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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3428 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED:
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Amends the General Provisions Article of the School Code. Provides that a school district, public school, charter school, or nonpublic school shall (instead of may) maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. Makes a conforming change.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
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| | A BILL FOR |
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| | HB3428 | | LRB103 29807 RJT 56214 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 22-30 as follows:
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6 | | (105 ILCS 5/22-30)
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7 | | Sec. 22-30. Self-administration and self-carry of asthma |
8 | | medication and epinephrine injectors; administration of |
9 | | undesignated epinephrine injectors; administration of an |
10 | | opioid antagonist; administration of undesignated asthma |
11 | | medication; asthma episode emergency response protocol.
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12 | | (a) For the purpose of this Section only, the following |
13 | | terms shall have the meanings set forth below:
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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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| | HB3428 | - 2 - | LRB103 29807 RJT 56214 b |
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1 | | "Epinephrine injector" includes an auto-injector approved |
2 | | by the United States Food and Drug Administration for the |
3 | | administration of epinephrine and a pre-filled syringe |
4 | | approved by the United States Food and Drug Administration and |
5 | | used for the administration of epinephrine that contains a |
6 | | pre-measured dose of epinephrine that is equivalent to the |
7 | | dosages used in an auto-injector. |
8 | | "Asthma medication" means quick-relief asthma medication, |
9 | | including albuterol or other short-acting bronchodilators, |
10 | | that is approved by the United States Food and Drug |
11 | | Administration for the treatment of respiratory distress. |
12 | | "Asthma medication" includes medication delivered through a |
13 | | device, including a metered dose inhaler with a reusable or |
14 | | disposable spacer or a nebulizer with a mouthpiece or mask.
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15 | | "Opioid antagonist" means a drug that binds to opioid |
16 | | receptors and blocks or inhibits the effect of opioids acting |
17 | | on those receptors, including, but not limited to, naloxone |
18 | | hydrochloride or any other similarly acting drug approved by |
19 | | the U.S. Food and Drug Administration. |
20 | | "Respiratory distress" means the perceived or actual |
21 | | presence of wheezing, coughing, shortness of breath, chest |
22 | | tightness, breathing difficulty, or any other symptoms |
23 | | consistent with asthma. Respiratory distress may be |
24 | | categorized as "mild-to-moderate" or "severe". |
25 | | "School nurse" means a registered nurse working in a |
26 | | school with or without licensure endorsed in school nursing. |
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| | HB3428 | - 3 - | LRB103 29807 RJT 56214 b |
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1 | | "Self-administration" means a pupil's discretionary use of |
2 | | his or
her prescribed asthma medication or epinephrine |
3 | | injector.
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4 | | "Self-carry" means a pupil's ability to carry his or her |
5 | | prescribed asthma medication or epinephrine 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, an opioid overdose, or respiratory distress. |
16 | | "Undesignated asthma medication" means asthma medication |
17 | | prescribed in the name of a school district, public school, |
18 | | charter school, or nonpublic school. |
19 | | "Undesignated epinephrine injector" means an epinephrine |
20 | | injector prescribed in the name of a school district, public |
21 | | school, charter school, or nonpublic school. |
22 | | (b) A school, whether public, charter, or nonpublic, must |
23 | | permit the
self-administration and self-carry of asthma
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24 | | medication by a pupil with asthma or the self-administration |
25 | | and self-carry of an epinephrine injector by a pupil, provided |
26 | | that:
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| | HB3428 | - 4 - | LRB103 29807 RJT 56214 b |
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1 | | (1) the parents or
guardians of the pupil provide to |
2 | | the school (i) written
authorization from the parents or |
3 | | guardians for (A) the self-administration and self-carry |
4 | | of asthma medication or (B) the self-carry of asthma |
5 | | medication or (ii) for (A) the self-administration and |
6 | | self-carry of an epinephrine injector or (B) the |
7 | | self-carry of an epinephrine injector, written |
8 | | authorization from the pupil's physician, physician |
9 | | assistant, or advanced practice registered nurse; and
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10 | | (2) the
parents or guardians of the pupil provide to |
11 | | the school (i) the prescription label, which must contain |
12 | | the name of the asthma medication, the prescribed dosage, |
13 | | and the time at which or circumstances under which the |
14 | | asthma medication is to be administered, or (ii) for the |
15 | | self-administration or self-carry of an epinephrine |
16 | | injector, a
written
statement from the pupil's physician, |
17 | | physician assistant, or advanced practice registered
nurse |
18 | | containing
the following information:
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19 | | (A) the name and purpose of the epinephrine |
20 | | injector;
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21 | | (B) the prescribed dosage; and
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22 | | (C) the time or times at which or the special |
23 | | circumstances
under which the epinephrine injector is |
24 | | to be administered.
