Bill Text: IL SB2038 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the School Code. In provisions concerning epinephrine administration, provides that epinephrine may be administered with a glass vial, auto-injector, ampule, or pre-filled syringe. Makes conforming changes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2038 Detail]

Download: Illinois-2017-SB2038-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2038 Introduced 2/10/2017, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-30
Amends the School Code. In provisions concerning epinephrine administration, provides that epinephrine may be administered with a glass vial, auto-injector, ampule, or pre-filled syringe. Makes conforming changes.
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A BILL FOR
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AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School code is amended by changing Section
22-30 as follows:
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine injectors auto-injectors;
administration of undesignated epinephrine injectors
auto-injectors; administration of an opioid antagonist; asthma
episode emergency response protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.

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"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Epinephrine injector" includes a glass vial,
auto-injector, ampule, or pre-filled syringe.
"Asthma medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a licensed physician assistant with prescriptive
authority, or (iii) a licensed advanced practice nurse with
prescriptive authority for a pupil that pertains to the pupil's
asthma and that has an individual prescription label.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine injector
auto-injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine injector
auto-injector.
"Standing protocol" may be issued by (i) a physician

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licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice nurse with prescriptive
authority.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis.
"Undesignated epinephrine injector auto-injector" means an
epinephrine auto-injector, glass vial, ampule, or pre-filled
syringe prescribed in the name of a school district, public
school, or nonpublic school.
(b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry of
an epinephrine injector auto-injector by a pupil, provided
that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine injector auto-injector or (B)
the self-carry of an epinephrine injector auto-injector,
written authorization from the pupil's physician,

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physician assistant, or advanced practice nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
injector auto-injector, a written statement from the
pupil's physician, physician assistant, or advanced
practice nurse containing the following information:
(A) the name and purpose of the epinephrine
injector auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine injector
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated epinephrine injector auto-injector to a student
or any personnel authorized under a student's Individual Health
Care Action Plan, Illinois Food Allergy Emergency Action Plan
and Treatment Authorization Form, or plan pursuant to Section
504 of the federal Rehabilitation Act of 1973 to administer an

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epinephrine injector auto-injector to the student, that meets
the student's prescription on file.
(b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine
injector auto-injector to a student for self-administration
only or any personnel authorized under a student's Individual
Health Care Action Plan, Illinois Food Allergy Emergency Action
Plan and Treatment Authorization Form, or plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973 to
administer to the student, that meets the student's
prescription on file; (ii) administer an undesignated
epinephrine injector auto-injector that meets the prescription
on file to any student who has an Individual Health Care Action
Plan, Illinois Food Allergy Emergency Action Plan and Treatment
Authorization Form, or plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973 that authorizes the use of
an epinephrine injector auto-injector; (iii) administer an
undesignated epinephrine injector auto-injector to any person
that the school nurse or trained personnel in good faith
believes is having an anaphylactic reaction; and (iv)
administer an opioid antagonist to any person that the school
nurse or trained personnel in good faith believes is having an
opioid overdose.
(c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,

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that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice nurse providing standing
protocol or prescription for school epinephrine injectors
auto-injectors, 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 asthma
medication, an epinephrine injector auto-injector, or an
opioid antagonist regardless of whether authorization was
given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice nurse.
The parents or guardians of the pupil must sign a statement
acknowledging that the school district, public school, or
nonpublic school and its employees and agents are to incur no
liability, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, an epinephrine injector auto-injector, or an
opioid antagonist regardless of whether authorization was
given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice nurse and
that the parents or guardians must indemnify and hold harmless
the school district, public school, or nonpublic school and its
employees and agents against any claims, except a claim based
on willful and wanton conduct, arising out of the
administration of asthma medication, an epinephrine injector
auto-injector, or an opioid antagonist regardless of whether

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authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine injector auto-injector to a person
whom the school nurse or trained personnel in good faith
believes is having an anaphylactic reaction or administers an
opioid antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
notwithstanding the lack of notice to the parents or guardians
of the pupil or the absence of the parents or guardians signed
statement acknowledging no liability, except for willful and
wanton conduct, the school district, public school, or
nonpublic school and its employees and agents, and a physician,
a physician assistant, or an advanced practice nurse providing
standing protocol or prescription for undesignated epinephrine
injectors auto-injectors, are to incur no liability or
professional discipline, except for willful and wanton
conduct, as a result of any injury arising from the use of an
undesignated epinephrine injector auto-injector or the use of
an opioid antagonist regardless of whether authorization was
given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine injector auto-injector is effective for the

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school year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine injector
auto-injector (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school care
on school-operated property or while being transported on a
school bus.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine injector auto-injector to any
person whom the school nurse or trained personnel in good faith
believes to be having an anaphylactic reaction (i) while in
school, (ii) while at a school-sponsored activity, (iii) while
under the supervision of school personnel, or (iv) before or
after normal school activities, such as while in before-school
or after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine injectors
auto-injectors on his or her person while in school or at a
school-sponsored activity.

