Illinois General Assembly - Full Text of SB2038
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Full Text of SB2038  100th General Assembly

SB2038 100TH GENERAL ASSEMBLY

  
  

 


 
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.


LRB100 11368 MLM 21754 b

 

 

A BILL FOR

 

SB2038LRB100 11368 MLM 21754 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School code is amended by changing Section
522-30 as follows:
 
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration and self-carry of asthma
8medication and epinephrine injectors auto-injectors;
9administration of undesignated epinephrine injectors
10auto-injectors; administration of an opioid antagonist; asthma
11episode emergency response protocol.
12    (a) For the purpose of this Section only, the following
13terms shall have the meanings set forth below:
14    "Asthma action plan" means a written plan developed with a
15pupil's medical provider to help control the pupil's asthma.
16The goal of an asthma action plan is to reduce or prevent
17flare-ups and emergency department visits through day-to-day
18management and to serve as a student-specific document to be
19referenced in the event of an asthma episode.
20    "Asthma episode emergency response protocol" means a
21procedure to provide assistance to a pupil experiencing
22symptoms of wheezing, coughing, shortness of breath, chest
23tightness, or breathing difficulty.

 

 

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1    "Asthma inhaler" means a quick reliever asthma inhaler.
2    "Epinephrine auto-injector" means a single-use device used
3for the automatic injection of a pre-measured dose of
4epinephrine into the human body.
5    "Epinephrine injector" includes a glass vial,
6auto-injector, ampule, or pre-filled syringe.
7    "Asthma medication" means a medicine, prescribed by (i) a
8physician licensed to practice medicine in all its branches,
9(ii) a licensed physician assistant with prescriptive
10authority, or (iii) a licensed advanced practice nurse with
11prescriptive authority for a pupil that pertains to the pupil's
12asthma and that has an individual prescription label.
13    "Opioid antagonist" means a drug that binds to opioid
14receptors and blocks or inhibits the effect of opioids acting
15on those receptors, including, but not limited to, naloxone
16hydrochloride or any other similarly acting drug approved by
17the U.S. Food and Drug Administration.
18    "School nurse" means a registered nurse working in a school
19with or without licensure endorsed in school nursing.
20    "Self-administration" means a pupil's discretionary use of
21his or her prescribed asthma medication or epinephrine injector
22auto-injector.
23    "Self-carry" means a pupil's ability to carry his or her
24prescribed asthma medication or epinephrine injector
25auto-injector.
26    "Standing protocol" may be issued by (i) a physician

 

 

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1licensed to practice medicine in all its branches, (ii) a
2licensed physician assistant with prescriptive authority, or
3(iii) a licensed advanced practice nurse with prescriptive
4authority.
5    "Trained personnel" means any school employee or volunteer
6personnel authorized in Sections 10-22.34, 10-22.34a, and
710-22.34b of this Code who has completed training under
8subsection (g) of this Section to recognize and respond to
9anaphylaxis.
10    "Undesignated epinephrine injector auto-injector" means an
11epinephrine auto-injector, glass vial, ampule, or pre-filled
12syringe prescribed in the name of a school district, public
13school, or nonpublic school.
14    (b) A school, whether public or nonpublic, must permit the
15self-administration and self-carry of asthma medication by a
16pupil with asthma or the self-administration and self-carry of
17an epinephrine injector auto-injector by a pupil, provided
18that:
19        (1) the parents or guardians of the pupil provide to
20    the school (i) written authorization from the parents or
21    guardians for (A) the self-administration and self-carry
22    of asthma medication or (B) the self-carry of asthma
23    medication or (ii) for (A) the self-administration and
24    self-carry of an epinephrine injector auto-injector or (B)
25    the self-carry of an epinephrine injector auto-injector,
26    written authorization from the pupil's physician,

 

 