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25 | | The information provided shall be kept on file in the office of |
26 | | the school
nurse or,
in the absence of a school nurse, the |
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| | HB3428 | - 5 - | LRB103 29807 RJT 56214 b |
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1 | | school's administrator.
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2 | | (b-5) A school district, public school, charter school, or |
3 | | nonpublic school may authorize the provision of a |
4 | | student-specific or undesignated epinephrine injector to a |
5 | | student or any personnel authorized under a student's |
6 | | Individual Health Care Action Plan, Illinois Food Allergy |
7 | | Emergency Action Plan and Treatment Authorization Form, or |
8 | | plan pursuant to Section 504 of the federal Rehabilitation Act |
9 | | of 1973 to administer an epinephrine injector to the student, |
10 | | that meets the student's prescription on file. |
11 | | (b-10) The school district, public school, charter school, |
12 | | or nonpublic school may authorize a school nurse or trained |
13 | | personnel to do the following: (i) provide an undesignated |
14 | | epinephrine injector to a student for self-administration only |
15 | | or any personnel authorized under a student's Individual |
16 | | Health Care Action Plan, Illinois Food Allergy Emergency |
17 | | Action Plan and Treatment Authorization Form, plan pursuant to |
18 | | Section 504 of the federal Rehabilitation Act of 1973, or |
19 | | individualized education program plan to administer to the |
20 | | student that meets the student's prescription on file; (ii) |
21 | | administer an undesignated epinephrine injector that meets the |
22 | | prescription on file to any student who has an Individual |
23 | | Health Care Action Plan, Illinois Food Allergy Emergency |
24 | | Action Plan and Treatment Authorization Form, plan pursuant to |
25 | | Section 504 of the federal Rehabilitation Act of 1973, or |
26 | | individualized education program plan that authorizes the use |
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1 | | of an epinephrine injector; (iii) administer an undesignated |
2 | | epinephrine injector to any person that the school nurse or |
3 | | trained personnel in good faith believes is having an |
4 | | anaphylactic reaction; (iv) administer an opioid antagonist to |
5 | | any person that the school nurse or trained personnel in good |
6 | | faith believes is having an opioid overdose; (v) provide |
7 | | undesignated asthma medication to a student for |
8 | | self-administration only or to any personnel authorized under |
9 | | a student's Individual Health Care Action Plan or asthma |
10 | | action plan, plan pursuant to Section 504 of the federal |
11 | | Rehabilitation Act of 1973, or individualized education |
12 | | program plan to administer to the student that meets the |
13 | | student's prescription on file; (vi) administer undesignated |
14 | | asthma medication that meets the prescription on file to any |
15 | | student who has an Individual Health Care Action Plan or |
16 | | asthma action plan, plan pursuant to Section 504 of the |
17 | | federal Rehabilitation Act of 1973, or individualized |
18 | | education program plan that authorizes the use of asthma |
19 | | medication; and (vii) administer undesignated asthma |
20 | | medication to any person that the school nurse or trained |
21 | | personnel believes in good faith is having respiratory |
22 | | distress. |
23 | | (c) The school district, public school, charter school, or |
24 | | nonpublic school must inform the parents or
guardians of the
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25 | | pupil, in writing, that the school district, public school, |
26 | | charter school, or nonpublic school and its
employees and
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1 | | agents, including a physician, physician assistant, or |
2 | | advanced practice registered nurse providing standing protocol |
3 | | and a prescription for school epinephrine injectors, an opioid |
4 | | antagonist, or undesignated asthma medication,
are to incur no |
5 | | liability or professional discipline, except for willful and |
6 | | wanton conduct, as a result
of any injury arising from the
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7 | | administration of asthma medication, an epinephrine injector, |
8 | | or an opioid antagonist regardless of whether authorization |
