Public Act 098-0795
 
HB5892 EnrolledLRB098 18523 OMW 55678 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 school nurse 
administration. 

    (a) For the purpose of this Section only, the following 
terms shall have the meanings set forth below In this Section:

    "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 medical device for immediate 
self-administration by a person at risk of anaphylaxis.

    "Asthma medication Medication" means a medicine, 
prescribed by (i) a physician
licensed to practice medicine in 
all its branches,
(ii) a physician assistant who has been 
delegated the authority to prescribe
asthma
medications by his 
or her supervising physician, or (iii) an advanced practice

registered nurse who has a written
collaborative agreement with 
a collaborating physician that delegates the
authority
to 
prescribe asthma medications,
for a pupil that pertains to the 
pupil's
asthma and that has an individual prescription label.

    "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 
and ability to carry 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 
physician assistant who has been delegated the authority to 
prescribe asthma medications or epinephrine auto-injectors by 
his or her supervising physician, or (iii) an advanced practice 
nurse who has a collaborative agreement with a collaborating 
physician that delegates authority to issue a standing protocol 
for asthma medications or epinephrine auto-injectors. 
    "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 use 
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 use of an epinephrine auto-injector, written 
    authorization from the pupil's physician, physician 
    assistant, or advanced practice registered 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 use of an epinephrine 
    auto-injector, a
written
statement from the pupil's 
    physician, physician assistant, or advanced practice

    registered 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 an 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 an 
epinephrine auto-injector 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 Epinephrine 
auto-injector; and (iii) administer an undesignated 
epinephrine auto-injector to any person student that the school 
nurse or trained personnel in good faith professionally 
believes is having an anaphylactic reaction. 
    (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 
self-administration of asthma medication or use of an 
epinephrine auto-injector regardless of whether authorization 
was given by the pupil's parents or guardians or by the pupil's 
physician, physician physician's assistant, or advanced 
practice registered 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 self-administration of asthma medication or use 
of an epinephrine auto-injector regardless of whether 
authorization was given by the pupil's parents or guardians or 
by the pupil's physician, physician physician's assistant, or 
advanced practice registered 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 self-administration 
of asthma medication or use of an epinephrine auto-injector 
regardless of whether authorization was given by the pupil's 
parents or guardians or by the pupil's physician, physician 
physician's assistant, or advanced practice registered nurse.
    (c-5) Upon the effective date of this amendatory Act of the 
98th General Assembly, when When a school nurse or trained 
personnel administers an undesignated epinephrine 
auto-injector to a person student whom the school  nurse or 
trained personnel in good faith professionally believes is 
having an anaphylactic reaction, 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 including a physician, a physician assistant, 
or an advanced practice  nurse providing standing protocol or 
prescription for undesignated 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 use of an undesignated 
epinephrine auto-injector regardless of whether authorization 
was given by the pupil's parents or guardians or by the pupil's 
physician, physician physician's assistant, or advanced 
practice registered nurse.

    (d) The permission for self-administration and self-carry 
of asthma medication or the self-administration and self-carry 
use 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 possess and use his or her asthma medication or a 
pupil may self-administer and self-carry possess and use 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. 
    (f) The school district, public school, or nonpublic school 
may maintain at a school in a locked, secure location 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 for asthma medication or epinephrine auto-injectors 
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 for asthma medication or 
epinephrine auto-injectors 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 or nonpublic school supply of epinephrine 
auto-injectors may be provided to and utilized by any student 
authorized to self-administer that meets the prescription on 
file or by 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 prescription on file. When a student does not 
have an epinephrine auto-injector or a prescription for an 
epinephrine auto-injector on file, the school nurse may utilize 
the school district or nonpublic school supply of epinephrine 
auto-injectors to respond to anaphylactic reaction, under a 
standing protocol from a physician licensed to practice 
medicine in all its branches and the requirements of this 
Section. 
    (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.
    (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 advance practice nurse who provided the 
standing protocol or prescription for the undesignated 
epinephrine auto-injector of its use. 
    (g) Prior to the administration of an undesignated 
epinephrine auto-injector, trained personnel must submit to 
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 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.
    (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 Board 
shall make available resource materials consistent with 
criteria in this subsection (h) for educating trained personnel 
to recognize and respond to anaphylaxis.  The 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 Board is not required to 
create new resource materials.  The Board shall make these 
resource materials available on its Internet website.
    (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 Board in a form and 
manner prescribed by the 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 Board.
    (j) By October 1, 2015 and every year thereafter, the 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 Board's Internet website on the date the 
report is delivered to the General Assembly.
    (k) The Board may adopt rules necessary to implement this 
Section. 
(Source: P.A. 96-1460, eff. 8-20-10; 97-361, eff. 8-15-11.)

 
    Section 99. Effective date. This Act takes effect August 1, 
2014.