SB3051 EngrossedLRB104 16562 LNS 29960 b

1    AN ACT concerning education.
 
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. Administration and carry of
8Self-administration and self-carry of asthma medication and
9epinephrine injectors; administration of undesignated
10epinephrine injectors; administration of an opioid antagonist;
11administration of undesignated asthma medication; supply of
12undesignated oxygen tanks; asthma episode emergency response
13protocol.
14    (a) For the purpose of this Section only, the following
15terms shall have the meanings set forth below:
16    "Asthma action plan" means a written plan developed with a
17pupil's medical provider to help control the pupil's asthma.
18The goal of an asthma action plan is to reduce or prevent
19flare-ups and emergency department visits through day-to-day
20management and to serve as a student-specific document to be
21referenced in the event of an asthma episode.
22    "Asthma episode emergency response protocol" means a
23procedure to provide assistance to a pupil experiencing

 

 

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1symptoms of wheezing, coughing, shortness of breath, chest
2tightness, or breathing difficulty.
3    "Epinephrine injector" includes an auto-injector approved
4by the United States Food and Drug Administration for the
5administration of epinephrine and a pre-filled syringe
6approved by the United States Food and Drug Administration and
7used for the administration of epinephrine that contains a
8pre-measured dose of epinephrine that is equivalent to the
9dosages used in an auto-injector.
10    "Asthma medication" means quick-relief asthma medication,
11including albuterol or other short-acting bronchodilators,
12that is approved by the United States Food and Drug
13Administration for the treatment of respiratory distress.
14"Asthma medication" includes medication delivered through a
15device, including a metered dose inhaler with a reusable or
16disposable spacer or a nebulizer with a mouthpiece or mask.
17    "Opioid antagonist" means a drug that binds to opioid
18receptors and blocks or inhibits the effect of opioids acting
19on those receptors, including, but not limited to, naloxone
20hydrochloride or any other similarly acting drug approved by
21the U.S. Food and Drug Administration.
22    "Respiratory distress" means the perceived or actual
23presence of wheezing, coughing, shortness of breath, chest
24tightness, breathing difficulty, or any other symptoms
25consistent with asthma. Respiratory distress may be
26categorized as "mild-to-moderate" or "severe".

 

 

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1    "School nurse" means a registered nurse working in a
2school with or without licensure endorsed in school nursing.
3    "Self-administration" means a pupil's discretionary use of
4his or her prescribed asthma medication or epinephrine
5injector.
6    "Self-carry" means a pupil's ability to carry his or her
7prescribed asthma medication or epinephrine injector.
8    "Standing protocol" may be issued by (i) a physician
9licensed to practice medicine in all its branches, (ii) a
10licensed physician assistant with prescriptive authority, or
11(iii) a licensed advanced practice registered nurse with
12prescriptive authority.
13    "Trained personnel" means any school employee or volunteer
14personnel authorized in Sections 10-22.34, 10-22.34a, and
1510-22.34b of this Code who has completed training under
16subsection (g) of this Section to recognize and respond to
17anaphylaxis, an opioid overdose, or respiratory distress, or a
18severe hypoglycemia emergency.
19    "Undesignated asthma medication" means asthma medication
20prescribed in the name of a school district, public school,
21charter school, or nonpublic school.
22    "Undesignated epinephrine injector" means an epinephrine
23injector prescribed in the name of a school district, public
24school, charter school, or nonpublic school.
25    "Undesignated glucagon" means a glucagon rescue therapy
26approved by the United States Food and Drug Administration and

 

 