9 | | was given by the pupil's parents or guardians or by the pupil's |
10 | | physician, physician assistant, or advanced practice |
11 | | registered nurse. The parents or guardians
of the pupil must |
12 | | sign a statement acknowledging that the school district, |
13 | | public school, charter school,
or nonpublic school and its |
14 | | employees and agents are to incur no liability, except for |
15 | | willful and wanton
conduct, as a result of any injury arising
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16 | | from the
administration of asthma medication, an epinephrine |
17 | | injector, or an opioid antagonist regardless of whether |
18 | | authorization was given by the pupil's parents or guardians or |
19 | | by the pupil's physician, physician assistant, or advanced |
20 | | practice registered nurse and that the parents or
guardians |
21 | | must indemnify and hold harmless the school district, public |
22 | | school, charter school, or nonpublic
school and
its
employees |
23 | | and agents against any claims, except a claim based on willful |
24 | | and
wanton conduct, arising out of the
administration of |
25 | | asthma medication, an epinephrine injector, or an opioid |
26 | | antagonist regardless of whether authorization was given by |
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| | HB3428 | - 8 - | LRB103 29807 RJT 56214 b |
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1 | | the pupil's parents or guardians or by the pupil's physician, |
2 | | physician assistant, or advanced practice registered nurse. |
3 | | (c-5) When a school nurse or trained personnel administers |
4 | | an undesignated epinephrine injector to a person whom the |
5 | | school nurse or trained personnel in good faith believes is |
6 | | having an anaphylactic reaction, administers an opioid |
7 | | antagonist to a person whom the school nurse or trained |
8 | | personnel in good faith believes is having an opioid overdose, |
9 | | or administers undesignated asthma medication to a person whom |
10 | | the school nurse or trained personnel in good faith believes |
11 | | is having respiratory distress, notwithstanding the lack of |
12 | | notice to the parents or guardians of the pupil or the absence |
13 | | of the parents or guardians signed statement acknowledging no |
14 | | liability, except for willful and wanton conduct, the school |
15 | | district, public school, charter school, or nonpublic school |
16 | | and its employees and agents, and a physician, a physician |
17 | | assistant, or an advanced practice registered nurse providing |
18 | | standing protocol and a prescription for undesignated |
19 | | epinephrine injectors, an opioid antagonist, or undesignated |
20 | | asthma medication, are to incur no liability or professional |
21 | | discipline, except for willful and wanton conduct, as a result |
22 | | of any injury arising from the use of an undesignated |
23 | | epinephrine injector, the use of an opioid antagonist, or the |
24 | | use of undesignated asthma medication, regardless of whether |
25 | | authorization was given by the pupil's parents or guardians or |
26 | | by the pupil's physician, physician assistant, or advanced |
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| | HB3428 | - 9 - | LRB103 29807 RJT 56214 b |
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1 | | practice registered nurse.
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2 | | (d) The permission for self-administration and self-carry |
3 | | of asthma medication or the self-administration and self-carry |
4 | | of an epinephrine injector is effective
for the school year |
5 | | for which it is granted and shall be renewed each
subsequent |
6 | | school year upon fulfillment of the requirements of this
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7 | | Section.
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8 | | (e) Provided that the requirements of this Section are |
9 | | fulfilled, a
pupil with asthma may self-administer and |
10 | | self-carry his or her asthma medication or a pupil may |
11 | | self-administer and self-carry an epinephrine injector (i) |
12 | | while in
school, (ii) while at a school-sponsored activity, |
13 | | (iii) while under the
supervision of
school personnel, or (iv) |
14 | | before or after normal school activities, such
as while in |
15 | | before-school or after-school care on school-operated
property |
16 | | or while being transported on a school bus.
