Bill Amendment: IL HB2949 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE COMPTROLLER-STATE FAIR

Status: 2023-08-04 - Public Act . . . . . . . . . 103-0438 [HB2949 Detail]

Download: Illinois-2023-HB2949-Senate_Amendment_001.html

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Sen. Laura M. Murphy

Filed: 5/24/2023

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AMENDMENT TO HOUSE BILL 2949
AMENDMENT NO. ______. Amend House Bill 2949 by replacing
everything after the enacting clause with the following:
"Section 5. The Asthma Inhalers at Recreational Camps Act
is amended by changing Sections 1, 5, and 10 as follows:
(410 ILCS 607/1)
Sec. 1. Short title. This Act may be cited as the Emergency
Asthma Inhalers and Allergy Treatment for Children at
Recreational Camps Act.
(Source: P.A. 94-670, eff. 8-23-05.)
(410 ILCS 607/5)
Sec. 5. Definitions. In this Act:
"After-school care program" means an after-school care
program operated by a park district or any nonprofit entity.
"Recreational camp" means any place set apart for

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recreational purposes for boys and girls. "Recreational camp"
shall not apply to private camps owned or leased for
individual or family use, or to any camp operated for a period
of less than 10 days in a year.
(Source: P.A. 94-670, eff. 8-23-05.)
(410 ILCS 607/10)
Sec. 10. Possession, self-administration, and use of
epinephrine auto-injectors or inhalers at recreation camps and
after-school care programs.
(a) A recreation camp or an after-school care program
shall permit a child with severe, potentially life-threatening
allergies to possess, self-administer, and use an epinephrine
auto-injector or inhaler, if the following conditions are
satisfied:
(1) The child has the written approval of his or her
parent or guardian.
(2) The recreational camp or after-school care program
administrator or, if a nurse is assigned to the camp or
program, the nurse shall receive copies of the written
approvals required under paragraph (1) of subsection (a)
of this Section.
(3) The child's parent or guardian shall submit
written verification confirming that the child has the
knowledge and skills to safely possess, self-administer,
and use an epinephrine auto-injector or inhaler in a camp

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or an after-school care program setting.
(b) The child's parent or guardian shall provide the camp
or program with the following information:
(1) the child's name;
(2) the name, route, and dosage of medication;
(3) the frequency and time of medication
administration or assistance;
(4) the date of the order;
(5) a diagnosis and any other medical conditions
requiring medications, if not a violation of
confidentiality or if not contrary to the request of the
parent or guardian to keep confidential;
(6) specific recommendations for administration;
(7) any special side effects, contraindications, and
adverse reactions to be observed;
(8) the name of each required medication; and
(9) any severe adverse reactions that may occur to
another child, for whom the epinephrine auto-injector or
inhaler is not prescribed, should the other child receive
a dose of the medication.
(c) If the conditions of this Act are satisfied, the child
may possess, self-administer, and use an epinephrine
auto-injector or inhaler at the camp or after-school care
program or at any camp-sponsored or program-sponsored
activity, event, or program.
(d) The recreational camp or after-school care program

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must inform the parents or guardians of the child, in writing,
that the recreational camp or after-school care program and
its employees and agents are to incur no liability, as
applicable, except for willful and wanton conduct, as a result
of any injury arising from the self-administration of
medication to the child. The parents or guardians of the child
must sign a statement acknowledging that the recreational camp
or after-school care program is to incur no liability, except
for willful and wanton conduct, as a result of any injury
arising from the self-administration of medication by the
child and that the parents or guardians must indemnify and
hold harmless the recreational camp or after-school care
program and its employees and agents, as applicable, against
any claims, except a claim based on willful and wanton
conduct, arising out of the self-administration of medication
by the child.
(e) After-school care program personnel who have completed
an anaphylaxis training program as identified under the
Epinephrine Injector Act may administer an undesignated
epinephrine injection to any child if the after-school care
program personnel believe in good faith that the child is
having an anaphylactic reaction while in the after-school care
program. After-school care program personnel may carry
undesignated epinephrine injectors on their person while in
the after-school care program.
(f) After-school care program personnel may administer

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undesignated asthma medication to any child if the
after-school care program personnel believe in good faith that
the child is experiencing respiratory distress while in the
after-school care program. After-school care program personnel
may carry undesignated asthma medication on their person while
in the after-school care program.
(g) If after-school care program personnel are to
administer an undesignated epinephrine injection or an
undesignated asthma medication to a child, the after-school
care program personnel must inform the parents or guardians of
the child, in writing, that the after-school care program and
its employees and agents, acting in accordance with standard
protocols and the prescription for the injection or
medication, shall incur no liability, except for willful and
wanton conduct, as a result of any injury arising from the
administration of the injection or medication, notwithstanding
whether authorization was given by the child's parents or
guardians or by the child's physician, physician assistant, or
advanced practice registered nurse. A parent or guardian of
the child must sign a statement acknowledging that the
after-school care program and its employees and agents are to
incur no liability, except for willful and wanton conduct, as
a result of any injury arising from the administration of the
medication or injection, regardless of whether authorization
was given by a parent or guardian of the child or by the
child's physician, physician assistant, or advanced practice

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registered nurse, and that the parent or guardian must also
indemnify and hold harmless the after-school care program and
its employees and agents against any claims, except a claim
based on willful and wanton conduct, arising out of the
administration of the medication or injection, regardless of
whether authorization was given by the child's parent or
guardian or by the child's physician, physician assistant, or
advanced practice registered nurse.
(h) If after-school care program personnel administer an
undesignated epinephrine injection to a person and the
after-school care program personnel believe in good faith the
person is having an anaphylactic reaction or administer
undesignated asthma medication to a person and believe in good
faith the person is experiencing respiratory distress, then
the after-school care program and its employees and agents,
acting in accordance with standard protocols and the
prescription for the injection or medication, shall not incur
any liability or be subject to professional discipline, except
for willful and wanton conduct, as a result of any injury
arising from the use of the injection or medication,
notwithstanding whether notice was given to or authorization
was given by the child's parent or guardian or by the child's
physician, physician assistant, or advanced practice
registered nurse and notwithstanding the absence of the
parent's or guardian's signed statement acknowledging release
from liability.

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(i) The changes made to this Section by this amendatory
Act of the 103rd General Assembly apply to actions filed on or
after the effective date of this amendatory Act of the 103rd
General Assembly.
(Source: P.A. 94-670, eff. 8-23-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.".