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1    physician assistant, or advanced practice nurse; and
2        (2) the parents or guardians of the pupil provide to
3    the school (i) the prescription label, which must contain
4    the name of the asthma medication, the prescribed dosage,
5    and the time at which or circumstances under which the
6    asthma medication is to be administered, or (ii) for the
7    self-administration or self-carry of an epinephrine
8    injector auto-injector, a written statement from the
9    pupil's physician, physician assistant, or advanced
10    practice nurse containing the following information:
11            (A) the name and purpose of the epinephrine
12        injector auto-injector;
13            (B) the prescribed dosage; and
14            (C) the time or times at which or the special
15        circumstances under which the epinephrine injector
16        auto-injector is to be administered.
17The information provided shall be kept on file in the office of
18the school nurse or, in the absence of a school nurse, the
19school's administrator.
20    (b-5) A school district, public school, or nonpublic school
21may authorize the provision of a student-specific or
22undesignated epinephrine injector auto-injector to a student
23or any personnel authorized under a student's Individual Health
24Care Action Plan, Illinois Food Allergy Emergency Action Plan
25and Treatment Authorization Form, or plan pursuant to Section
26504 of the federal Rehabilitation Act of 1973 to administer an

 

 

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1epinephrine injector auto-injector to the student, that meets
2the student's prescription on file.
3    (b-10) The school district, public school, or nonpublic
4school may authorize a school nurse or trained personnel to do
5the following: (i) provide an undesignated epinephrine
6injector auto-injector to a student for self-administration
7only or any personnel authorized under a student's Individual
8Health Care Action Plan, Illinois Food Allergy Emergency Action
9Plan and Treatment Authorization Form, or plan pursuant to
10Section 504 of the federal Rehabilitation Act of 1973 to
11administer to the student, that meets the student's
12prescription on file; (ii) administer an undesignated
13epinephrine injector auto-injector that meets the prescription
14on file to any student who has an Individual Health Care Action
15Plan, Illinois Food Allergy Emergency Action Plan and Treatment
16Authorization Form, or plan pursuant to Section 504 of the
17federal Rehabilitation Act of 1973 that authorizes the use of
18an epinephrine injector auto-injector; (iii) administer an
19undesignated epinephrine injector auto-injector to any person
20that the school nurse or trained personnel in good faith
21believes is having an anaphylactic reaction; and (iv)
22administer an opioid antagonist to any person that the school
23nurse or trained personnel in good faith believes is having an
24opioid overdose.
25    (c) The school district, public school, or nonpublic school
26must inform the parents or guardians of the pupil, in writing,

 

 

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1that the school district, public school, or nonpublic school
2and its employees and agents, including a physician, physician
3assistant, or advanced practice nurse providing standing
4protocol or prescription for school epinephrine injectors
5auto-injectors, are to incur no liability or professional
6discipline, except for willful and wanton conduct, as a result
7of any injury arising from the administration of asthma
8medication, an epinephrine injector auto-injector, or an
9opioid antagonist regardless of whether authorization was
10given by the pupil's parents or guardians or by the pupil's
11physician, physician assistant, or advanced practice nurse.
12The parents or guardians of the pupil must sign a statement
13acknowledging that the school district, public school, or
14nonpublic school and its employees and agents are to incur no
15liability, except for willful and wanton conduct, as a result
16of any injury arising from the administration of asthma
17medication, an epinephrine injector auto-injector, or an
18opioid antagonist regardless of whether authorization was
19given by the pupil's parents or guardians or by the pupil's
20physician, physician assistant, or advanced practice nurse and
21that the parents or guardians must indemnify and hold harmless
22the school district, public school, or nonpublic school and its
23employees and agents against any claims, except a claim based
24on willful and wanton conduct, arising out of the
25administration of asthma medication, an epinephrine injector
26auto-injector, or an opioid antagonist regardless of whether

 

 