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17 | | (e-5) Provided that the requirements of this Section are |
18 | | fulfilled, a school nurse or trained personnel may administer |
19 | | an undesignated epinephrine injector to any person whom the |
20 | | school nurse or trained personnel in good faith believes to be |
21 | | having an anaphylactic reaction (i) while in school, (ii) |
22 | | while at a school-sponsored activity, (iii) while under the |
23 | | supervision of school personnel, or (iv) before or after |
24 | | normal school activities, such
as while in before-school or |
25 | | after-school care on school-operated property or while being |
26 | | transported on a school bus. A school nurse or trained |
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1 | | personnel may carry undesignated epinephrine injectors on his |
2 | | or her person while in school or at a school-sponsored |
3 | | activity. |
4 | | (e-10) Provided that the requirements of this Section are |
5 | | fulfilled, a school nurse or trained personnel may administer |
6 | | an opioid antagonist to any person whom the school nurse or |
7 | | trained personnel in good faith believes to be having an |
8 | | opioid overdose (i) while in school, (ii) while at a |
9 | | school-sponsored activity, (iii) while under the supervision |
10 | | of school personnel, or (iv) before or after normal school |
11 | | activities, such as while in before-school or after-school |
12 | | care on school-operated property. A school nurse or trained |
13 | | personnel may carry an opioid antagonist on his or her person |
14 | | while in school or at a school-sponsored activity. |
15 | | (e-15) If the requirements of this Section are met, a |
16 | | school nurse or trained personnel may administer undesignated |
17 | | asthma medication to any person whom the school nurse or |
18 | | trained personnel in good faith believes to be experiencing |
19 | | respiratory distress (i) while in school, (ii) while at a |
20 | | school-sponsored activity, (iii) while under the supervision |
21 | | of school personnel, or (iv) before or after normal school |
22 | | activities, including before-school or after-school care on |
23 | | school-operated property. A school nurse or trained personnel |
24 | | may carry undesignated asthma medication on his or her person |
25 | | while in school or at a school-sponsored activity. |
26 | | (f) The school district, public school, charter school, or |
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1 | | nonpublic school may maintain a supply of undesignated |
2 | | epinephrine injectors in any secure location that is |
3 | | accessible before, during, and after school where an allergic |
4 | | person is most at risk, including, but not limited to, |
5 | | classrooms and lunchrooms. A physician, a physician assistant |
6 | | who has prescriptive authority in accordance with Section 7.5 |
7 | | of the Physician Assistant Practice Act of 1987, or an |
8 | | advanced practice registered nurse who has prescriptive |
9 | | authority in accordance with Section 65-40 of the Nurse |
10 | | Practice Act may prescribe undesignated epinephrine injectors |
11 | | in the name of the school district, public school, charter |
12 | | school, or nonpublic school to be maintained for use when |
13 | | necessary. Any supply of epinephrine injectors shall be |
14 | | maintained in accordance with the manufacturer's instructions. |
15 | | The school district, public school, charter school, or |
16 | | nonpublic school shall may maintain a supply of an opioid |
17 | | antagonist in any secure location where an individual may have |
18 | | an opioid overdose. A health care professional who has been |
19 | | delegated prescriptive authority for opioid antagonists in |
20 | | accordance with Section 5-23 of the Substance Use Disorder Act |
21 | | shall may prescribe opioid antagonists in the name of the |
22 | | school district, public school, charter school, or nonpublic |
23 | | school, to be maintained for use when necessary. Any supply of |
24 | | opioid antagonists shall be maintained in accordance with the |
25 | | manufacturer's instructions. |
26 | | The school district, public school, charter school, or |
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1 | | nonpublic school may maintain a supply of asthma medication in |
2 | | any secure location that is accessible before, during, or |
3 | | after school where a person is most at risk, including, but not |
4 | | limited to, a classroom or the nurse's office. A physician, a |
5 | | physician assistant who has prescriptive authority under |
6 | | Section 7.5 of the Physician Assistant Practice Act of 1987, |
7 | | or an advanced practice registered nurse who has prescriptive |
8 | | authority under Section 65-40 of the Nurse Practice Act may |
9 | | prescribe undesignated asthma medication in the name of the |
10 | | school district, public school, charter school, or nonpublic |
11 | | school to be maintained for use when necessary. Any supply of |
12 | | undesignated asthma medication must be maintained in |
