration of | ||||||
| 8 | undesignated epinephrine injectors; administration of an | ||||||
| 9 | opioid antagonist; administration of undesignated asthma | ||||||
| 10 | medication; asthma episode emergency response protocol.
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| 11 | (a) For the purpose of this Section only, the following | ||||||
| 12 | terms shall have the meanings set forth below:
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| 13 | "Asthma action plan" means a written plan developed with a | ||||||
| 14 | pupil's medical provider to help control the pupil's asthma. | ||||||
| 15 | The goal of an asthma action plan is to reduce or prevent | ||||||
| 16 | flare-ups and emergency department visits through day-to-day | ||||||
| 17 | management and to serve as a student-specific document to be | ||||||
| 18 | referenced in the event of an asthma episode. | ||||||
| 19 | "Asthma episode emergency response protocol" means a | ||||||
| 20 | procedure to provide assistance to a pupil experiencing | ||||||
| 21 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
| 22 | tightness, or breathing difficulty. | ||||||
| 23 | "Epinephrine injector" includes an auto-injector approved | ||||||
| 24 | by the United States Food and Drug Administration for the | ||||||
| 25 | administration of epinephrine and a pre-filled syringe | ||||||
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| 1 | approved by the United States Food and Drug Administration and | ||||||
| 2 | used for the administration of epinephrine that contains a | ||||||
| 3 | pre-measured dose of epinephrine that is equivalent to the | ||||||
| 4 | dosages used in an auto-injector. | ||||||
| 5 | "Asthma medication" means quick-relief asthma medication, | ||||||
| 6 | including albuterol or other short-acting bronchodilators, | ||||||
| 7 | that is approved by the United States Food and Drug | ||||||
| 8 | Administration for the treatment of respiratory distress. | ||||||
| 9 | "Asthma medication" includes medication delivered through a | ||||||
| 10 | device, including a metered dose inhaler with a reusable or | ||||||
| 11 | disposable spacer or a nebulizer with a mouthpiece or mask.
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| 12 | "Opioid antagonist" means a drug that binds to opioid | ||||||
| 13 | receptors and blocks or inhibits the effect of opioids acting | ||||||
| 14 | on those receptors, including, but not limited to, naloxone | ||||||
| 15 | hydrochloride or any other similarly acting drug approved by | ||||||
| 16 | the U.S. Food and Drug Administration. | ||||||
| 17 | "Respiratory distress" means the perceived or actual | ||||||
| 18 | presence of wheezing, coughing, shortness of breath, chest | ||||||
| 19 | tightness, breathing difficulty, or any other symptoms | ||||||
| 20 | consistent with asthma. Respiratory distress may be | ||||||
| 21 | categorized as "mild-to-moderate" or "severe". | ||||||
| 22 | "School nurse" means a registered nurse working in a | ||||||
| 23 | school with or without licensure endorsed in school nursing. | ||||||
| 24 | "Self-administration" means a pupil's discretionary use of | ||||||
| 25 | his or
her prescribed asthma medication or epinephrine | ||||||
| 26 | injector.
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| 1 | "Self-carry" means a pupil's ability to carry his or her | ||||||
| 2 | prescribed asthma medication or epinephrine injector. | ||||||
| 3 | "Standing protocol" may be issued by (i) a physician | ||||||
| 4 | licensed to practice medicine in all its branches, (ii) a | ||||||
| 5 | licensed physician assistant with prescriptive authority, or | ||||||
| 6 | (iii) a licensed advanced practice registered nurse with | ||||||
| 7 | prescriptive authority. | ||||||
| 8 | "Trained personnel" means any school employee or volunteer | ||||||
| 9 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
| 10 | 10-22.34b of this Code who has completed training under | ||||||
| 11 | subsection (g) of this Section to recognize and respond to | ||||||
| 12 | anaphylaxis, an opioid overdose, or respiratory distress. | ||||||
| 13 | "Undesignated asthma medication" means asthma medication | ||||||
| 14 | prescribed in the name of a school district, public school, | ||||||
| 15 | charter school, or nonpublic school. | ||||||
| 16 | "Undesignated epinephrine injector" means an epinephrine | ||||||
| 17 | injector prescribed in the name of a school district, public | ||||||
| 18 | school, charter school, or nonpublic school. | ||||||
| 19 | (b) A school, whether public, charter, or nonpublic, must | ||||||
| 20 | permit the
self-administration and self-carry of asthma
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| 21 | medication by a pupil with asthma or the self-administration | ||||||
| 22 | and self-carry of an epinephrine injector by a pupil, provided | ||||||
| 23 | that:
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| 24 | (1) the parents or
guardians of the pupil provide to | ||||||
| 25 | the school (i) written
authorization from the parents or | ||||||
| 26 | guardians for (A) the self-administration and self-carry | ||||||
