Bill Text: IL HB3613 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the General Provisions Article of the School Code. In provisions concerning medical prescriptions for schools, Provides that the school district, public school, charter school, or nonpublic school may maintain a supply of undesignated oxygen tanks in any secure location that is accessible before, during, and after school where a person with developmental disabilities person is most at risk, including, but not limited to, classrooms and lunchrooms. Provides that a physician, a physician assistant who has prescriptive authority in accordance with the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with the Nurse Practice Act may prescribe undesignated oxygen tanks in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Provides that any supply of oxygen tanks shall be maintained in accordance with the manufacturer's instructions and with the local fire department's rules.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0196 [HB3613 Detail]
Download: Illinois-2023-HB3613-Enrolled.html
Bill Title: Amends the General Provisions Article of the School Code. In provisions concerning medical prescriptions for schools, Provides that the school district, public school, charter school, or nonpublic school may maintain a supply of undesignated oxygen tanks in any secure location that is accessible before, during, and after school where a person with developmental disabilities person is most at risk, including, but not limited to, classrooms and lunchrooms. Provides that a physician, a physician assistant who has prescriptive authority in accordance with the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with the Nurse Practice Act may prescribe undesignated oxygen tanks in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Provides that any supply of oxygen tanks shall be maintained in accordance with the manufacturer's instructions and with the local fire department's rules.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0196 [HB3613 Detail]
Download: Illinois-2023-HB3613-Enrolled.html
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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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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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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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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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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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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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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 may maintain a supply of an opioid antagonist | ||||||
17 | in any secure location where an individual may have an opioid | ||||||
18 | overdose. A health care professional who has been delegated | ||||||
19 | prescriptive authority for opioid antagonists in accordance | ||||||
20 | with Section 5-23 of the Substance Use Disorder Act may | ||||||
21 | prescribe opioid antagonists in the name of the school | ||||||
22 | district, public school, charter school, or nonpublic school, | ||||||
23 | to be maintained for use when necessary. Any supply of opioid | ||||||
24 | 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 | A school district that provides special educational | ||||||
15 | facilities for children with disabilities under Section | ||||||
16 | 14-4.01 of this Code may maintain a supply of undesignated | ||||||
17 | oxygen tanks in any secure location that is accessible before, | ||||||
18 | during, and after school where a person with developmental | ||||||
19 | disabilities is most at risk, including, but not limited to, | ||||||
20 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
21 | who has prescriptive authority in accordance with Section 7.5 | ||||||
22 | of the Physician Assistant Practice Act of 1987, or an | ||||||
23 | advanced practice registered nurse who has prescriptive | ||||||
24 | authority in accordance with Section 65-40 of the Nurse | ||||||
25 | Practice Act may prescribe undesignated oxygen tanks in the | ||||||
26 | name of the school district that provides special educational |
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1 | facilities for children with disabilities under Section | ||||||
2 | 14-4.01 of this Code to be maintained for use when necessary. | ||||||
3 | Any supply of oxygen tanks shall be maintained in accordance | ||||||
4 | with the manufacturer's instructions and with the local fire | ||||||
5 | department's rules. | ||||||
6 | (f-3) Whichever entity initiates the process of obtaining | ||||||
7 | undesignated epinephrine injectors and providing training to | ||||||
8 | personnel for carrying and administering undesignated | ||||||
9 | epinephrine injectors shall pay for the costs of the | ||||||
10 | undesignated epinephrine injectors. | ||||||
11 | (f-5) Upon any administration of an epinephrine injector, | ||||||
12 | a school district, public school, charter school, or nonpublic | ||||||
13 | school must immediately activate the EMS system and notify the | ||||||
14 | student's parent, guardian, or emergency contact, if known. | ||||||