13 | | accordance with the manufacturer's instructions. |
14 | | (f-3) Whichever entity initiates the process of obtaining |
15 | | undesignated epinephrine injectors and providing training to |
16 | | personnel for carrying and administering undesignated |
17 | | epinephrine injectors shall pay for the costs of the |
18 | | undesignated epinephrine injectors. |
19 | | (f-5) Upon any administration of an epinephrine injector, |
20 | | a school district, public school, charter school, or nonpublic |
21 | | school must immediately activate the EMS system and notify the |
22 | | student's parent, guardian, or emergency contact, if known. |
23 | | Upon any administration of an opioid antagonist, a school |
24 | | district, public school, charter school, or nonpublic school |
25 | | must immediately activate the EMS system and notify the |
26 | | student's parent, guardian, or emergency contact, if known. |
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1 | | (f-10) Within 24 hours of the administration of an |
2 | | undesignated epinephrine injector, a school district, public |
3 | | school, charter school, or nonpublic school must notify the |
4 | | physician, physician assistant, or advanced practice |
5 | | registered nurse who provided the standing protocol and a |
6 | | prescription for the undesignated epinephrine injector of its |
7 | | use. |
8 | | Within 24 hours after the administration of an opioid |
9 | | antagonist, a school district, public school, charter school, |
10 | | or nonpublic school must notify the health care professional |
11 | | who provided the prescription for the opioid antagonist of its |
12 | | use. |
13 | | Within 24 hours after the administration of undesignated |
14 | | asthma medication, a school district, public school, charter |
15 | | school, or nonpublic school must notify the student's parent |
16 | | or guardian or emergency contact, if known, and the physician, |
17 | | physician assistant, or advanced practice registered nurse who |
18 | | provided the standing protocol and a prescription for the |
19 | | undesignated asthma medication of its use. The district or |
20 | | school must follow up with the school nurse, if available, and |
21 | | may, with the consent of the child's parent or guardian, |
22 | | notify the child's health care provider of record, as |
23 | | determined under this Section, of its use. |
24 | | (g) Prior to the administration of an undesignated |
25 | | epinephrine injector, trained personnel must submit to the |
26 | | school's administration proof of completion of a training |
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1 | | curriculum to recognize and respond to anaphylaxis that meets |
2 | | the requirements of subsection (h) of this Section. Training |
3 | | must be completed annually. The school district, public |
4 | | school, charter school, or nonpublic school must maintain |
5 | | records related to the training curriculum and trained |
6 | | personnel. |
7 | | Prior to the administration of an opioid antagonist, |
8 | | trained personnel must submit to the school's administration |
9 | | proof of completion of a training curriculum to recognize and |
10 | | respond to an opioid overdose, which curriculum must meet the |
11 | | requirements of subsection (h-5) of this Section. Training |
12 | | must be completed annually. Trained personnel must also submit |
13 | | to the school's administration proof of cardiopulmonary |
14 | | resuscitation and automated external defibrillator |
15 | | certification. The school district, public school, charter |
16 | | school, or nonpublic school must maintain records relating to |
17 | | the training curriculum and the trained personnel. |
18 | | Prior to the administration of undesignated asthma |
19 | | medication, trained personnel must submit to the school's |
20 | | administration proof of completion of a training curriculum to |
21 | | recognize and respond to respiratory distress, which must meet |
22 | | the requirements of subsection (h-10) of this Section. |
23 | | Training must be completed annually, and the school district, |
24 | | public school, charter school, or nonpublic school must |
25 | | maintain records relating to the training curriculum and the |
26 | | trained personnel. |
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1 | | (h) A training curriculum to recognize and respond to |
2 | | anaphylaxis, including the administration of an undesignated |
3 | | epinephrine injector, may be conducted online or in person. |
4 | | Training shall include, but is not limited to: |
5 | | (1) how to recognize signs and symptoms of an allergic |
6 | | reaction, including anaphylaxis; |
7 | | (2) how to administer an epinephrine injector; and |
8 | | (3) a test demonstrating competency of the knowledge |
9 | | required to recognize anaphylaxis and administer an |
10 | | epinephrine injector. |
11 | | Training may also include, but is not limited to: |
12 | | (A) a review of high-risk areas within a school and |
13 | | its related facilities; |
14 | | (B) steps to take to prevent exposure to allergens; |