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1authorization was given by the pupil's parents or guardians or
2by the pupil's physician, physician assistant, or advanced
3practice nurse.
4    (c-5) When a school nurse or trained personnel administers
5an undesignated epinephrine injector auto-injector to a person
6whom the school nurse or trained personnel in good faith
7believes is having an anaphylactic reaction or administers an
8opioid antagonist to a person whom the school nurse or trained
9personnel in good faith believes is having an opioid overdose,
10notwithstanding the lack of notice to the parents or guardians
11of the pupil or the absence of the parents or guardians signed
12statement acknowledging no liability, except for willful and
13wanton conduct, the school district, public school, or
14nonpublic school and its employees and agents, and a physician,
15a physician assistant, or an advanced practice nurse providing
16standing protocol or prescription for undesignated epinephrine
17injectors auto-injectors, are to incur no liability or
18professional discipline, except for willful and wanton
19conduct, as a result of any injury arising from the use of an
20undesignated epinephrine injector auto-injector or the use of
21an opioid antagonist regardless of whether authorization was
22given by the pupil's parents or guardians or by the pupil's
23physician, physician assistant, or advanced practice nurse.
24    (d) The permission for self-administration and self-carry
25of asthma medication or the self-administration and self-carry
26of an epinephrine injector auto-injector is effective for the

 

 

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1school year for which it is granted and shall be renewed each
2subsequent school year upon fulfillment of the requirements of
3this Section.
4    (e) Provided that the requirements of this Section are
5fulfilled, a pupil with asthma may self-administer and
6self-carry his or her asthma medication or a pupil may
7self-administer and self-carry an epinephrine injector
8auto-injector (i) while in school, (ii) while at a
9school-sponsored activity, (iii) while under the supervision
10of school personnel, or (iv) before or after normal school
11activities, such as while in before-school or after-school care
12on school-operated property or while being transported on a
13school bus.
14    (e-5) Provided that the requirements of this Section are
15fulfilled, a school nurse or trained personnel may administer
16an undesignated epinephrine injector auto-injector to any
17person whom the school nurse or trained personnel in good faith
18believes to be having an anaphylactic reaction (i) while in
19school, (ii) while at a school-sponsored activity, (iii) while
20under the supervision of school personnel, or (iv) before or
21after normal school activities, such as while in before-school
22or after-school care on school-operated property or while being
23transported on a school bus. A school nurse or trained
24personnel may carry undesignated epinephrine injectors
25auto-injectors on his or her person while in school or at a
26school-sponsored activity.

 

 

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1    (e-10) Provided that the requirements of this Section are
2fulfilled, a school nurse or trained personnel may administer
3an opioid antagonist to any person whom the school nurse or
4trained personnel in good faith believes to be having an opioid
5overdose (i) while in school, (ii) while at a school-sponsored
6activity, (iii) while under the supervision of school
7personnel, or (iv) before or after normal school activities,
8such as while in before-school or after-school care on
9school-operated property. A school nurse or trained personnel
10may carry an opioid antagonist on their person while in school
11or at a school-sponsored activity.
12    (f) The school district, public school, or nonpublic school
13may maintain a supply of undesignated epinephrine injectors
14auto-injectors in any secure location that is accessible
15before, during, and after school where an allergic person is
16most at risk, including, but not limited to, classrooms and
17lunchrooms. A physician, a physician assistant who has been
18delegated prescriptive authority in accordance with Section
197.5 of the Physician Assistant Practice Act of 1987, or an
20advanced practice nurse who has been delegated prescriptive
21authority in accordance with Section 65-40 of the Nurse
22Practice Act may prescribe undesignated epinephrine injectors
23auto-injectors in the name of the school district, public
24school, or nonpublic school to be maintained for use when
25necessary. Any supply of epinephrine injectors auto-injectors
26shall be maintained in accordance with the manufacturer's

 

 

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1instructions.
2    The school district, public school, or nonpublic school may
3maintain a supply of an opioid antagonist in any secure
4location where an individual may have an opioid overdose. A
5health care professional who has been delegated prescriptive
6authority for opioid antagonists in accordance with Section
75-23 of the Alcoholism and Other Drug Abuse and Dependency Act
8may prescribe opioid antagonists in the name of the school
9district, public school, or nonpublic school, to be maintained
10for use when necessary. Any supply of opioid antagonists shall
11be maintained in accordance with the manufacturer's
12instructions.
13    (f-3) Whichever entity initiates the process of obtaining
14undesignated epinephrine injectors auto-injectors and
15providing training to personnel for carrying and administering
16undesignated epinephrine injectors auto-injectors shall pay
17for the costs of the undesignated epinephrine injectors
18auto-injectors.
19    (f-5) Upon any administration of an epinephrine injector
20auto-injector, a school district, public school, or nonpublic
21school must immediately activate the EMS system and notify the
22student's parent, guardian, or emergency contact, if known.
23    Upon any administration of an opioid antagonist, a school
24district, public school, or nonpublic school must immediately
25activate the EMS system and notify the student's parent,
26guardian, or emergency contact, if known.