15 | Upon any administration of an opioid antagonist, a school | ||||||
16 | district, public school, charter school, or nonpublic school | ||||||
17 | must immediately activate the EMS system and notify the | ||||||
18 | student's parent, guardian, or emergency contact, if known. | ||||||
19 | (f-10) Within 24 hours of the administration of an | ||||||
20 | undesignated epinephrine injector, a school district, public | ||||||
21 | school, charter school, or nonpublic school must notify the | ||||||
22 | physician, physician assistant, or advanced practice | ||||||
23 | registered nurse who provided the standing protocol and a | ||||||
24 | prescription for the undesignated epinephrine injector of its | ||||||
25 | use. | ||||||
26 | Within 24 hours after the administration of an opioid |
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1 | antagonist, a school district, public school, charter school, | ||||||
2 | or nonpublic school must notify the health care professional | ||||||
3 | who provided the prescription for the opioid antagonist of its | ||||||
4 | use. | ||||||
5 | Within 24 hours after the administration of undesignated | ||||||
6 | asthma medication, a school district, public school, charter | ||||||
7 | school, or nonpublic school must notify the student's parent | ||||||
8 | or guardian or emergency contact, if known, and the physician, | ||||||
9 | physician assistant, or advanced practice registered nurse who | ||||||
10 | provided the standing protocol and a prescription for the | ||||||
11 | undesignated asthma medication of its use. The district or | ||||||
12 | school must follow up with the school nurse, if available, and | ||||||
13 | may, with the consent of the child's parent or guardian, | ||||||
14 | notify the child's health care provider of record, as | ||||||
15 | determined under this Section, of its use. | ||||||
16 | (g) Prior to the administration of an undesignated | ||||||
17 | epinephrine injector, trained personnel must submit to the | ||||||
18 | school's administration proof of completion of a training | ||||||
19 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
20 | the requirements of subsection (h) of this Section. Training | ||||||
21 | must be completed annually. The school district, public | ||||||
22 | school, charter school, or nonpublic school must maintain | ||||||
23 | records related to the training curriculum and trained | ||||||
24 | personnel. | ||||||
25 | Prior to the administration of an opioid antagonist, | ||||||
26 | trained personnel must submit to the school's administration |
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1 | proof of completion of a training curriculum to recognize and | ||||||
2 | respond to an opioid overdose, which curriculum must meet the | ||||||
3 | requirements of subsection (h-5) of this Section. Training | ||||||
4 | must be completed annually. Trained personnel must also submit | ||||||
5 | to the school's administration proof of cardiopulmonary | ||||||
6 | resuscitation and automated external defibrillator | ||||||
7 | certification. The school district, public school, charter | ||||||
8 | school, or nonpublic school must maintain records relating to | ||||||
9 | the training curriculum and the trained personnel. | ||||||
10 | Prior to the administration of undesignated asthma | ||||||
11 | medication, trained personnel must submit to the school's | ||||||
12 | administration proof of completion of a training curriculum to | ||||||
13 | recognize and respond to respiratory distress, which must meet | ||||||
14 | the requirements of subsection (h-10) of this Section. | ||||||
15 | Training must be completed annually, and the school district, | ||||||
16 | public school, charter school, or nonpublic school must | ||||||
17 | maintain records relating to the training curriculum and the | ||||||
18 | trained personnel. | ||||||
19 | (h) A training curriculum to recognize and respond to | ||||||
20 | anaphylaxis, including the administration of an undesignated | ||||||
21 | epinephrine injector, may be conducted online or in person. | ||||||
22 | Training shall include, but is not limited to: | ||||||
23 | (1) how to recognize signs and symptoms of an allergic | ||||||
24 | reaction, including anaphylaxis; | ||||||
25 | (2) how to administer an epinephrine injector; and | ||||||
26 | (3) a test demonstrating competency of the knowledge |
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1 | required to recognize anaphylaxis and administer an | ||||||
2 | epinephrine injector. | ||||||
3 | Training may also include, but is not limited to: | ||||||
4 | (A) a review of high-risk areas within a school and | ||||||
5 | its related facilities; | ||||||
6 | (B) steps to take to prevent exposure to allergens; | ||||||
7 | (C) emergency follow-up procedures, including the | ||||||
8 | importance of calling 9-1-1 or, if 9-1-1 is not available, | ||||||
9 | other local emergency medical services; | ||||||
10 | (D) how to respond to a student with a known allergy, | ||||||
11 | as well as a student with a previously unknown allergy; | ||||||
12 | (E) other criteria as determined in rules adopted | ||||||
13 | pursuant to this Section; and | ||||||
14 | (F) any policy developed by the State Board of | ||||||
15 | Education under Section 2-3.190. | ||||||
16 | In consultation with statewide professional organizations | ||||||