15 | | (C) emergency follow-up procedures, including the |
16 | | importance of calling 9-1-1 or, if 9-1-1 is not available, |
17 | | other local emergency medical services; |
18 | | (D) how to respond to a student with a known allergy, |
19 | | as well as a student with a previously unknown allergy; |
20 | | (E) other criteria as determined in rules adopted |
21 | | pursuant to this Section; and |
22 | | (F) any policy developed by the State Board of |
23 | | Education under Section 2-3.190. |
24 | | In consultation with statewide professional organizations |
25 | | representing physicians licensed to practice medicine in all |
26 | | of its branches, registered nurses, and school nurses, the |
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1 | | State Board of Education shall make available resource |
2 | | materials consistent with criteria in this subsection (h) for |
3 | | educating trained personnel to recognize and respond to |
4 | | anaphylaxis. The State Board may take into consideration the |
5 | | curriculum on this subject developed by other states, as well |
6 | | as any other curricular materials suggested by medical experts |
7 | | and other groups that work on life-threatening allergy issues. |
8 | | The State Board is not required to create new resource |
9 | | materials. The State Board shall make these resource materials |
10 | | available on its Internet website. |
11 | | (h-5) A training curriculum to recognize and respond to an |
12 | | opioid overdose, including the administration of an opioid |
13 | | antagonist, may be conducted online or in person. The training |
14 | | must comply with any training requirements under Section 5-23 |
15 | | of the Substance Use Disorder Act and the corresponding rules. |
16 | | It must include, but is not limited to: |
17 | | (1) how to recognize symptoms of an opioid overdose; |
18 | | (2) information on drug overdose prevention and |
19 | | recognition; |
20 | | (3) how to perform rescue breathing and resuscitation; |
21 | | (4) how to respond to an emergency involving an opioid |
22 | | overdose; |
23 | | (5) opioid antagonist dosage and administration; |
24 | | (6) the importance of calling 9-1-1 or, if 9-1-1 is |
25 | | not available, other local emergency medical services; |
26 | | (7) care for the overdose victim after administration |
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1 | | of the overdose antagonist; |
2 | | (8) a test demonstrating competency of the knowledge |
3 | | required to recognize an opioid overdose and administer a |
4 | | dose of an opioid antagonist; and |
5 | | (9) other criteria as determined in rules adopted |
6 | | pursuant to this Section. |
7 | | (h-10) A training curriculum to recognize and respond to |
8 | | respiratory distress, including the administration of |
9 | | undesignated asthma medication, may be conducted online or in |
10 | | person. The training must include, but is not limited to: |
11 | | (1) how to recognize symptoms of respiratory distress |
12 | | and how to distinguish respiratory distress from |
13 | | anaphylaxis; |
14 | | (2) how to respond to an emergency involving |
15 | | respiratory distress; |
16 | | (3) asthma medication dosage and administration; |
17 | | (4) the importance of calling 9-1-1 or, if 9-1-1 is |
18 | | not available, other local emergency medical services; |
19 | | (5) a test demonstrating competency of the knowledge |
20 | | required to recognize respiratory distress and administer |
21 | | asthma medication; and |
22 | | (6) other criteria as determined in rules adopted |
23 | | under this Section. |
24 | | (i) Within 3 days after the administration of an |
25 | | undesignated epinephrine injector by a school nurse, trained |
26 | | personnel, or a student at a school or school-sponsored |
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1 | | activity, the school must report to the State Board of |
2 | | Education in a form and manner prescribed by the State Board |
3 | | the following information: |
4 | | (1) age and type of person receiving epinephrine |
5 | | (student, staff, visitor); |
6 | | (2) any previously known diagnosis of a severe |
7 | | allergy; |
8 | | (3) trigger that precipitated allergic episode; |
9 | | (4) location where symptoms developed; |
10 | | (5) number of doses administered; |
11 | | (6) type of person administering epinephrine (school |
12 | | nurse, trained personnel, student); and |
13 | | (7) any other information required by the State Board. |
14 | | If a school district, public school, charter school, or |
15 | | nonpublic school maintains or has an independent contractor |
16 | | providing transportation to students who maintains a supply of |
17 | | undesignated epinephrine injectors, then the school district, |
18 | | public school, charter school, or nonpublic school must report |
19 | | that information to the State Board of Education upon adoption |
20 | | or change of the policy of the school district, public school, |
21 | | charter school, nonpublic school, or independent contractor, |
22 | | in a manner as prescribed by the State Board. The report must |