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| 1 | of asthma medication or (B) the self-carry of asthma | ||||||
| 2 | medication or (ii) for (A) the self-administration and | ||||||
| 3 | self-carry of an epinephrine injector or (B) the | ||||||
| 4 | self-carry of an epinephrine injector, written | ||||||
| 5 | authorization from the pupil's physician, physician | ||||||
| 6 | assistant, or advanced practice registered nurse; and
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| 7 | (2) the
parents or guardians of the pupil provide to | ||||||
| 8 | the school (i) the prescription label, which must contain | ||||||
| 9 | the name of the asthma medication, the prescribed dosage, | ||||||
| 10 | and the time at which or circumstances under which the | ||||||
| 11 | asthma medication is to be administered, or (ii) for the | ||||||
| 12 | self-administration or self-carry of an epinephrine | ||||||
| 13 | injector, a
written
statement from the pupil's physician, | ||||||
| 14 | physician assistant, or advanced practice registered
nurse | ||||||
| 15 | containing
the following information:
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| 16 | (A) the name and purpose of the epinephrine | ||||||
| 17 | injector;
| ||||||
| 18 | (B) the prescribed dosage; and
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| 19 | (C) the time or times at which or the special | ||||||
| 20 | circumstances
under which the epinephrine injector is | ||||||
| 21 | to be administered.
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| 22 | The information provided shall be kept on file in the office of | ||||||
| 23 | the school
nurse or,
in the absence of a school nurse, the | ||||||
| 24 | school's administrator.
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| 25 | (b-5) A school district, public school, charter school, or | ||||||
| 26 | nonpublic school may authorize the provision of a | ||||||
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| 1 | student-specific or undesignated epinephrine injector to a | ||||||
| 2 | student or any personnel authorized under a student's | ||||||
| 3 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
| 4 | Emergency Action Plan and Treatment Authorization Form, or | ||||||
| 5 | plan pursuant to Section 504 of the federal Rehabilitation Act | ||||||
| 6 | of 1973 to administer an epinephrine injector to the student, | ||||||
| 7 | that meets the student's prescription on file. | ||||||
| 8 | (b-10) The school district, public school, charter school, | ||||||
| 9 | or nonpublic school may authorize a school nurse or trained | ||||||
| 10 | personnel to do the following: (i) provide an undesignated | ||||||
| 11 | epinephrine injector to a student for self-administration only | ||||||
| 12 | or any personnel authorized under a student's Individual | ||||||
| 13 | Health Care Action Plan, Illinois Food Allergy Emergency | ||||||
| 14 | Action Plan and Treatment Authorization Form, plan pursuant to | ||||||
| 15 | Section 504 of the federal Rehabilitation Act of 1973, or | ||||||
| 16 | individualized education program plan to administer to the | ||||||
| 17 | student that meets the student's prescription on file; (ii) | ||||||
| 18 | administer an undesignated epinephrine injector that meets the | ||||||
| 19 | prescription on file to any student who has an Individual | ||||||
| 20 | Health Care Action Plan, Illinois Food Allergy Emergency | ||||||
| 21 | Action Plan and Treatment Authorization Form, plan pursuant to | ||||||
| 22 | Section 504 of the federal Rehabilitation Act of 1973, or | ||||||
| 23 | individualized education program plan that authorizes the use | ||||||
| 24 | of an epinephrine injector; (iii) administer an undesignated | ||||||
| 25 | epinephrine injector to any person that the school nurse or | ||||||
| 26 | trained personnel in good faith believes is having an | ||||||
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| 1 | anaphylactic reaction; (iv) administer an opioid antagonist to | ||||||
| 2 | any person that the school nurse or trained personnel in good | ||||||
| 3 | faith believes is having an opioid overdose; (v) provide | ||||||
| 4 | undesignated asthma medication to a student for | ||||||
| 5 | self-administration only or to any personnel authorized under | ||||||
| 6 | a student's Individual Health Care Action Plan or asthma | ||||||
| 7 | action plan, plan pursuant to Section 504 of the federal | ||||||
| 8 | Rehabilitation Act of 1973, or individualized education | ||||||
| 9 | program plan to administer to the student that meets the | ||||||
| 10 | student's prescription on file; (vi) administer undesignated | ||||||
| 11 | asthma medication that meets the prescription on file to any | ||||||
| 12 | student who has an Individual Health Care Action Plan or | ||||||
| 13 | asthma action plan, plan pursuant to Section 504 of the | ||||||
| 14 | federal Rehabilitation Act of 1973, or individualized | ||||||
| 15 | education program plan that authorizes the use of asthma | ||||||
| 16 | medication; and (vii) administer undesignated asthma | ||||||
| 17 | medication to any person that the school nurse or trained | ||||||