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1prescribed in the name of a school district, public school,
2charter school, or nonpublic school for the treatment of
3severe hypoglycemia in a dosage form that can be rapidly
4administered to a person in an emergency, including prefilled
5or nasally administered glucagon.
6    (b) A school, whether public, charter, or nonpublic, must
7permit the self-administration and self-carry of asthma
8medication by a pupil with asthma or the self-administration
9and self-carry of an epinephrine injector by a pupil, provided
10that:
11        (1) the parents or guardians of the pupil provide to
12    the school (i) written authorization from the parents or
13    guardians for (A) the self-administration and self-carry
14    of asthma medication or (B) the self-carry of asthma
15    medication or (ii) for (A) the self-administration and
16    self-carry of an epinephrine injector or (B) the
17    self-carry of an epinephrine injector, written
18    authorization from the pupil's physician, physician
19    assistant, or advanced practice registered nurse; and
20        (2) the parents or guardians of the pupil provide to
21    the school (i) the prescription label, which must contain
22    the name of the asthma medication, the prescribed dosage,
23    and the time at which or circumstances under which the
24    asthma medication is to be administered, or (ii) for the
25    self-administration or self-carry of an epinephrine
26    injector, a written statement from the pupil's physician,

 

 

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1    physician assistant, or advanced practice registered nurse
2    containing the following information:
3            (A) the name and purpose of the epinephrine
4        injector;
5            (B) the prescribed dosage; and
6            (C) the time or times at which or the special
7        circumstances under which the epinephrine injector is
8        to be administered.
9The information provided shall be kept on file in the office of
10the school nurse or, in the absence of a school nurse, the
11school's administrator.
12    (b-5) A school district, public school, charter school, or
13nonpublic school may authorize the provision of a
14student-specific or undesignated epinephrine injector to a
15student or any personnel authorized under a student's
16Individual Health Care Action Plan, allergy emergency action
17plan, or plan pursuant to Section 504 of the federal
18Rehabilitation Act of 1973 to administer an epinephrine
19injector to the student, that meets the student's prescription
20on file.
21    (b-10) The school district, public school, charter school,
22or nonpublic school may authorize a school nurse or trained
23personnel to do the following: (i) provide an undesignated
24epinephrine injector to a student for self-administration only
25or any personnel authorized under a student's Individual
26Health Care Action Plan, allergy emergency action plan, plan

 

 

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1pursuant to Section 504 of the federal Rehabilitation Act of
21973, or individualized education program plan to administer
3to the student that meets the student's prescription on file;
4(ii) administer an undesignated epinephrine injector that
5meets the prescription on file to any student who has an
6Individual Health Care Action Plan, allergy emergency action
7plan, plan pursuant to Section 504 of the federal
8Rehabilitation Act of 1973, or individualized education
9program plan that authorizes the use of an epinephrine
10injector; (iii) administer an undesignated epinephrine
11injector to any person that the school nurse or trained
12personnel in good faith believes is having an anaphylactic
13reaction; (iv) administer an opioid antagonist to any person
14that the school nurse or trained personnel in good faith
15believes is having an opioid overdose; (v) provide
16undesignated asthma medication to a student for
17self-administration only or to any personnel authorized under
18a student's Individual Health Care Action Plan or asthma
19action plan, plan pursuant to Section 504 of the federal
20Rehabilitation Act of 1973, or individualized education
21program plan to administer to the student that meets the
22student's prescription on file; (vi) administer undesignated
23asthma medication that meets the prescription on file to any
24student who has an Individual Health Care Action Plan or
25asthma action plan, plan pursuant to Section 504 of the
26federal Rehabilitation Act of 1973, or individualized

 

 

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1education program plan that authorizes the use of asthma
2medication; and (vii) administer undesignated asthma
3medication to any person that the school nurse or trained
4personnel believes in good faith is having respiratory
5distress; (viii) provide undesignated glucagon to any
6personnel authorized under a student's Individual Health Care
7Action Plan, in accordance with the student's prescriber's
8order or Section 504 plan, individualized education program,
9or other written accommodations plan, to administer glucagon
10to the student; and (ix) administer undesignated glucagon to a
11student in accordance with the student's prescriber's order,
12Individual Health Care Action Plan, or Section 504 plan,
13individualized education program, or other written
14accommodations plan that authorizes the use of glucagon.
15    (c) The school district, public school, charter school, or
16nonpublic school must inform the parents or guardians of the
17pupil, in writing, that the school district, public school,
18charter school, or nonpublic school and its employees and
19agents, including a physician, physician assistant, or
20advanced practice registered nurse providing standing protocol
21and a prescription for school epinephrine injectors, an opioid
22antagonist, or undesignated asthma medication, or undesignated
23glucagon are to incur no liability or professional discipline,
24except for willful and wanton conduct, as a result of any
25injury arising from the administration of asthma medication,
26an epinephrine injector, or an opioid antagonist, or glucagon,