 

 

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1    (f-10) Within 24 hours of the administration of an
2undesignated epinephrine injector auto-injector, a school
3district, public school, or nonpublic school must notify the
4physician, physician assistant, or advanced practice nurse who
5provided the standing protocol or prescription for the
6undesignated epinephrine injector auto-injector of its use.
7    Within 24 hours after the administration of an opioid
8antagonist, a school district, public school, or nonpublic
9school must notify the health care professional who provided
10the prescription for the opioid antagonist of its use.
11    (g) Prior to the administration of an undesignated
12epinephrine injector auto-injector, trained personnel must
13submit to their school's administration proof of completion of
14a training curriculum to recognize and respond to anaphylaxis
15that meets the requirements of subsection (h) of this Section.
16Training must be completed annually. their The school district,
17public school, or nonpublic school must maintain records
18related to the training curriculum and trained personnel.
19    Prior to the administration of an opioid antagonist,
20trained personnel must submit to their school's administration
21proof of completion of a training curriculum to recognize and
22respond to an opioid overdose, which curriculum must meet the
23requirements of subsection (h-5) of this Section. Training must
24be completed annually. Trained personnel must also submit to
25the school's administration proof of cardiopulmonary
26resuscitation and automated external defibrillator

 

 

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1certification. The school district, public school, or
2nonpublic school must maintain records relating to the training
3curriculum and the trained personnel.
4    (h) A training curriculum to recognize and respond to
5anaphylaxis, including the administration of an undesignated
6epinephrine injector auto-injector, may be conducted online or
7in person.
8    Training shall include, but is not limited to:
9        (1) how to recognize signs and symptoms of an allergic
10    reaction, including anaphylaxis;
11        (2) how to administer an epinephrine injector
12    auto-injector; and
13        (3) a test demonstrating competency of the knowledge
14    required to recognize anaphylaxis and administer an
15    epinephrine injector auto-injector.
16    Training may also include, but is not limited to:
17        (A) a review of high-risk areas within a school and its
18    related facilities;
19        (B) steps to take to prevent exposure to allergens;
20        (C) emergency follow-up procedures;
21        (D) how to respond to a student with a known allergy,
22    as well as a student with a previously unknown allergy; and
23        (E) other criteria as determined in rules adopted
24    pursuant to this Section.
25    In consultation with statewide professional organizations
26representing physicians licensed to practice medicine in all of

 

 

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1its branches, registered nurses, and school nurses, the State
2Board of Education shall make available resource materials
3consistent with criteria in this subsection (h) for educating
4trained personnel to recognize and respond to anaphylaxis. The
5State Board may take into consideration the curriculum on this
6subject developed by other states, as well as any other
7curricular materials suggested by medical experts and other
8groups that work on life-threatening allergy issues. The State
9Board is not required to create new resource materials. The
10State Board shall make these resource materials available on
11its Internet website.
12    (h-5) A training curriculum to recognize and respond to an
13opioid overdose, including the administration of an opioid
14antagonist, may be conducted online or in person. The training
15must comply with any training requirements under Section 5-23
16of the Alcoholism and Other Drug Abuse and Dependency Act and
17the corresponding rules. It must include, but is not limited
18to:
19        (1) how to recognize symptoms of an opioid overdose;
20        (2) information on drug overdose prevention and
21    recognition;
22        (3) how to perform rescue breathing and resuscitation;
23        (4) how to respond to an emergency involving an opioid
24    overdose;
25        (5) opioid antagonist dosage and administration;
26        (6) the importance of calling 911;

 

 