| 18 | personnel believes in good faith is having respiratory | ||||||
| 19 | distress. | ||||||
| 20 | (c) The school district, public school, charter school, or | ||||||
| 21 | nonpublic school must inform the parents or
guardians of the
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| 22 | pupil, in writing, that the school district, public school, | ||||||
| 23 | charter school, or nonpublic school and its
employees and
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| 24 | agents, including a physician, physician assistant, or | ||||||
| 25 | advanced practice registered nurse providing standing protocol | ||||||
| 26 | and a prescription for school epinephrine injectors, an opioid | ||||||
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| 1 | antagonist, or undesignated asthma medication,
are to incur no | ||||||
| 2 | liability or professional discipline, except for willful and | ||||||
| 3 | wanton conduct, as a result
of any injury arising from the
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| 4 | administration of asthma medication, an epinephrine injector, | ||||||
| 5 | or an opioid antagonist regardless of whether authorization | ||||||
| 6 | was given by the pupil's parents or guardians or by the pupil's | ||||||
| 7 | physician, physician assistant, or advanced practice | ||||||
| 8 | registered nurse. The parents or guardians
of the pupil must | ||||||
| 9 | sign a statement acknowledging that the school district, | ||||||
| 10 | public school, charter school,
or nonpublic school and its | ||||||
| 11 | employees and agents are to incur no liability, except for | ||||||
| 12 | willful and wanton
conduct, as a result of any injury arising
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| 13 | from the
administration of asthma medication, an epinephrine | ||||||
| 14 | injector, or an opioid antagonist regardless of whether | ||||||
| 15 | authorization was given by the pupil's parents or guardians or | ||||||
| 16 | by the pupil's physician, physician assistant, or advanced | ||||||
| 17 | practice registered nurse and that the parents or
guardians | ||||||
| 18 | must indemnify and hold harmless the school district, public | ||||||
| 19 | school, charter school, or nonpublic
school and
its
employees | ||||||
| 20 | and agents against any claims, except a claim based on willful | ||||||
| 21 | and
wanton conduct, arising out of the
administration of | ||||||
| 22 | asthma medication, an epinephrine injector, or an opioid | ||||||
| 23 | antagonist regardless of whether authorization was given by | ||||||
| 24 | the pupil's parents or guardians or by the pupil's physician, | ||||||
| 25 | physician assistant, or advanced practice registered nurse. | ||||||
| 26 | (c-5) When a school nurse or trained personnel administers | ||||||
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| 1 | an undesignated epinephrine injector to a person whom the | ||||||
| 2 | school nurse or trained personnel in good faith believes is | ||||||
| 3 | having an anaphylactic reaction, administers an opioid | ||||||
| 4 | antagonist to a person whom the school nurse or trained | ||||||
| 5 | personnel in good faith believes is having an opioid overdose, | ||||||
| 6 | or administers undesignated asthma medication to a person whom | ||||||
| 7 | the school nurse or trained personnel in good faith believes | ||||||
| 8 | is having respiratory distress, notwithstanding the lack of | ||||||
| 9 | notice to the parents or guardians of the pupil or the absence | ||||||
| 10 | of the parents or guardians signed statement acknowledging no | ||||||
| 11 | liability, except for willful and wanton conduct, the school | ||||||
| 12 | district, public school, charter school, or nonpublic school | ||||||
| 13 | and its employees and agents, and a physician, a physician | ||||||
| 14 | assistant, or an advanced practice registered nurse providing | ||||||
| 15 | standing protocol and a prescription for undesignated | ||||||
| 16 | epinephrine injectors, an opioid antagonist, or undesignated | ||||||
| 17 | asthma medication, are to incur no liability or professional | ||||||
| 18 | discipline, except for willful and wanton conduct, as a result | ||||||
| 19 | of any injury arising from the use of an undesignated | ||||||
| 20 | epinephrine injector, the use of an opioid antagonist, or the | ||||||
| 21 | use of undesignated asthma medication, regardless of whether | ||||||
| 22 | authorization was given by the pupil's parents or guardians or | ||||||
| 23 | by the pupil's physician, physician assistant, or advanced | ||||||
| 24 | practice registered nurse.
| ||||||
| 25 | (d) The permission for self-administration and self-carry | ||||||
| 26 | of asthma medication or the self-administration and self-carry | ||||||
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| 1 | of an epinephrine injector is effective
for the school year | ||||||
| 2 | for which it is granted and shall be renewed each
subsequent | ||||||
| 3 | school year upon fulfillment of the requirements of this
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| 4 | Section.