17 | representing physicians licensed to practice medicine in all | ||||||
18 | of its branches, registered nurses, and school nurses, the | ||||||
19 | State Board of Education shall make available resource | ||||||
20 | materials consistent with criteria in this subsection (h) for | ||||||
21 | educating trained personnel to recognize and respond to | ||||||
22 | anaphylaxis. The State Board may take into consideration the | ||||||
23 | curriculum on this subject developed by other states, as well | ||||||
24 | as any other curricular materials suggested by medical experts | ||||||
25 | and other groups that work on life-threatening allergy issues. | ||||||
26 | The State Board is not required to create new resource |
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1 | materials. The State Board shall make these resource materials | ||||||
2 | available on its Internet website. | ||||||
3 | (h-5) A training curriculum to recognize and respond to an | ||||||
4 | opioid overdose, including the administration of an opioid | ||||||
5 | antagonist, may be conducted online or in person. The training | ||||||
6 | must comply with any training requirements under Section 5-23 | ||||||
7 | of the Substance Use Disorder Act and the corresponding rules. | ||||||
8 | It must include, but is not limited to: | ||||||
9 | (1) how to recognize symptoms of an opioid overdose; | ||||||
10 | (2) information on drug overdose prevention and | ||||||
11 | recognition; | ||||||
12 | (3) how to perform rescue breathing and resuscitation; | ||||||
13 | (4) how to respond to an emergency involving an opioid | ||||||
14 | overdose; | ||||||
15 | (5) opioid antagonist dosage and administration; | ||||||
16 | (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
17 | not available, other local emergency medical services; | ||||||
18 | (7) care for the overdose victim after administration | ||||||
19 | of the overdose antagonist; | ||||||
20 | (8) a test demonstrating competency of the knowledge | ||||||
21 | required to recognize an opioid overdose and administer a | ||||||
22 | dose of an opioid antagonist; and | ||||||
23 | (9) other criteria as determined in rules adopted | ||||||
24 | pursuant to this Section. | ||||||
25 | (h-10) A training curriculum to recognize and respond to | ||||||
26 | respiratory distress, including the administration of |
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1 | undesignated asthma medication, may be conducted online or in | ||||||
2 | person. The training must include, but is not limited to: | ||||||
3 | (1) how to recognize symptoms of respiratory distress | ||||||
4 | and how to distinguish respiratory distress from | ||||||
5 | anaphylaxis; | ||||||
6 | (2) how to respond to an emergency involving | ||||||
7 | respiratory distress; | ||||||
8 | (3) asthma medication dosage and administration; | ||||||
9 | (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
10 | not available, other local emergency medical services; | ||||||
11 | (5) a test demonstrating competency of the knowledge | ||||||
12 | required to recognize respiratory distress and administer | ||||||
13 | asthma medication; and | ||||||
14 | (6) other criteria as determined in rules adopted | ||||||
15 | under this Section. | ||||||
16 | (i) Within 3 days after the administration of an | ||||||
17 | undesignated epinephrine injector by a school nurse, trained | ||||||
18 | personnel, or a student at a school or school-sponsored | ||||||
19 | activity, the school must report to the State Board of | ||||||
20 | Education in a form and manner prescribed by the State Board | ||||||
21 | the following information: | ||||||
22 | (1) age and type of person receiving epinephrine | ||||||
23 | (student, staff, visitor); | ||||||
24 | (2) any previously known diagnosis of a severe | ||||||
25 | allergy; | ||||||
26 | (3) trigger that precipitated allergic episode; |
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1 | (4) location where symptoms developed; | ||||||
2 | (5) number of doses administered; | ||||||
3 | (6) type of person administering epinephrine (school | ||||||
4 | nurse, trained personnel, student); and | ||||||
5 | (7) any other information required by the State Board. | ||||||
6 | If a school district, public school, charter school, or | ||||||
7 | nonpublic school maintains or has an independent contractor | ||||||
8 | providing transportation to students who maintains a supply of | ||||||
9 | undesignated epinephrine injectors, then the school district, | ||||||
10 | public school, charter school, or nonpublic school must report | ||||||
11 | that information to the State Board of Education upon adoption | ||||||
12 | or change of the policy of the school district, public school, | ||||||
13 | charter school, nonpublic school, or independent contractor, | ||||||
14 | in a manner as prescribed by the State Board. The report must | ||||||
15 | include the number of undesignated epinephrine injectors in | ||||||
16 | supply. | ||||||
17 | (i-5) Within 3 days after the administration of an opioid | ||||||
18 | antagonist by a school nurse or trained personnel, the school | ||||||
19 | must report to the State Board of Education, in a form and | ||||||
20 | manner prescribed by the State Board, the following | ||||||
21 | information: | ||||||
22 | (1) the age and type of person receiving the opioid | ||||||