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1        (7) care for the overdose victim after administration
2    of the overdose antagonist;
3        (8) a test demonstrating competency of the knowledge
4    required to recognize an opioid overdose and administer a
5    dose of an opioid antagonist; and
6        (9) other criteria as determined in rules adopted
7    pursuant to this Section.
8    (i) Within 3 days after the administration of an
9undesignated epinephrine injector auto-injector by a school
10nurse, trained personnel, or a student at a school or
11school-sponsored activity, the school must report to the State
12Board of Education in a form and manner prescribed by the State
13Board the following information:
14        (1) age and type of person receiving epinephrine
15    (student, staff, visitor);
16        (2) any previously known diagnosis of a severe allergy;
17        (3) trigger that precipitated allergic episode;
18        (4) location where symptoms developed;
19        (5) number of doses administered;
20        (6) type of person administering epinephrine (school
21    nurse, trained personnel, student); and
22        (7) any other information required by the State Board.
23    If a school district, public school, or nonpublic school
24maintains or has an independent contractor providing
25transportation to students who maintains a supply of
26undesignated epinephrine injectors auto-injectors, then the

 

 

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1school district, public school, or nonpublic school must report
2that information to the State Board of Education upon adoption
3or change of the policy of the school district, public school,
4nonpublic school, or independent contractor, in a manner as
5prescribed by the State Board. The report must include the
6number of undesignated epinephrine injectors auto-injectors in
7supply.
8    (i-5) Within 3 days after the administration of an opioid
9antagonist by a school nurse or trained personnel, the school
10must report to the State Board of Education, in a form and
11manner prescribed by the State Board, the following
12information:
13        (1) the age and type of person receiving the opioid
14    antagonist (student, staff, or visitor);
15        (2) the location where symptoms developed;
16        (3) the type of person administering the opioid
17    antagonist (school nurse or trained personnel); and
18        (4) any other information required by the State Board.
19    (j) By October 1, 2015 and every year thereafter, the State
20Board of Education shall submit a report to the General
21Assembly identifying the frequency and circumstances of
22epinephrine administration during the preceding academic year.
23Beginning with the 2017 report, the report shall also contain
24information on which school districts, public schools, and
25nonpublic schools maintain or have independent contractors
26providing transportation to students who maintain a supply of

 

 

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1undesignated epinephrine injectors auto-injectors. This report
2shall be published on the State Board's Internet website on the
3date the report is delivered to the General Assembly.
4    (j-5) Annually, each school district, public school,
5charter school, or nonpublic school shall request an asthma
6action plan from the parents or guardians of a pupil with
7asthma. If provided, the asthma action plan must be kept on
8file in the office of the school nurse or, in the absence of a
9school nurse, the school administrator. Copies of the asthma
10action plan may be distributed to appropriate school staff who
11interact with the pupil on a regular basis, and, if applicable,
12may be attached to the pupil's federal Section 504 plan or
13individualized education program plan.
14    (j-10) To assist schools with emergency response
15procedures for asthma, the State Board of Education, in
16consultation with statewide professional organizations with
17expertise in asthma management and a statewide organization
18representing school administrators, shall develop a model
19asthma episode emergency response protocol before September 1,
202016. Each school district, charter school, and nonpublic
21school shall adopt an asthma episode emergency response
22protocol before January 1, 2017 that includes all of the
23components of the State Board's model protocol.
24    (j-15) Every 2 years, school personnel who work with pupils
25shall complete an in-person or online training program on the
26management of asthma, the prevention of asthma symptoms, and

 

 

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1emergency response in the school setting. In consultation with
2statewide professional organizations with expertise in asthma
3management, the State Board of Education shall make available
4resource materials for educating school personnel about asthma
5and emergency response in the school setting.
6    (j-20) On or before October 1, 2016 and every year
7thereafter, the State Board of Education shall submit a report
8to the General Assembly and the Department of Public Health
9identifying the frequency and circumstances of opioid
10antagonist administration during the preceding academic year.
11This report shall be published on the State Board's Internet
12website on the date the report is delivered to the General
13Assembly.
14    (k) The State Board of Education may adopt rules necessary
15to implement this Section.
16    (l) Nothing in this Section shall limit the amount of
17epinephrine injectors auto-injectors that any type of school or
18student may carry or maintain a supply of.
19(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
2099-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
2199-843, eff. 8-19-16; revised 9-8-16.)