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Public Act 099-0843


 

Public Act 0843 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0843
 
HB6333 EnrolledLRB099 18475 NHT 42851 b

    AN ACT concerning education.
 
    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 auto-injectors; administration of
undesignated epinephrine 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.
    "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.
    "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
auto-injector.
    "Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
    "Standing protocol" may be issued 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.
    "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 auto-injector" means an
epinephrine auto-injector 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 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 auto-injector or (B) the
    self-carry of an epinephrine auto-injector, written
    authorization from the pupil's physician, 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
    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
        auto-injector;
            (B) the prescribed dosage; and
            (C) the time or times at which or the special
        circumstances under which the epinephrine
        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 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
epinephrine 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
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 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 auto-injector;
(iii) administer an undesignated epinephrine 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,
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
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 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
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 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.
    (c-5) When a school nurse or trained personnel administers
an undesignated epinephrine 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
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 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 auto-injector is effective for the 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 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.
    (e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine 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. A school nurse
or trained personnel may carry undesignated epinephrine
auto-injectors on his or her person while in school or at a
school-sponsored activity.
    (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
auto-injectors in any secure location 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
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 auto-injectors shall be
maintained in accordance with the manufacturer's 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-5) Upon any administration of an epinephrine
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.
    (f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advanced advance practice nurse who
provided the standing protocol or prescription for the
undesignated epinephrine 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 auto-injector, trained personnel must submit to
their his or her 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. Trained personnel must
also submit to their his or her school's administration proof
of cardiopulmonary resuscitation and automated external
defibrillator certification. 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
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 auto-injector, may be conducted online or in
person. It must include, but is not limited to:
        (1) how to recognize symptoms of an allergic reaction;
        (2) a review of high-risk areas within the school and
    its related facilities;
        (3) steps to take to prevent exposure to allergens;
        (4) how to respond to an emergency involving an
    allergic reaction;
        (5) how to administer an epinephrine auto-injector;
        (6) how to respond to a student with a known allergy as
    well as a student with a previously unknown allergy;
        (7) a test demonstrating competency of the knowledge
    required to recognize anaphylaxis and administer an
    epinephrine auto-injector; and
        (8) 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
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;
        (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 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 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.
    (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, 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 shall submit a report to the General Assembly identifying
the frequency and circumstances of epinephrine 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.
    (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
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.
    On or before October 1, 2016 and every year thereafter, the
State Board 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 may adopt rules necessary to implement
this Section.
(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
99-480, eff. 9-9-15; revised 10-13-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2016