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(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry an opioid antagonist on their person while in school
or at a school-sponsored activity.
(f) The school district, public school, or nonpublic school
may maintain a supply of undesignated epinephrine injectors
auto-injectors in any secure location that is accessible
before, during, and after school where an allergic person is
most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has been
delegated prescriptive authority in accordance with Section
7.5 of the Physician Assistant Practice Act of 1987, or an
advanced practice nurse who has been delegated prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine injectors
auto-injectors in the name of the school district, public
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine injectors auto-injectors
shall be maintained in accordance with the manufacturer's

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instructions.
The school district, public school, or nonpublic school may
maintain a supply of an opioid antagonist in any secure
location where an individual may have an opioid overdose. A
health care professional who has been delegated prescriptive
authority for opioid antagonists in accordance with Section
5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
may prescribe opioid antagonists in the name of the school
district, public school, or nonpublic school, to be maintained
for use when necessary. Any supply of opioid antagonists shall
be maintained in accordance with the manufacturer's
instructions.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine injectors auto-injectors and
providing training to personnel for carrying and administering
undesignated epinephrine injectors auto-injectors shall pay
for the costs of the undesignated epinephrine injectors
auto-injectors.
(f-5) Upon any administration of an epinephrine injector
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, or nonpublic school must immediately
activate the EMS system and notify the student's parent,
guardian, or emergency contact, if known.

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(f-10) Within 24 hours of the administration of an
undesignated epinephrine injector auto-injector, a school
district, public school, or nonpublic school must notify the
physician, physician assistant, or advanced practice nurse who
provided the standing protocol or prescription for the
undesignated epinephrine injector auto-injector of its use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, or nonpublic
school must notify the health care professional who provided
the prescription for the opioid antagonist of its use.
(g) Prior to the administration of an undesignated
epinephrine injector auto-injector, trained personnel must
submit to their school's administration proof of completion of
a training curriculum to recognize and respond to anaphylaxis
that meets the requirements of subsection (h) of this Section.
Training must be completed annually. their The school district,
public school, or nonpublic school must maintain records
related to the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to their school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training must
be completed annually. Trained personnel must also submit to
the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator

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certification. The school district, public school, or
nonpublic school must maintain records relating to the training
curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine injector auto-injector, may be conducted online or
in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine injector
auto-injector; and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine injector auto-injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and its
related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures;
(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy; and
(E) other criteria as determined in rules adopted
pursuant to this Section.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of

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its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Alcoholism and Other Drug Abuse and Dependency Act and
the corresponding rules. It must include, but is not limited
to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 911;

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(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine injector auto-injector by a school
nurse, trained personnel, or a student at a school or
school-sponsored activity, the school must report to the State
Board of Education in a form and manner prescribed by the State
Board the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, or nonpublic school
maintains or has an independent contractor providing
transportation to students who maintains a supply of
undesignated epinephrine injectors auto-injectors, then the

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school district, public school, or nonpublic school must report
that information to the State Board of Education upon adoption
or change of the policy of the school district, public school,
nonpublic school, or independent contractor, in a manner as
prescribed by the State Board. The report must include the
number of undesignated epinephrine injectors auto-injectors in
supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the State
Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
epinephrine administration during the preceding academic year.
Beginning with the 2017 report, the report shall also contain
information on which school districts, public schools, and
nonpublic schools maintain or have independent contractors
providing transportation to students who maintain a supply of

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undesignated epinephrine injectors auto-injectors. This report
shall be published on the State Board's Internet website on the
date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if applicable,
may be attached to the pupil's federal Section 504 plan or
individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with pupils
shall complete an in-person or online training program on the
management of asthma, the prevention of asthma symptoms, and

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emergency response in the school setting. In consultation with
statewide professional organizations with expertise in asthma
management, the State Board of Education shall make available
resource materials for educating school personnel about asthma
and emergency response in the school setting.
(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine injectors auto-injectors that any type of school or
student may carry or maintain a supply of.
(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
99-843, eff. 8-19-16; revised 9-8-16.)