 

 

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1regardless of whether authorization was given by the pupil's
2parents or guardians or by the pupil's physician, physician
3assistant, or advanced practice registered nurse. The parents
4or guardians of the pupil must sign a statement acknowledging
5that the school district, public school, charter school, or
6nonpublic school and its employees and agents are to incur no
7liability, except for willful and wanton conduct, as a result
8of any injury arising from the administration of asthma
9medication, an epinephrine injector, or an opioid antagonist,
10or glucagon, regardless of whether authorization was given by
11the pupil's parents or guardians or by the pupil's physician,
12physician assistant, or advanced practice registered nurse,
13and that the parents or guardians must indemnify and hold
14harmless the school district, public school, charter school,
15or nonpublic school and its employees and agents against any
16claims, except a claim based on willful and wanton conduct,
17arising out of the administration of asthma medication, an
18epinephrine injector, or an opioid antagonist, or glucagon,
19regardless of whether authorization was given by the pupil's
20parents or guardians or by the pupil's physician, physician
21assistant, or advanced practice registered nurse.
22    (c-5) When a school nurse or trained personnel administers
23an undesignated epinephrine injector to a person whom the
24school nurse or trained personnel in good faith believes is
25having an anaphylactic reaction, administers an opioid
26antagonist to a person whom the school nurse or trained

 

 

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

 

 

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

 

 

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1trained personnel in good faith believes to be having an
2opioid overdose (i) while in school, (ii) while at a
3school-sponsored activity, (iii) while under the supervision
4of school personnel, or (iv) before or after normal school
5activities, such as while in before-school or after-school
6care on school-operated property. A school nurse or trained
7personnel may carry an opioid antagonist on his or her person
8while in school or at a school-sponsored activity.
9    (e-15) If the requirements of this Section are met, a
10school nurse or trained personnel may administer undesignated
11asthma medication to any person whom the school nurse or
12trained personnel in good faith believes to be experiencing
13respiratory distress (i) while in school, (ii) while at a
14school-sponsored activity, (iii) while under the supervision
15of school personnel, or (iv) before or after normal school
16activities, including before-school or after-school care on
17school-operated property. A school nurse or trained personnel
18may carry undesignated asthma medication on his or her person
19while in school or at a school-sponsored activity.
20    (e-20) A school nurse or trained personnel may carry
21undesignated glucagon on his or her person while in school or
22at a school-sponsored activity.
23    (f) The school district, public school, charter school, or
24nonpublic school may maintain a supply of undesignated
25epinephrine injectors in any secure location that is
26accessible before, during, and after school where an allergic

 

 

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1person is most at risk, including, but not limited to,
2classrooms and lunchrooms. A physician, a physician assistant
3who has prescriptive authority in accordance with Section 7.5
4of the Physician Assistant Practice Act of 1987, or an
5advanced practice registered nurse who has prescriptive
6authority in accordance with Section 65-40 of the Nurse
7Practice Act may prescribe undesignated epinephrine injectors
8in the name of the school district, public school, charter
9school, or nonpublic school to be maintained for use when
10necessary. Any supply of epinephrine injectors shall be
11maintained in accordance with the manufacturer's instructions.
12    The school district, public school, charter school, or
13nonpublic school shall maintain a supply of an opioid
14antagonist in any secure location where an individual may have
15an opioid overdose, unless there is a shortage of opioid
16antagonists, in which case the school district, public school,
17charter school, or nonpublic school shall make a reasonable
18effort to maintain a supply of an opioid antagonist. Unless
19the school district, public school, charter school, or
20nonpublic school is able to obtain opioid antagonists without
21a prescription, a health care professional who has been
22delegated prescriptive authority for opioid antagonists in
23accordance with Section 5-23 of the Substance Use Disorder Act
24shall prescribe opioid antagonists in the name of the school
25district, public school, charter school, or nonpublic school,
26to be maintained for use when necessary. Any supply of opioid