23 | antagonist (student, staff, or visitor); | ||||||
24 | (2) the location where symptoms developed; | ||||||
25 | (3) the type of person administering the opioid | ||||||
26 | antagonist (school nurse or trained personnel); and |
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1 | (4) any other information required by the State Board. | ||||||
2 | (i-10) Within 3 days after the administration of | ||||||
3 | undesignated asthma medication by a school nurse, trained | ||||||
4 | personnel, or a student at a school or school-sponsored | ||||||
5 | activity, the school must report to the State Board of | ||||||
6 | Education, on a form and in a manner prescribed by the State | ||||||
7 | Board of Education, the following information: | ||||||
8 | (1) the age and type of person receiving the asthma | ||||||
9 | medication (student, staff, or visitor); | ||||||
10 | (2) any previously known diagnosis of asthma for the | ||||||
11 | person; | ||||||
12 | (3) the trigger that precipitated respiratory | ||||||
13 | distress, if identifiable; | ||||||
14 | (4) the location of where the symptoms developed; | ||||||
15 | (5) the number of doses administered; | ||||||
16 | (6) the type of person administering the asthma | ||||||
17 | medication (school nurse, trained personnel, or student); | ||||||
18 | (7) the outcome of the asthma medication | ||||||
19 | administration; and | ||||||
20 | (8)
any other information required by the State Board. | ||||||
21 | (j) By October 1, 2015 and every year thereafter, the | ||||||
22 | State Board of Education shall submit a report to the General | ||||||
23 | Assembly identifying the frequency and circumstances of | ||||||
24 | undesignated epinephrine and undesignated asthma medication | ||||||
25 | administration during the preceding academic year. Beginning | ||||||
26 | with the 2017 report, the report shall also contain |
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1 | information on which school districts, public schools, charter | ||||||
2 | schools, and nonpublic schools maintain or have independent | ||||||
3 | contractors providing transportation to students who maintain | ||||||
4 | a supply of undesignated epinephrine injectors. This report | ||||||
5 | shall be published on the State Board's Internet website on | ||||||
6 | the date the report is delivered to the General Assembly. | ||||||
7 | (j-5) Annually, each school district, public school, | ||||||
8 | charter school, or nonpublic school shall request an asthma | ||||||
9 | action plan from the parents or guardians of a pupil with | ||||||
10 | asthma. If provided, the asthma action plan must be kept on | ||||||
11 | file in the office of the school nurse or, in the absence of a | ||||||
12 | school nurse, the school administrator. Copies of the asthma | ||||||
13 | action plan may be distributed to appropriate school staff who | ||||||
14 | interact with the pupil on a regular basis, and, if | ||||||
15 | applicable, may be attached to the pupil's federal Section 504 | ||||||
16 | plan or individualized education program plan. | ||||||
17 | (j-10) To assist schools with emergency response | ||||||
18 | procedures for asthma, the State Board of Education, in | ||||||
19 | consultation with statewide professional organizations with | ||||||
20 | expertise in asthma management and a statewide organization | ||||||
21 | representing school administrators, shall develop a model | ||||||
22 | asthma episode emergency response protocol before September 1, | ||||||
23 | 2016. Each school district, charter school, and nonpublic | ||||||
24 | school shall adopt an asthma episode emergency response | ||||||
25 | protocol before January 1, 2017 that includes all of the | ||||||
26 | components of the State Board's model protocol. |
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1 | (j-15) Every 2 years, school personnel who work with | ||||||
2 | pupils shall complete an in-person or online training program | ||||||
3 | on the management of asthma, the prevention of asthma | ||||||
4 | symptoms, and emergency response in the school setting. In | ||||||
5 | consultation with statewide professional organizations with | ||||||
6 | expertise in asthma management, the State Board of Education | ||||||
7 | shall make available resource materials for educating school | ||||||
8 | personnel about asthma and emergency response in the school | ||||||
9 | setting. | ||||||
10 | (j-20) On or before October 1, 2016 and every year | ||||||
11 | thereafter, the State Board of Education shall submit a report | ||||||
12 | to the General Assembly and the Department of Public Health | ||||||
13 | identifying the frequency and circumstances of opioid | ||||||
14 | antagonist administration during the preceding academic year. | ||||||
15 | This report shall be published on the State Board's Internet | ||||||
16 | website on the date the report is delivered to the General | ||||||
17 | Assembly. | ||||||
18 | (k) The State Board of Education may adopt rules necessary | ||||||
19 | to implement this Section. | ||||||
20 | (l) Nothing in this Section shall limit the amount of | ||||||
21 | epinephrine injectors that any type of school or student may | ||||||
22 | carry or maintain a supply of. | ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21; | ||||||
24 | 102-813, eff. 5-13-22.)
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