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| 5 | (e) Provided that the requirements of this Section are | ||||||
| 6 | fulfilled, a
pupil with asthma may self-administer and | ||||||
| 7 | self-carry his or her asthma medication or a pupil may | ||||||
| 8 | self-administer and self-carry an epinephrine injector (i) | ||||||
| 9 | while in
school, (ii) while at a school-sponsored activity, | ||||||
| 10 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
| 11 | before or after normal school activities, such
as while in | ||||||
| 12 | before-school or after-school care on school-operated
property | ||||||
| 13 | or while being transported on a school bus.
| ||||||
| 14 | (e-5) Provided that the requirements of this Section are | ||||||
| 15 | fulfilled, a school nurse or trained personnel may administer | ||||||
| 16 | an undesignated epinephrine injector to any person whom the | ||||||
| 17 | school nurse or trained personnel in good faith believes to be | ||||||
| 18 | having an anaphylactic reaction (i) while in school, (ii) | ||||||
| 19 | while at a school-sponsored activity, (iii) while under the | ||||||
| 20 | supervision of school personnel, or (iv) before or after | ||||||
| 21 | normal school activities, such
as while in before-school or | ||||||
| 22 | after-school care on school-operated property or while being | ||||||
| 23 | transported on a school bus. A school nurse or trained | ||||||
| 24 | personnel may carry undesignated epinephrine injectors on his | ||||||
| 25 | or her person while in school or at a school-sponsored | ||||||
| 26 | activity. | ||||||
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| 1 | (e-10) Provided that the requirements of this Section are | ||||||
| 2 | fulfilled, a school nurse or trained personnel may administer | ||||||
| 3 | an opioid antagonist to any person whom the school nurse or | ||||||
| 4 | trained personnel in good faith believes to be having an | ||||||
| 5 | opioid overdose (i) while in school, (ii) while at a | ||||||
| 6 | school-sponsored activity, (iii) while under the supervision | ||||||
| 7 | of school personnel, or (iv) before or after normal school | ||||||
| 8 | activities, such as while in before-school or after-school | ||||||
| 9 | care on school-operated property. A school nurse or trained | ||||||
| 10 | personnel may carry an opioid antagonist on his or her person | ||||||
| 11 | while in school or at a school-sponsored activity. | ||||||
| 12 | (e-15) If the requirements of this Section are met, a | ||||||
| 13 | school nurse or trained personnel may administer undesignated | ||||||
| 14 | asthma medication to any person whom the school nurse or | ||||||
| 15 | trained personnel in good faith believes to be experiencing | ||||||
| 16 | respiratory distress (i) while in school, (ii) while at a | ||||||
| 17 | school-sponsored activity, (iii) while under the supervision | ||||||
| 18 | of school personnel, or (iv) before or after normal school | ||||||
| 19 | activities, including before-school or after-school care on | ||||||
| 20 | school-operated property. A school nurse or trained personnel | ||||||
| 21 | may carry undesignated asthma medication on his or her person | ||||||
| 22 | while in school or at a school-sponsored activity. | ||||||
| 23 | (f) The school district, public school, charter school, or | ||||||
| 24 | nonpublic school may maintain a supply of undesignated | ||||||
| 25 | epinephrine injectors in any secure location that is | ||||||
| 26 | accessible before, during, and after school where an allergic | ||||||
| |||||||
| |||||||
| 1 | person is most at risk, including, but not limited to, | ||||||
| 2 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
| 3 | who has prescriptive authority in accordance with Section 7.5 | ||||||
| 4 | of the Physician Assistant Practice Act of 1987, or an | ||||||
| 5 | advanced practice registered nurse who has prescriptive | ||||||
| 6 | authority in accordance with Section 65-40 of the Nurse | ||||||
| 7 | Practice Act may prescribe undesignated epinephrine injectors | ||||||
| 8 | in the name of the school district, public school, charter | ||||||
| 9 | school, or nonpublic school to be maintained for use when | ||||||
| 10 | necessary. Any supply of epinephrine injectors shall be | ||||||
| 11 | maintained in accordance with the manufacturer's instructions. | ||||||
| 12 | The school district, public school, charter school, or | ||||||
| 13 | nonpublic school may maintain a supply of an opioid antagonist | ||||||