 

 

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1antagonists shall be maintained in accordance with the
2manufacturer's instructions.
3    The school district, public school, charter school, or
4nonpublic school may maintain a supply of asthma medication in
5any secure location that is accessible before, during, or
6after school where a person is most at risk, including, but not
7limited to, a classroom or the nurse's office. A physician, a
8physician assistant who has prescriptive authority under
9Section 7.5 of the Physician Assistant Practice Act of 1987,
10or an advanced practice registered nurse who has prescriptive
11authority under Section 65-40 of the Nurse Practice Act may
12prescribe undesignated asthma medication in the name of the
13school district, public school, charter school, or nonpublic
14school to be maintained for use when necessary. Any supply of
15undesignated asthma medication must be maintained in
16accordance with the manufacturer's instructions.
17    The school district, public school, charter school, or
18nonpublic school may maintain a supply of undesignated
19glucagon in any secure location that is accessible before,
20during, or after school where a person is most at risk,
21including, but not limited to, a classroom or the nurse's
22office. A physician, a physician assistant who has
23prescriptive authority under Section 7.5 of the Physician
24Assistant Practice Act of 1987, or an advanced practice
25registered nurse who has prescriptive authority under Section
2665-40 of the Nurse Practice Act may prescribe undesignated

 

 

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1glucagon in the name of the school district, public school,
2charter school, or nonpublic school to be maintained for use
3when necessary. Any supply of undesignated glucagon must be
4maintained in accordance with the manufacturer's instructions.
5    A school district that provides special educational
6facilities for children with disabilities under Section
714-4.01 of this Code may maintain a supply of undesignated
8oxygen tanks in any secure location that is accessible before,
9during, and after school where a person with developmental
10disabilities is most at risk, including, but not limited to,
11classrooms and lunchrooms. A physician, a physician assistant
12who has prescriptive authority in accordance with Section 7.5
13of the Physician Assistant Practice Act of 1987, or an
14advanced practice registered nurse who has prescriptive
15authority in accordance with Section 65-40 of the Nurse
16Practice Act may prescribe undesignated oxygen tanks in the
17name of the school district that provides special educational
18facilities for children with disabilities under Section
1914-4.01 of this Code to be maintained for use when necessary.
20Any supply of oxygen tanks shall be maintained in accordance
21with the manufacturer's instructions and with the local fire
22department's rules.
23    (f-3) Whichever entity initiates the process of obtaining
24undesignated epinephrine injectors and providing training to
25personnel for carrying and administering undesignated
26epinephrine injectors shall pay for the costs of the

 

 

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1undesignated epinephrine injectors.
2    (f-5) Upon any administration of an epinephrine injector,
3a school district, public school, charter school, or nonpublic
4school must immediately activate the EMS system and notify the
5student's parent, guardian, or emergency contact, if known.
6    Upon any administration of an opioid antagonist, a school
7district, public school, charter school, or nonpublic school
8must immediately activate the EMS system and notify the
9student's parent, guardian, or emergency contact, if known.
10    (f-10) Within 24 hours of the administration of an
11undesignated epinephrine injector, a school district, public
12school, charter school, or nonpublic school must notify the
13physician, physician assistant, or advanced practice
14registered nurse who provided the standing protocol and a
15prescription for the undesignated epinephrine injector of its
16use.
17    Within 24 hours after the administration of an opioid
18antagonist, a school district, public school, charter school,
19or nonpublic school must notify the health care professional
20who provided the prescription for the opioid antagonist of its
21use.
22    Within 24 hours after the administration of undesignated
23asthma medication, a school district, public school, charter
24school, or nonpublic school must notify the student's parent
25or guardian or emergency contact, if known, and the physician,
26physician assistant, or advanced practice registered nurse who

