Bill Text: IL SB0094 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Asthma Inhalers at Recreational Camps Act. Adds provisions authorizing possession, self-administration, and use of epinephrine injections and asthma medications at after-school care programs. Provides that after-school care program personnel may carry and administer an undesignated epinephrine injection to any child if the after-school care program personnel in good faith believe the child is having an anaphylactic reaction and may carry and administer an undesignated asthma medication to any child if the after-school care program personnel in good faith believe the child is experiencing respiratory distress while in the after-school care program. Provides that 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 parent or guardian of the child, in writing, that the after-school care program and its employees and agents are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of the injection or medication. Provides that a parent or guardian of the child must sign a statement acknowledging such and that the parent or guardian must 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. Contains other provisions. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-06-26 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0094 Detail]
Download: Illinois-2023-SB0094-Introduced.html
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning health.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Asthma Inhalers at Recreational Camps Act | |||||||||||||||||||||
5 | is amended by changing Sections 5 and 10 as follows:
| |||||||||||||||||||||
6 | (410 ILCS 607/5)
| |||||||||||||||||||||
7 | Sec. 5. Definitions. In this Act: | |||||||||||||||||||||
8 | "After-school care program" means an after-school care | |||||||||||||||||||||
9 | program operated by a park district or any nonprofit or | |||||||||||||||||||||
10 | for-profit entity on school district property. | |||||||||||||||||||||
11 | "Recreational camp" means any place set apart for | |||||||||||||||||||||
12 | recreational purposes for boys and girls. "Recreational camp" | |||||||||||||||||||||
13 | shall not apply to private camps owned or leased for | |||||||||||||||||||||
14 | individual or family use, or to any camp operated for a period | |||||||||||||||||||||
15 | of less than 10 days in a year.
| |||||||||||||||||||||
16 | (Source: P.A. 94-670, eff. 8-23-05.)
| |||||||||||||||||||||
17 | (410 ILCS 607/10)
| |||||||||||||||||||||
18 | Sec. 10. Possession, self-administration, and use of | |||||||||||||||||||||
19 | epinephrine auto-injectors or inhalers at recreation camps and | |||||||||||||||||||||
20 | after-school care programs . | |||||||||||||||||||||
21 | (a) A recreation camp or an after-school care program | |||||||||||||||||||||
22 | shall permit a child with severe, potentially life-threatening |
| |||||||
| |||||||
1 | allergies to possess, self-administer, and use an epinephrine | ||||||
2 | auto-injector or inhaler, if the following conditions are | ||||||
3 | satisfied: | ||||||
4 | (1) The child has the written approval of his or her | ||||||
5 | parent or guardian. | ||||||
6 | (2) The recreational camp or after-school care program | ||||||
7 | administrator or, if a nurse is assigned to the camp or | ||||||
8 | program , the nurse shall receive copies of the written | ||||||
9 | approvals required under paragraph (1) of subsection (a) | ||||||
10 | of this Section. | ||||||
11 | (3) The child's parent or guardian shall submit | ||||||
12 | written verification confirming that the child has the | ||||||
13 | knowledge and skills to safely possess, self-administer, | ||||||
14 | and use an epinephrine auto-injector or inhaler in a camp | ||||||
15 | or an after-school care program setting. | ||||||
16 | (b) The child's parent or guardian shall provide the camp | ||||||
17 | or program with the following information: | ||||||
18 | (1) the child's name; | ||||||
19 | (2) the name, route, and dosage of medication; | ||||||
20 | (3) the frequency and time of medication | ||||||
21 | administration or assistance; | ||||||
22 | (4) the date of the order; | ||||||
23 | (5) a diagnosis and any other medical conditions | ||||||
24 | requiring medications, if not a violation of | ||||||
25 | confidentiality or if not contrary to the request of the | ||||||
26 | parent or guardian to keep confidential; |
| |||||||
| |||||||
1 | (6) specific recommendations for administration; | ||||||
2 | (7) any special side effects, contraindications, and | ||||||
3 | adverse reactions to be observed; | ||||||
4 | (8) the name of each required medication; and
| ||||||
5 | (9) any severe adverse reactions that may occur to | ||||||
6 | another child, for whom the epinephrine auto-injector or | ||||||
7 | inhaler is not prescribed, should the other child receive | ||||||
8 | a dose of the medication. | ||||||
9 | (c) If the conditions of this Act are satisfied, the child | ||||||
10 | may possess, self-administer, and use an epinephrine | ||||||
11 | auto-injector or inhaler at the camp or after-school care | ||||||
12 | program or at any camp-sponsored or program-sponsored | ||||||
13 | activity, event, or program. | ||||||
14 | (d) The recreational camp or after-school care program | ||||||
15 | must inform the parents or guardians of the child, in writing, | ||||||
16 | that the recreational camp or after-school care program and | ||||||
17 | its employees and agents are to incur no liability , as | ||||||
18 | applicable , except for willful and wanton conduct, as a result | ||||||
19 | of any injury arising from the self-administration of | ||||||
20 | medication to the child. The parents or guardians of the child | ||||||
21 | must sign a statement acknowledging that the recreational camp | ||||||
22 | or after-school care program is to incur no liability, except | ||||||
23 | for willful and wanton conduct, as a result of any injury | ||||||
24 | arising from the self-administration of medication by the | ||||||
25 | child and that the parents or guardians must indemnify and | ||||||
26 | hold harmless the recreational camp or after-school care |
| |||||||
| |||||||
1 | program and its employees and agents , as applicable, against | ||||||
2 | any claims, except a claim based on willful and wanton | ||||||
3 | conduct, arising out of the self-administration of medication | ||||||
4 | by the child.