| 14 | in any secure location where an individual may have an opioid | ||||||
| 15 | overdose. A health care professional who has been delegated | ||||||
| 16 | prescriptive authority for opioid antagonists in accordance | ||||||
| 17 | with Section 5-23 of the Substance Use Disorder Act may | ||||||
| 18 | prescribe opioid antagonists in the name of the school | ||||||
| 19 | district, public school, charter school, or nonpublic school, | ||||||
| 20 | to be maintained for use when necessary. Any supply of opioid | ||||||
| 21 | antagonists shall be maintained in accordance with the | ||||||
| 22 | manufacturer's instructions. | ||||||
| 23 | The school district, public school, charter school, or | ||||||
| 24 | nonpublic school may maintain a supply of asthma medication in | ||||||
| 25 | any secure location that is accessible before, during, or | ||||||
| 26 | after school where a person is most at risk, including, but not | ||||||
| |||||||
| |||||||
| 1 | limited to, a classroom or the nurse's office. A physician, a | ||||||
| 2 | physician assistant who has prescriptive authority under | ||||||
| 3 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
| 4 | or an advanced practice registered nurse who has prescriptive | ||||||
| 5 | authority under Section 65-40 of the Nurse Practice Act may | ||||||
| 6 | prescribe undesignated asthma medication in the name of the | ||||||
| 7 | school district, public school, charter school, or nonpublic | ||||||
| 8 | school to be maintained for use when necessary. Any supply of | ||||||
| 9 | undesignated asthma medication must be maintained in | ||||||
| 10 | accordance with the manufacturer's instructions. | ||||||
| 11 | (f-3) Whichever entity initiates the process of obtaining | ||||||
| 12 | undesignated epinephrine injectors and providing training to | ||||||
| 13 | personnel for carrying and administering undesignated | ||||||
| 14 | epinephrine injectors shall pay for the costs of the | ||||||
| 15 | undesignated epinephrine injectors. | ||||||
| 16 | (f-5) Upon any administration of an epinephrine injector, | ||||||
| 17 | a school district, public school, charter school, or nonpublic | ||||||
| 18 | school must immediately activate the EMS system and notify the | ||||||
| 19 | student's parent, guardian, or emergency contact, if known. | ||||||
| 20 | Upon any administration of an opioid antagonist, a school | ||||||
| 21 | district, public school, charter school, or nonpublic school | ||||||
| 22 | must immediately activate the EMS system and notify the | ||||||
| 23 | student's parent, guardian, or emergency contact, if known. | ||||||
| 24 | (f-10) Within 24 hours of the administration of an | ||||||
| 25 | undesignated epinephrine injector, a school district, public | ||||||
| 26 | school, charter school, or nonpublic school must notify the | ||||||
| |||||||
| |||||||
| 1 | physician, physician assistant, or advanced practice | ||||||
| 2 | registered nurse who provided the standing protocol and a | ||||||
| 3 | prescription for the undesignated epinephrine injector of its | ||||||
| 4 | use. | ||||||
| 5 | Within 24 hours after the administration of an opioid | ||||||
| 6 | antagonist, a school district, public school, charter school, | ||||||
| 7 | or nonpublic school must notify the health care professional | ||||||
| 8 | who provided the prescription for the opioid antagonist of its | ||||||
| 9 | use. | ||||||
| 10 | Within 24 hours after the administration of undesignated | ||||||
| 11 | asthma medication, a school district, public school, charter | ||||||
| 12 | school, or nonpublic school must notify the student's parent | ||||||
| 13 | or guardian or emergency contact, if known, and the physician, | ||||||
| 14 | physician assistant, or advanced practice registered nurse who | ||||||
| 15 | provided the standing protocol and a prescription for the | ||||||
| 16 | undesignated asthma medication of its use. The district or | ||||||
| 17 | school must follow up with the school nurse, if available, and | ||||||
| 18 | may, with the consent of the child's parent or guardian, | ||||||
| 19 | notify the child's health care provider of record, as | ||||||
| 20 | determined under this Section, of its use. | ||||||
| 21 | (g) Prior to the administration of an undesignated | ||||||
| 22 | epinephrine injector, trained personnel must submit to the | ||||||
| 23 | school's administration proof of completion of a training | ||||||
| 24 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
| 25 | the requirements of subsection (h) of this Section. Training | ||||||