 

 

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1provided the standing protocol and a prescription for the
2undesignated asthma medication of its use. The district or
3school must follow up with the school nurse, if available, and
4may, with the consent of the child's parent or guardian,
5notify the child's health care provider of record, as
6determined under this Section, of its use.
7    Within 24 hours after the administration of undesignated
8glucagon, a school district, public school, charter school, or
9nonpublic school must notify the student's parent or guardian
10or emergency contact, if known, and the physician, physician
11assistant, or advanced practice registered nurse who provided
12the standing protocol and a prescription for the undesignated
13glucagon of its use.
14    (g) Prior to the administration of an undesignated
15epinephrine injector, trained personnel must submit to the
16school's administration proof of completion of a training
17curriculum to recognize and respond to anaphylaxis that meets
18the requirements of subsection (h) of this Section. Training
19must be completed annually. The school district, public
20school, charter school, or nonpublic school must maintain
21records related to the training curriculum and trained
22personnel.
23    Prior to the administration of an opioid antagonist,
24trained personnel must submit to the school's administration
25proof of completion of a training curriculum to recognize and
26respond to an opioid overdose, which curriculum must meet the

 

 

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1requirements of subsection (h-5) of this Section. The school
2district, public school, charter school, or nonpublic school
3must maintain records relating to the training curriculum and
4the trained personnel.
5    Prior to the administration of undesignated asthma
6medication, trained personnel must submit to the school's
7administration proof of completion of a training curriculum to
8recognize and respond to respiratory distress, which must meet
9the requirements of subsection (h-10) of this Section.
10Training must be completed annually, and the school district,
11public school, charter school, or nonpublic school must
12maintain records relating to the training curriculum and the
13trained personnel.
14    Prior to the administration of undesignated glucagon,
15trained personnel must submit to the school's administration
16proof of completion of a training curriculum to recognize and
17respond to severe hypoglycemia emergencies, which must meet
18the requirements of subsection (h-15) of this Section.
19Training must be completed annually, and the school district,
20public school, charter school, or nonpublic school must
21maintain records relating to the training curriculum and the
22trained personnel.
23    (h) A training curriculum to recognize and respond to
24anaphylaxis, including the administration of an undesignated
25epinephrine injector, may be conducted online or in person.
26    Training shall include, but is not limited to:

 

 

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1        (1) how to recognize signs and symptoms of an allergic
2    reaction, including anaphylaxis;
3        (2) how to administer an epinephrine injector; and
4        (3) a test demonstrating competency of the knowledge
5    required to recognize anaphylaxis and administer an
6    epinephrine injector.
7    Training may also include, but is not limited to:
8        (A) a review of high-risk areas within a school and
9    its related facilities;
10        (B) steps to take to prevent exposure to allergens;
11        (C) emergency follow-up procedures, including the
12    importance of calling 9-1-1 or, if 9-1-1 is not available,
13    other local emergency medical services;
14        (D) how to respond to a student with a known allergy,
15    as well as a student with a previously unknown allergy;
16        (E) other criteria as determined in rules adopted
17    pursuant to this Section; and
18        (F) any policy developed by the State Board of
19    Education under Section 2-3.190.
20    In consultation with statewide professional organizations
21representing physicians licensed to practice medicine in all
22of its branches, registered nurses, and school nurses, the
23State Board of Education shall make available resource
24materials consistent with criteria in this subsection (h) for
25educating trained personnel to recognize and respond to
26anaphylaxis. The State Board may take into consideration the

 

 

