HB0102ham001 102ND GENERAL ASSEMBLY

Rep. Jonathan Carroll

Filed: 4/15/2021

10200HB0102ham001 LRB102 04076 CPF 25142 a

AMENDMENT TO HOUSE BILL 102

AMENDMENT NO. ______. Amend House Bill 102 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Childhood Anaphylactic Policy Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"State Board" means the State Board of Education.

Section 10. Anaphylactic policy for school districts and day care centers.

(a) The Department, in consultation with the State Board, shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be followed both for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The policy shall be developed after consultation with representatives of pediatric physicians, school nurses, other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, school administrators, teachers, school food service directors, and appropriate not-for-profit corporations representing allergic individuals at risk for anaphylaxis.

(b) The Department, in consultation with the Department of Children and Family Services, shall establish an anaphylactic policy for day care centers setting forth guidelines and procedures to be followed both for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The policy shall be developed after consultation with representatives of pediatric physicians and other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, day care administrators and personnel, and appropriate not-for-profit corporations representing allergic individuals at risk for anaphylaxis. The Department, in consultation with the Department of Children and Family Services, shall create informational materials detailing the anaphylactic policy to be distributed to day care centers.

(c) In establishing policies under this Section, the Department shall consider existing requirements and current and best practices for schools and day care centers regarding allergies and anaphylaxis. The Department shall also consider the voluntary guidelines for managing food allergies in schools and early care and education programs issued by the United States Department of Health and Human Services, to the extent appropriate for the setting.

(d) The Department shall create informational materials detailing the anaphylactic policies under this Section and distribute them to the school boards of school districts, charter schools, and day care centers. The Department shall make the materials available on the Department's website.

Section 15. Policy requirements. The anaphylactic policies established under Section 10 of this Act shall include the following:

(1) A procedure and treatment plan, including emergency protocols and responsibilities for school nurses and other appropriate school and day care personnel, for responding to anaphylaxis.

(2) A training course for appropriate school and day care personnel on preventing and responding to anaphylaxis. The Department shall, in consultation with the Department of Children and Family Services and the State Board, consider existing training programs for responding to anaphylaxis in order to avoid duplicative training requirements. A preexisting program shall fulfill the requirement for a training course pursuant to this paragraph if the standards of the preexisting program are deemed by the Department to be at least as stringent as the standards adopted by the Department in the development of the training course by the State.

(3) A procedure and appropriate guidelines for the development of an individualized emergency health care plan for children with a food or other allergy that could result in anaphylaxis.

(4) A communication plan for intake and dissemination of information provided by the State regarding children with a food or other allergy that could result in anaphylaxis, including a discussion of methods, treatments, and therapies to reduce the risk of allergic reactions, including anaphylaxis.

(5) Strategies for reducing the risk of exposure to anaphylactic causative agents, including food and other allergens.

(6) A communication plan for discussion with children that have developed adequate verbal communication and comprehension skills and with the parents or guardians of all children about foods that are safe and unsafe and about strategies to avoid exposure to unsafe food.

Section 20. Notification. At least once each calendar year, schools and day care centers shall send a notification to the parents or guardians of all children under the care of the schools or day care centers to make them aware of the anaphylactic policies, as developed by the Department. For children under the care of day care centers, the notification shall be provided by the day care center when the child is enrolled and annually thereafter. The notification shall include contact information for parents and guardians to engage further with the school or day care center to learn more about individualized aspects of the policies.

Section 25. Forwarding; implementation. At least 6 months after the effective date of this Act, the anaphylactic policies established under Section 10 shall be jointly forwarded by the Department and the State Board or the Department of Children and Family Services, as appropriate, to each school board of a school district, charter school, and day care center in the State. Each such entity shall implement or update, as appropriate, its anaphylactic policy in accordance with those developed by the State within 6 months after receiving the anaphylactic policies.

Section 30. Updating anaphylactic policies. The anaphylactic policies established under Section 10 shall be updated at least once every 3 years or more frequently if the Department determines it to be necessary or desirable for the protection of children with a food allergy or other allergy that could result in anaphylaxis.

Section 35. The Child Care Act of 1969 is amended by adding Section 5.11 as follows:

(225 ILCS 10/5.11 new)

Sec. 5.11. Plan for anaphylactic shock. The Department shall require each licensed day care center, day care home, and group day care home to have a plan for anaphylactic shock to be followed for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The plan should be based on the guidance and recommendations provided by the American Academy of Pediatrics relating to the management of food allergies or other allergies. The plan should be shared with parents or guardians upon enrollment at each licensed day care center, day care home, and group day care home. If a child requires specific specialized treatment during an episode of anaphylaxis, that child's treatment plan should be kept by the staff of the day care center, day care home, or group day care home and followed in the event of an emergency. Each licensed day care center, day care home, and group day care home shall have at least one staff member present at all times who has taken a training course in recognizing and responding to anaphylaxis.

Section 99. Effective date. This Act takes effect July 1, 2021.".