| 26 | must be completed annually. The school district, public | ||||||
| |||||||
| |||||||
| 1 | school, charter school, or nonpublic school must maintain | ||||||
| 2 | records related to the training curriculum and trained | ||||||
| 3 | personnel. | ||||||
| 4 | Prior to the administration of an opioid antagonist, | ||||||
| 5 | trained personnel must submit to the school's administration | ||||||
| 6 | proof of completion of a training curriculum to recognize and | ||||||
| 7 | respond to an opioid overdose, which curriculum must meet the | ||||||
| 8 | requirements of subsection (h-5) of this Section. Training | ||||||
| 9 | must be completed annually. Trained personnel must also submit | ||||||
| 10 | to the school's administration proof of cardiopulmonary | ||||||
| 11 | resuscitation and automated external defibrillator | ||||||
| 12 | certification. The school district, public school, charter | ||||||
| 13 | school, or nonpublic school must maintain records relating to | ||||||
| 14 | the training curriculum and the trained personnel. | ||||||
| 15 | Prior to the administration of undesignated asthma | ||||||
| 16 | medication, trained personnel must submit to the school's | ||||||
| 17 | administration proof of completion of a training curriculum to | ||||||
| 18 | recognize and respond to respiratory distress, which must meet | ||||||
| 19 | the requirements of subsection (h-10) of this Section. | ||||||
| 20 | Training must be completed annually, and the school district, | ||||||
| 21 | public school, charter school, or nonpublic school must | ||||||
| 22 | maintain records relating to the training curriculum and the | ||||||
| 23 | trained personnel. | ||||||
| 24 | (h) A training curriculum to recognize and respond to | ||||||
| 25 | anaphylaxis, including the administration of an undesignated | ||||||
| 26 | epinephrine injector, may be conducted online or in person. | ||||||
| |||||||
| |||||||
| 1 | Training shall include, but is not limited to: | ||||||
| 2 | (1) how to recognize signs and symptoms of an allergic | ||||||
| 3 | reaction, including anaphylaxis; | ||||||
| 4 | (2) how to administer an epinephrine injector; and | ||||||
| 5 | (3) a test demonstrating competency of the knowledge | ||||||
| 6 | required to recognize anaphylaxis and administer an | ||||||
| 7 | epinephrine injector. | ||||||
| 8 | Training may also include, but is not limited to: | ||||||
| 9 | (A) a review of high-risk areas within a school and | ||||||
| 10 | its related facilities; | ||||||
| 11 | (B) steps to take to prevent exposure to allergens; | ||||||
| 12 | (C) emergency follow-up procedures, including the | ||||||
| 13 | importance of calling 9-1-1 or, if 9-1-1 is not available, | ||||||
| 14 | other local emergency medical services; | ||||||
| 15 | (D) how to respond to a student with a known allergy, | ||||||
| 16 | as well as a student with a previously unknown allergy; | ||||||
| 17 | and | ||||||
| 18 | (E) other criteria as determined in rules adopted | ||||||
| 19 | pursuant to this Section; and . | ||||||
| 20 | (F) any policy developed by the State Board of | ||||||
| 21 | Education under Section 2-3.182. | ||||||
| 22 | In consultation with statewide professional organizations | ||||||
| 23 | representing physicians licensed to practice medicine in all | ||||||
| 24 | of its branches, registered nurses, and school nurses, the | ||||||
| 25 | State Board of Education shall make available resource | ||||||
| 26 | materials consistent with criteria in this subsection (h) for | ||||||
| |||||||
| |||||||
| 1 | educating trained personnel to recognize and respond to | ||||||
| 2 | anaphylaxis. The State Board may take into consideration the | ||||||
| 3 | curriculum on this subject developed by other states, as well | ||||||
| 4 | as any other curricular materials suggested by medical experts | ||||||
| 5 | and other groups that work on life-threatening allergy issues. | ||||||
| 6 | The State Board is not required to create new resource | ||||||
| 7 | materials. The State Board shall make these resource materials | ||||||
| 8 | available on its Internet website. | ||||||
| 9 | (h-5) A training curriculum to recognize and respond to an | ||||||
| 10 | opioid overdose, including the administration of an opioid | ||||||
| 11 | antagonist, may be conducted online or in person. The training | ||||||
| 12 | must comply with any training requirements under Section 5-23 | ||||||
| 13 | of the Substance Use Disorder Act and the corresponding rules. | ||||||
| 14 | It must include, but is not limited to: | ||||||