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1curriculum on this subject developed by other states, as well
2as any other curricular materials suggested by medical experts
3and other groups that work on life-threatening allergy issues.
4The State Board is not required to create new resource
5materials. The State Board shall make these resource materials
6available on its Internet website.
7    (h-5) A training curriculum to recognize and respond to an
8opioid overdose, including the administration of an opioid
9antagonist, may be conducted online or in person. The training
10must comply with any training requirements under Section 5-23
11of the Substance Use Disorder Act and the corresponding rules.
12It must include, but is not limited to:
13        (1) how to recognize symptoms of an opioid overdose;
14        (2) information on drug overdose prevention and
15    recognition;
16        (3) how to perform rescue breathing and resuscitation;
17        (4) how to respond to an emergency involving an opioid
18    overdose;
19        (5) opioid antagonist dosage and administration;
20        (6) the importance of calling 9-1-1 or, if 9-1-1 is
21    not available, other local emergency medical services;
22        (7) care for the overdose victim after administration
23    of the overdose antagonist;
24        (8) a test demonstrating competency of the knowledge
25    required to recognize an opioid overdose and administer a
26    dose of an opioid antagonist; and

 

 

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1        (9) other criteria as determined in rules adopted
2    pursuant to this Section.
3    (h-10) A training curriculum to recognize and respond to
4respiratory distress, including the administration of
5undesignated asthma medication, may be conducted online or in
6person. The training must include, but is not limited to:
7        (1) how to recognize symptoms of respiratory distress
8    and how to distinguish respiratory distress from
9    anaphylaxis;
10        (2) how to respond to an emergency involving
11    respiratory distress;
12        (3) asthma medication dosage and administration;
13        (4) the importance of calling 9-1-1 or, if 9-1-1 is
14    not available, other local emergency medical services;
15        (5) a test demonstrating competency of the knowledge
16    required to recognize respiratory distress and administer
17    asthma medication; and
18        (6) other criteria as determined in rules adopted
19    under this Section.
20    (h-15) A training curriculum to recognize and respond to
21severe hypoglycemia emergencies, including the administration
22of undesignated glucagon, may be conducted online or in
23person. The training must include, but is not limited to:
24        (1) how to recognize the symptoms of severe
25    hypoglycemia emergencies;
26        (2) how to respond to an emergency involving severe

 

 

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1    hypoglycemia;
2        (3) glucagon dosage and administration;
3        (4) the importance of calling 9-1-1 or, if 9-1-1 is
4    not available, other local emergency medical services;
5        (5) a test demonstrating competency of the knowledge
6    required to recognize severe hypoglycemia emergencies and
7    administer glucagon; and
8        (6) other criteria as determined in rules adopted
9    under this Section.
10    (i) Within 3 days after the administration of an
11undesignated epinephrine injector by a school nurse, trained
12personnel, or a student at a school or school-sponsored
13activity, the school must report to the State Board of
14Education in a form and manner prescribed by the State Board
15the following information:
16        (1) age and type of person receiving epinephrine
17    (student, staff, visitor);
18        (2) any previously known diagnosis of a severe
19    allergy;
20        (3) trigger that precipitated allergic episode;
21        (4) location where symptoms developed;
22        (5) number of doses administered;
23        (6) type of person administering epinephrine (school
24    nurse, trained personnel, student); and
25        (7) any other information required by the State Board.
26    If a school district, public school, charter school, or

 

 

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1nonpublic school maintains or has an independent contractor
2providing transportation to students who maintains a supply of
3undesignated epinephrine injectors, then the school district,
4public school, charter school, or nonpublic school must report
5that information to the State Board of Education upon adoption
6or change of the policy of the school district, public school,
7charter school, nonpublic school, or independent contractor,
8in a manner as prescribed by the State Board. The report must
9include the number of undesignated epinephrine injectors in
10supply.
11    (i-5) Within 3 days after the administration of an opioid
12antagonist by a school nurse or trained personnel, the school
13must report to the State Board of Education, in a form and
14manner prescribed by the State Board, the following
15information:
16        (1) the age and type of person receiving the opioid
17    antagonist (student, staff, or visitor);
18        (2) the location where symptoms developed;
19        (3) the type of person administering the opioid
20    antagonist (school nurse or trained personnel); and
21        (4) any other information required by the State Board.
22    (i-10) Within 3 days after the administration of
23undesignated asthma medication by a school nurse, trained
24personnel, or a student at a school or school-sponsored
25activity, the school must report to the State Board of
26Education, on a form and in a manner prescribed by the State