23 | | include the number of undesignated epinephrine injectors in |
24 | | supply. |
25 | | (i-5) Within 3 days after the administration of an opioid |
26 | | antagonist by a school nurse or trained personnel, the school |
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1 | | must report to the State Board of Education, in a form and |
2 | | manner prescribed by the State Board, the following |
3 | | information: |
4 | | (1) the age and type of person receiving the opioid |
5 | | antagonist (student, staff, or visitor); |
6 | | (2) the location where symptoms developed; |
7 | | (3) the type of person administering the opioid |
8 | | antagonist (school nurse or trained personnel); and |
9 | | (4) any other information required by the State Board. |
10 | | (i-10) Within 3 days after the administration of |
11 | | undesignated asthma medication by a school nurse, trained |
12 | | personnel, or a student at a school or school-sponsored |
13 | | activity, the school must report to the State Board of |
14 | | Education, on a form and in a manner prescribed by the State |
15 | | Board of Education, the following information: |
16 | | (1) the age and type of person receiving the asthma |
17 | | medication (student, staff, or visitor); |
18 | | (2) any previously known diagnosis of asthma for the |
19 | | person; |
20 | | (3) the trigger that precipitated respiratory |
21 | | distress, if identifiable; |
22 | | (4) the location of where the symptoms developed; |
23 | | (5) the number of doses administered; |
24 | | (6) the type of person administering the asthma |
25 | | medication (school nurse, trained personnel, or student); |
26 | | (7) the outcome of the asthma medication |
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1 | | administration; and |
2 | | (8)
any other information required by the State Board. |
3 | | (j) By October 1, 2015 and every year thereafter, the |
4 | | State Board of Education shall submit a report to the General |
5 | | Assembly identifying the frequency and circumstances of |
6 | | undesignated epinephrine and undesignated asthma medication |
7 | | administration during the preceding academic year. Beginning |
8 | | with the 2017 report, the report shall also contain |
9 | | information on which school districts, public schools, charter |
10 | | schools, and nonpublic schools maintain or have independent |
11 | | contractors providing transportation to students who maintain |
12 | | a supply of undesignated epinephrine injectors. This report |
13 | | shall be published on the State Board's Internet website on |
14 | | the date the report is delivered to the General Assembly. |
15 | | (j-5) Annually, each school district, public school, |
16 | | charter school, or nonpublic school shall request an asthma |
17 | | action plan from the parents or guardians of a pupil with |
18 | | asthma. If provided, the asthma action plan must be kept on |
19 | | file in the office of the school nurse or, in the absence of a |
20 | | school nurse, the school administrator. Copies of the asthma |
21 | | action plan may be distributed to appropriate school staff who |
22 | | interact with the pupil on a regular basis, and, if |
23 | | applicable, may be attached to the pupil's federal Section 504 |
24 | | plan or individualized education program plan. |
25 | | (j-10) To assist schools with emergency response |
26 | | procedures for asthma, the State Board of Education, in |
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1 | | consultation with statewide professional organizations with |
2 | | expertise in asthma management and a statewide organization |
3 | | representing school administrators, shall develop a model |
4 | | asthma episode emergency response protocol before September 1, |
5 | | 2016. Each school district, charter school, and nonpublic |
6 | | school shall adopt an asthma episode emergency response |
7 | | protocol before January 1, 2017 that includes all of the |
8 | | components of the State Board's model protocol. |
9 | | (j-15) Every 2 years, school personnel who work with |
10 | | pupils shall complete an in-person or online training program |
11 | | on the management of asthma, the prevention of asthma |
12 | | symptoms, and emergency response in the school setting. In |
13 | | consultation with statewide professional organizations with |
14 | | expertise in asthma management, the State Board of Education |
15 | | shall make available resource materials for educating school |
16 | | personnel about asthma and emergency response in the school |
17 | | setting. |
18 | | (j-20) On or before October 1, 2016 and every year |
19 | | thereafter, the State Board of Education shall submit a report |
20 | | to the General Assembly and the Department of Public Health |
21 | | identifying the frequency and circumstances of opioid |
22 | | antagonist administration during the preceding academic year. |
23 | | This report shall be published on the State Board's Internet |
24 | | website on the date the report is delivered to the General |
25 | | Assembly. |
26 | | (k) The State Board of Education may adopt rules necessary |