| 15 | (1) how to recognize symptoms of an opioid overdose; | ||||||
| 16 | (2) information on drug overdose prevention and | ||||||
| 17 | recognition; | ||||||
| 18 | (3) how to perform rescue breathing and resuscitation; | ||||||
| 19 | (4) how to respond to an emergency involving an opioid | ||||||
| 20 | overdose; | ||||||
| 21 | (5) opioid antagonist dosage and administration; | ||||||
| 22 | (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
| 23 | not available, other local emergency medical services; | ||||||
| 24 | (7) care for the overdose victim after administration | ||||||
| 25 | of the overdose antagonist; | ||||||
| 26 | (8) a test demonstrating competency of the knowledge | ||||||
| |||||||
| |||||||
| 1 | required to recognize an opioid overdose and administer a | ||||||
| 2 | dose of an opioid antagonist; and | ||||||
| 3 | (9) other criteria as determined in rules adopted | ||||||
| 4 | pursuant to this Section. | ||||||
| 5 | (h-10) A training curriculum to recognize and respond to | ||||||
| 6 | respiratory distress, including the administration of | ||||||
| 7 | undesignated asthma medication, may be conducted online or in | ||||||
| 8 | person. The training must include, but is not limited to: | ||||||
| 9 | (1) how to recognize symptoms of respiratory distress | ||||||
| 10 | and how to distinguish respiratory distress from | ||||||
| 11 | anaphylaxis; | ||||||
| 12 | (2) how to respond to an emergency involving | ||||||
| 13 | respiratory distress; | ||||||
| 14 | (3) asthma medication dosage and administration; | ||||||
| 15 | (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
| 16 | not available, other local emergency medical services; | ||||||
| 17 | (5) a test demonstrating competency of the knowledge | ||||||
| 18 | required to recognize respiratory distress and administer | ||||||
| 19 | asthma medication; and | ||||||
| 20 | (6) other criteria as determined in rules adopted | ||||||
| 21 | under this Section. | ||||||
| 22 | (i) Within 3 days after the administration of an | ||||||
| 23 | undesignated epinephrine injector 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 in a form and manner prescribed by the State Board | ||||||
| |||||||
| |||||||
| 1 | the following information: | ||||||
| 2 | (1) age and type of person receiving epinephrine | ||||||
| 3 | (student, staff, visitor); | ||||||
| 4 | (2) any previously known diagnosis of a severe | ||||||
| 5 | allergy; | ||||||
| 6 | (3) trigger that precipitated allergic episode; | ||||||
| 7 | (4) location where symptoms developed; | ||||||
| 8 | (5) number of doses administered; | ||||||
| 9 | (6) type of person administering epinephrine (school | ||||||
| 10 | nurse, trained personnel, student); and | ||||||
| 11 | (7) any other information required by the State Board. | ||||||
| 12 | If a school district, public school, charter school, or | ||||||
| 13 | nonpublic school maintains or has an independent contractor | ||||||
| 14 | providing transportation to students who maintains a supply of | ||||||
| 15 | undesignated epinephrine injectors, then the school district, | ||||||
| 16 | public school, charter school, or nonpublic school must report | ||||||
| 17 | that information to the State Board of Education upon adoption | ||||||
| 18 | or change of the policy of the school district, public school, | ||||||
| 19 | charter school, nonpublic school, or independent contractor, | ||||||
| 20 | in a manner as prescribed by the State Board. The report must | ||||||
| 21 | include the number of undesignated epinephrine injectors in | ||||||
| 22 | supply. | ||||||
| 23 | (i-5) Within 3 days after the administration of an opioid | ||||||
| 24 | antagonist by a school nurse or trained personnel, the school | ||||||
| 25 | must report to the State Board of Education, in a form and | ||||||
| 26 | manner prescribed by the State Board, the following | ||||||
| |||||||
| |||||||
| 1 | information: | ||||||
| 2 | (1) the age and type of person receiving the opioid | ||||||
| 3 | antagonist (student, staff, or visitor); | ||||||
| 4 | (2) the location where symptoms developed; | ||||||
| 5 | (3) the type of person administering the opioid | ||||||
| 6 | antagonist (school nurse or trained personnel); and | ||||||
| 7 | (4) any other information required by the State Board. | ||||||
| 8 | (i-10) Within 3 days after the administration of | ||||||
| 9 | undesignated asthma medication by a school nurse, trained | ||||||
| 10 | personnel, or a student at a school or school-sponsored | ||||||
