Public Act 103-0438
 
HB2949 EnrolledLRB103 27415 DTM 53787 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The Asthma Inhalers at Recreational Camps Act 
is amended  by changing Sections 1, 5, and 10 as follows:
 
    (410 ILCS 607/1)

    Sec. 1. Short title. This Act may be cited as the Emergency 
Asthma Inhalers and Allergy Treatment for Children at 
Recreational Camps Act.

(Source: P.A. 94-670, eff. 8-23-05.)
 
    (410 ILCS 607/5)

    Sec. 5. Definitions.  In this Act:
    "After-school care program" means an after-school care 
program operated by a park district or any nonprofit entity. 
    "Recreational camp" means any place set apart for 
recreational purposes for boys and girls.  "Recreational camp" 
shall not apply to private camps owned or leased for 
individual or family use, or to any camp operated for a period 
of less than 10 days in a year.


(Source: P.A. 94-670, eff. 8-23-05.)
 
    (410 ILCS 607/10)

    Sec. 10. Possession, self-administration, and use of 
epinephrine auto-injectors or inhalers at recreation camps and 
after-school care programs. 
    (a) A recreation camp or an after-school care program 
shall permit a child with severe, potentially life-threatening 
allergies to possess, self-administer, and use an epinephrine 
auto-injector or inhaler, if the following conditions are 
satisfied:
        (1) The child has the written approval of his or her 
    parent or guardian.
        (2) The recreational camp or after-school care program 
    administrator or, if a nurse is assigned to the camp or 
    program, the nurse shall receive copies of the written 
    approvals required under paragraph (1) of subsection (a) 
    of this Section.
        (3) The child's parent or guardian shall submit 
    written verification confirming that the child has the 
    knowledge and skills to safely possess, self-administer, 
    and use an epinephrine auto-injector or inhaler in a camp 
    or an after-school care program setting.
    (b) The child's parent or guardian shall provide the camp 
or program with the following information:
        (1) the child's name;
        (2) the name, route, and dosage of medication;
        (3) the frequency and time of medication 
    administration or assistance;
        (4) the date of the order;
        (5) a diagnosis and any other medical conditions 
    requiring medications, if not a violation of 
    confidentiality or if not contrary to the request of the 
    parent or guardian to keep  confidential;
        (6) specific recommendations for administration;
        (7) any special side effects, contraindications, and 
    adverse reactions to be observed;
        (8) the name of each required medication; and

        (9) any severe adverse reactions that may occur to 
    another child, for whom the epinephrine auto-injector or 
    inhaler is not prescribed, should the other child receive 
    a dose of the medication.
    (c) If the conditions of this Act are satisfied, the child 
may possess, self-administer,  and use an epinephrine 
auto-injector or inhaler at the camp or after-school care 
program or at any camp-sponsored or program-sponsored 
activity, event, or program.
    (d) The recreational camp or after-school care program 
must inform the parents or guardians of the child, in writing, 
that the recreational camp or after-school care program and 
its employees and agents are to incur no liability, as 
applicable, except for willful and wanton conduct, as a result 
of any injury arising from the self-administration of 
medication to the child.  The parents or guardians of the child 
must sign a statement acknowledging that the recreational camp 
or after-school care program is to incur no liability, except 
for willful and wanton conduct, as a result of any injury 
arising from the self-administration of medication by the 
child and that the parents or guardians must indemnify and 
hold harmless the recreational camp or after-school care 
program and its employees and agents, as applicable, against 
any claims, except a claim based on willful and wanton 
conduct, arising out of the self-administration of medication 
by the child.

    (e) After-school care program personnel who have completed 
an anaphylaxis training program as identified under the 
Epinephrine Injector Act may administer an undesignated 
epinephrine injection to any child if the after-school care 
program personnel believe in good faith that the child is 
having an anaphylactic reaction while in the after-school care 
program. After-school care program  personnel may carry 
undesignated epinephrine injectors on their person while in 
the after-school care program.
    (f) After-school care program personnel may administer 
undesignated asthma medication to any child if the 
after-school care program personnel believe in good faith that 
the child is experiencing respiratory distress while in the 
after-school care program. After-school care program personnel 
may carry undesignated asthma medication on their person while 
in the after-school care program.
    (g) 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 parents or guardians of 
the child, in writing, that the after-school care program and 
its employees and agents, acting in accordance with standard 
protocols and the prescription for the  injection or 
medication, shall  incur no liability, except for willful and 
wanton conduct, as a result of any injury arising from the 
administration of the injection or medication, notwithstanding

whether authorization was given by the child's parents or

guardians or by the child's physician, physician assistant, or

advanced practice registered nurse. A parent or guardian of 
the child must sign a statement acknowledging that the 
after-school care program 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 the 
medication or injection, regardless of whether authorization

was given by a parent or guardian of the child or by the

child's physician, physician assistant, or advanced practice

registered nurse, and that the parent or guardian must also

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 by the child's parent or

guardian or by the child's physician, physician assistant, or

advanced practice registered nurse.
    (h) If after-school care program personnel administer an 
undesignated epinephrine injection to a person and the 
after-school care program personnel believe in good faith the 
person is having an anaphylactic reaction or administer 
undesignated asthma medication to a person and  believe in good 
faith  the person is experiencing respiratory distress, then  
the after-school care program and its employees and agents, 
acting in accordance with standard protocols and the 
prescription for the injection or medication, shall not incur 
any liability or be subject to professional discipline, except 
for willful and wanton conduct, as a result of any injury 
arising from the use of the injection or medication, 
notwithstanding whether notice was given to or
authorization 
was given by the child's parent or guardian or
by the child's 
physician, physician assistant, or advanced
practice 
registered nurse and notwithstanding the absence of
the 
parent's or guardian's signed statement acknowledging
release 
from liability.
    (i) The changes made to this Section by this amendatory 
Act of the 103rd General Assembly apply to actions filed on or 
after the effective date of this amendatory Act of the 103rd 
General Assembly. 
(Source: P.A. 94-670, eff. 8-23-05.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.