| ||||||
5 | (e) After-school care program personnel may administer an | ||||||
6 | undesignated epinephrine injection to any child if the | ||||||
7 | after-school care program personnel believe in good faith that | ||||||
8 | the child is having an anaphylactic reaction while in the | ||||||
9 | after-school care program. After-school care program personnel | ||||||
10 | may carry undesignated epinephrine injectors on their person | ||||||
11 | while in the after-school care program. | ||||||
12 | (f) After-school care program personnel may administer | ||||||
13 | undesignated asthma medication to any child if the | ||||||
14 | after-school care program personnel believe in good faith that | ||||||
15 | the child is experiencing respiratory distress while in the | ||||||
16 | after-school care program. After-school care program personnel | ||||||
17 | may carry undesignated asthma medication on their person while | ||||||
18 | in the after-school care program. | ||||||
19 | (g) If after-school care program personnel are to | ||||||
20 | administer an undesignated epinephrine injection or an | ||||||
21 | undesignated asthma medication to a child, the after-school | ||||||
22 | care program personnel must inform the parents or guardians of | ||||||
23 | the child, in writing, that the after-school care program and | ||||||
24 | its employees and agents, including a physician, physician | ||||||
25 | assistant, or advanced practice registered nurse, acting in | ||||||
26 | accordance with standard protocols and the prescription for |
| |||||||
| |||||||
1 | the injection or medication, shall incur no liability or | ||||||
2 | professional discipline, except for willful and wanton | ||||||
3 | conduct, as a result of any injury arising from the | ||||||
4 | administration of the injection or medication, notwithstanding | ||||||
5 | whether authorization was given by the child's parents or | ||||||
6 | guardians or by the child's physician, physician assistant, or | ||||||
7 | advanced practice registered nurse. A parent or guardian of | ||||||
8 | the child must sign a statement acknowledging that the | ||||||
9 | after-school care program and its employees and agents are to | ||||||
10 | incur no liability, except for willful and wanton conduct, as | ||||||
11 | a result of any injury arising from the administration of the | ||||||
12 | medication or injection, regardless of whether authorization | ||||||
13 | was given by a parent or guardian of the child or by the | ||||||
14 | child's physician, physician assistant, or advanced practice | ||||||
15 | registered nurse, and that the parent or guardian must also | ||||||
16 | indemnify and hold harmless the after-school care program and | ||||||
17 | its employees and agents against any claims, except a claim | ||||||
18 | based on willful and wanton conduct, arising out of the | ||||||
19 | administration of the medication or injection, regardless of | ||||||
20 | whether authorization was given by the child's parent or | ||||||
21 | guardian or by the child's physician, physician assistant, or | ||||||
22 | advanced practice registered nurse. | ||||||
23 | (h) If after-school care program personnel administer an | ||||||
24 | undesignated epinephrine injection to a person and the | ||||||
25 | after-school care program personnel believe in good faith the | ||||||
26 | person is having an anaphylactic reaction or administer |
| |||||||
| |||||||
1 | undesignated asthma medication to a person and believe in good | ||||||
2 | faith the person is experiencing respiratory distress, then | ||||||
3 | the after-school care program, its employees and agents, and | ||||||
4 | any physician, physician assistant, or advanced practice | ||||||
5 | registered nurse, acting in accordance with standard protocols | ||||||
6 | and the prescription for the injection or medication, shall | ||||||
7 | not, except for willful and wanton conduct, incur any | ||||||
8 | liability or be subject to professional discipline as a result | ||||||
9 | of any injury arising from the use of the injection or | ||||||
10 | medication, notwithstanding whether notice was given to or | ||||||
11 | authorization was given by the child's parent or guardian or | ||||||
12 | by the child's physician, physician assistant, or advanced | ||||||
13 | practice registered nurse and notwithstanding the absence of | ||||||
14 | the parent's or guardian's signed statement acknowledging | ||||||
15 | release from liability. | ||||||
16 | (Source: P.A. 94-670, eff. 8-23-05.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|