 

 

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1Board of Education, the following information:
2        (1) the age and type of person receiving the asthma
3    medication (student, staff, or visitor);
4        (2) any previously known diagnosis of asthma for the
5    person;
6        (3) the trigger that precipitated respiratory
7    distress, if identifiable;
8        (4) the location of where the symptoms developed;
9        (5) the number of doses administered;
10        (6) the type of person administering the asthma
11    medication (school nurse, trained personnel, or student);
12        (7) the outcome of the asthma medication
13    administration; and
14        (8) any other information required by the State Board.
15    (i-15) Within 3 days after the administration of
16undesignated glucagon by a school nurse or trained personnel,
17the school must report to the State Board of Education, on a
18form and in a manner prescribed by the State Board of
19Education, the following information:
20        (1) the age of the student receiving the undesignated
21    glucagon;
22        (2) any previously known diagnosis of severe
23    hypoglycemia for the person;
24        (3) the trigger that precipitated the severe
25    hypoglycemia emergency, if identifiable;
26        (4) the location of where the symptoms developed;

 

 

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1        (5) the number of doses administered;
2        (6) the type of person administering the undesignated
3    glucagon (school nurse or trained personnel);
4        (7) the outcome of the glucagon administration; and
5        (8) any other information required by the State Board.
6    (j) By October 1, 2015 and every year thereafter, the
7State Board of Education shall submit a report to the General
8Assembly identifying the frequency and circumstances of
9undesignated epinephrine and undesignated asthma medication
10administration during the preceding academic year. Beginning
11with the 2017 report, the report shall also contain
12information on which school districts, public schools, charter
13schools, and nonpublic schools maintain or have independent
14contractors providing transportation to students who maintain
15a supply of undesignated epinephrine injectors. This report
16shall be published on the State Board's Internet website on
17the date the report is delivered to the General Assembly.
18    (j-5) Annually, each school district, public school,
19charter school, or nonpublic school shall request an asthma
20action plan from the parents or guardians of a pupil with
21asthma. If provided, the asthma action plan must be kept on
22file in the office of the school nurse or, in the absence of a
23school nurse, the school administrator. Copies of the asthma
24action plan may be distributed to appropriate school staff who
25interact with the pupil on a regular basis, and, if
26applicable, may be attached to the pupil's federal Section 504

 

 

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1plan or individualized education program plan.
2    (j-10) To assist schools with emergency response
3procedures for asthma, the State Board of Education, in
4consultation with statewide professional organizations with
5expertise in asthma management and a statewide organization
6representing school administrators, shall develop a model
7asthma episode emergency response protocol before September 1,
82016. Each school district, charter school, and nonpublic
9school shall adopt an asthma episode emergency response
10protocol before January 1, 2017 that includes all of the
11components of the State Board's model protocol.
12    (j-15) (Blank).
13    (j-20) On or before October 1, 2016 and every year
14thereafter, the State Board of Education shall submit a report
15to the General Assembly and the Department of Public Health
16identifying the frequency and circumstances of opioid
17antagonist administration during the preceding academic year.
18This report shall be published on the State Board's Internet
19website on the date the report is delivered to the General
20Assembly.
21    (j-25) On or before October 1, 2027 and every year
22thereafter, the State Board of Education shall submit a report
23to the General Assembly and the Department of Public Health
24identifying the frequency and circumstances of undesignated
25glucagon administration during the preceding school year. This
26report shall be published on the State Board's Internet

 

 

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1website on the date the report is delivered to the General
2Assembly.
3    (k) The State Board of Education may adopt rules necessary
4to implement this Section.
5    (l) Nothing in this Section shall limit the amount of
6epinephrine injectors that any type of school or student may
7carry or maintain a supply of.
8(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
9103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
101-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
11for effective date of P.A. 103-542); 103-605, eff. 7-1-24.)