| 11 | activity, the school must report to the State Board of | ||||||
| 12 | Education, on a form and in a manner prescribed by the State | ||||||
| 13 | Board of Education, the following information: | ||||||
| 14 | (1) the age and type of person receiving the asthma | ||||||
| 15 | medication (student, staff, or visitor); | ||||||
| 16 | (2) any previously known diagnosis of asthma for the | ||||||
| 17 | person; | ||||||
| 18 | (3) the trigger that precipitated respiratory | ||||||
| 19 | distress, if identifiable; | ||||||
| 20 | (4) the location of where the symptoms developed; | ||||||
| 21 | (5) the number of doses administered; | ||||||
| 22 | (6) the type of person administering the asthma | ||||||
| 23 | medication (school nurse, trained personnel, or student); | ||||||
| 24 | (7) the outcome of the asthma medication | ||||||
| 25 | administration; and | ||||||
| 26 | (8)
any other information required by the State Board. | ||||||
| |||||||
| |||||||
| 1 | (j) By October 1, 2015 and every year thereafter, the | ||||||
| 2 | State Board of Education shall submit a report to the General | ||||||
| 3 | Assembly identifying the frequency and circumstances of | ||||||
| 4 | undesignated epinephrine and undesignated asthma medication | ||||||
| 5 | administration during the preceding academic year. Beginning | ||||||
| 6 | with the 2017 report, the report shall also contain | ||||||
| 7 | information on which school districts, public schools, charter | ||||||
| 8 | schools, and nonpublic schools maintain or have independent | ||||||
| 9 | contractors providing transportation to students who maintain | ||||||
| 10 | a supply of undesignated epinephrine injectors. This report | ||||||
| 11 | shall be published on the State Board's Internet website on | ||||||
| 12 | the date the report is delivered to the General Assembly. | ||||||
| 13 | (j-5) Annually, each school district, public school, | ||||||
| 14 | charter school, or nonpublic school shall request an asthma | ||||||
| 15 | action plan from the parents or guardians of a pupil with | ||||||
| 16 | asthma. If provided, the asthma action plan must be kept on | ||||||
| 17 | file in the office of the school nurse or, in the absence of a | ||||||
| 18 | school nurse, the school administrator. Copies of the asthma | ||||||
| 19 | action plan may be distributed to appropriate school staff who | ||||||
| 20 | interact with the pupil on a regular basis, and, if | ||||||
| 21 | applicable, may be attached to the pupil's federal Section 504 | ||||||
| 22 | plan or individualized education program plan. | ||||||
| 23 | (j-10) To assist schools with emergency response | ||||||
| 24 | procedures for asthma, the State Board of Education, in | ||||||
| 25 | consultation with statewide professional organizations with | ||||||
| 26 | expertise in asthma management and a statewide organization | ||||||
| |||||||
| |||||||
| 1 | representing school administrators, shall develop a model | ||||||
| 2 | asthma episode emergency response protocol before September 1, | ||||||
| 3 | 2016. Each school district, charter school, and nonpublic | ||||||
| 4 | school shall adopt an asthma episode emergency response | ||||||
| 5 | protocol before January 1, 2017 that includes all of the | ||||||
| 6 | components of the State Board's model protocol. | ||||||
| 7 | (j-15) Every 2 years, school personnel who work with | ||||||
| 8 | pupils shall complete an in-person or online training program | ||||||
| 9 | on the management of asthma, the prevention of asthma | ||||||
| 10 | symptoms, and emergency response in the school setting. In | ||||||
| 11 | consultation with statewide professional organizations with | ||||||
| 12 | expertise in asthma management, the State Board of Education | ||||||
| 13 | shall make available resource materials for educating school | ||||||
| 14 | personnel about asthma and emergency response in the school | ||||||
| 15 | 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 | ||||||
| |||||||
| |||||||
| 1 | epinephrine injectors that any type of school or student may | ||||||
| 2 | carry or maintain a supply of. | ||||||
| 3 | (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; | ||||||
| 4 | 100-726, eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff. | ||||||
| 5 | 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 6 | (105 ILCS 5/2-3.149 rep.) | ||||||
| 7 | Section 10. The School Code is amended by repealing | ||||||
| 8 | Section 2-3.149.
| ||||||
| 9 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 10 | 2021.".
| ||||||
