HB4462 EnrolledLRB099 16680 NHT 41018 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Epinephrine Auto-Injector Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Administer" means to directly apply an epinephrine
8auto-injector to the body of an individual.
9    "Authorized entity" means any entity or organization,
10other than a school covered under Section 22-30 of the School
11Code, in connection with or at which allergens capable of
12causing anaphylaxis may be present, including, but not limited
13to, independent contractors who provide student transportation
14to schools, recreation camps, colleges and universities, day
15care facilities, youth sports leagues, amusement parks,
16restaurants, sports arenas, and places of employment. The
17Department shall, by rule, determine what constitutes a day
18care facility under this definition.
19    "Department" means the Department of Public Health.
20    "Epinephrine auto-injector" means a single-use device used
21for the automatic injection of a pre-measured dose of
22epinephrine into the human body.
23    "Health care practitioner" means a physician licensed to

 

 

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1practice medicine in all its branches under the Medical
2Practice Act of 1987, a physician assistant under the Physician
3Assistant Practice Act of 1987 with prescriptive authority, or
4an advanced practice nurse with prescribing authority under
5Article 65 of the Nurse Practice Act.
6    "Pharmacist" has the meaning given to that term under
7subsection (k-5) of Section 3 of the Pharmacy Practice Act.
8    "Undesignated epinephrine auto-injector" means an
9epinephrine auto-injector prescribed in the name of an
10authorized entity.
 
11    Section 10. Prescription to authorized entity; use;
12training.
13    (a) A health care practitioner may prescribe epinephrine
14auto-injectors in the name of an authorized entity for use in
15accordance with this Act, and pharmacists and health care
16practitioners may dispense epinephrine auto-injectors pursuant
17to a prescription issued in the name of an authorized entity.
18Such prescriptions shall be valid for a period of 2 years.
19    (b) An authorized entity may acquire and stock a supply of
20undesignated epinephrine auto-injectors pursuant to a
21prescription issued under subsection (a) of this Section. Such
22undesignated epinephrine auto-injectors shall be stored in a
23location readily accessible in an emergency and in accordance
24with the instructions for use of the epinephrine
25auto-injectors. The Department may establish any additional

 

 

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1requirements an authorized entity must follow under this Act.
2    (c) An employee or agent of an authorized entity or other
3individual who has completed training under subsection (d) of
4this Section may:
5        (1) provide an epinephrine auto-injector to any
6    individual on the property of the authorized entity whom
7    the employee, agent, or other individual believes in good
8    faith is experiencing anaphylaxis, or to the parent,
9    guardian, or caregiver of such individual, for immediate
10    administration, regardless of whether the individual has a
11    prescription for an epinephrine auto-injector or has
12    previously been diagnosed with an allergy; or
13        (2) administer an epinephrine auto-injector to any
14    individual on the property of the authorized entity whom
15    the employee, agent, or other individual believes in good
16    faith is experiencing anaphylaxis, regardless of whether
17    the individual has a prescription for an epinephrine
18    auto-injector or has previously been diagnosed with an
19    allergy.
20    (d) An employee, agent, or other individual authorized must
21complete an anaphylaxis training program before he or she is
22able to provide or administer an epinephrine auto-injector
23under this Section. Such training shall be valid for a period
24of 2 years and shall be conducted by a nationally recognized
25organization experienced in training laypersons in emergency
26health treatment. The Department shall include links to

 

 

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1training providers' websites on its website.
2    Training shall include, but is not limited to:
3        (1) how to recognize signs and symptoms of an allergic
4    reaction, including anaphylaxis;
5        (2) how to administer an epinephrine auto-injector;
6    and
7        (3) a test demonstrating competency of the knowledge
8    required to recognize anaphylaxis and administer an
9    epinephrine auto-injector.
10    Training may also include, but is not limited to:
11        (A) a review of high-risk areas on the authorized
12    entity's property and its related facilities;
13        (B) steps to take to prevent exposure to allergens;
14        (C) emergency follow-up procedures; and
15        (D) other criteria as determined in rules adopted
16    pursuant to this Act.
17    Training may be conducted either online or in person. The
18Department shall approve training programs and list permitted
19training programs on the Department's Internet website.
 
20    Section 15. Costs. Whichever entity initiates the process
21of obtaining undesignated epinephrine auto-injectors and
22providing training to personnel for carrying and administering
23undesignated epinephrine auto-injectors shall pay for the
24costs of the undesignated epinephrine auto-injectors.
 

 

 

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1    Section 20. Limitations. The use of an undesignated
2epinephrine auto-injector in accordance with the requirements
3of this Act does not constitute the practice of medicine or any
4other profession that requires medical licensure.
5    Nothing in this Act shall limit the amount of epinephrine
6auto-injectors that an authorized entity or individual may
7carry or maintain a supply of.
 
8    Section 85. Rulemaking. The Department shall adopt any
9rules necessary to implement and administer this Act.
 
10    Section 87. The State Police Act is amended by adding
11Section 40 as follows:
 
12    (20 ILCS 2610/40 new)
13    Sec. 40. Training; administration of epinephrine.
14    (a) This Section, along with Section 10.19 of the Illinois
15Police Training Act, may be referred to as the Annie LeGere
16Law.
17    (b) For the purposes of this Section, "epinephrine
18auto-injector" means a single-use device used for the automatic
19injection of a pre-measured dose of epinephrine into the human
20body prescribed in the name of the Department.
21    (c) The Department may conduct or approve a training
22program for State Police officers to recognize and respond to
23anaphylaxis, including, but not limited to:

 

 

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1        (1) how to recognize symptoms of an allergic reaction;
2        (2) how to respond to an emergency involving an
3    allergic reaction;
4        (3) how to administer an epinephrine auto-injector;
5        (4) how to respond to an individual with a known
6    allergy as well as an individual with a previously unknown
7    allergy;
8        (5) a test demonstrating competency of the knowledge
9    required to recognize anaphylaxis and administer an
10    epinephrine auto-injector; and
11        (6) other criteria as determined in rules adopted by
12    the Department.
13    (d) The Department may authorize a State Police officer who
14has completed the training program under subsection (c) to
15carry, administer, or assist with the administration of
16epinephrine auto-injectors whenever he or she is performing
17official duties.
18    (e) The Department must establish a written policy to
19control the acquisition, storage, transportation,
20administration, and disposal of epinephrine auto-injectors
21before it allows any State Police officer to carry and
22administer epinephrine auto-injectors.
23    (f) A physician, physician's assistant with prescriptive
24authority, or advanced practice registered nurse with
25prescriptive authority may provide a standing protocol or
26prescription for epinephrine auto-injectors in the name of the

 

 

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1Department to be maintained for use when necessary.
2    (g) When a State Police officer administers epinephrine
3auto-injector in good faith, the officer and the Department,
4and its employees and agents, incur no liability, except for
5willful and wanton conduct, as a result of any injury or death
6arising from the use of an epinephrine auto-injector.
 
7    Section 88. The Illinois Police Training Act is amended by
8adding Section 10.19 as follows:
 
9    (50 ILCS 705/10.19 new)
10    Sec. 10.19. Training; administration of epinephrine.
11    (a) This Section, along with Section 40 of the State Police
12Act, may be referred to as the Annie LeGere Law.
13    (b) For purposes of this Section, "epinephrine
14auto-injector" means a single-use device used for the automatic
15injection of a pre-measured dose of epinephrine into the human
16body prescribed in the name of a local governmental agency.
17    (c) The Board shall conduct or approve an optional advanced
18training program for police officers to recognize and respond
19to anaphylaxis, including the administration of an epinephrine
20auto-injector. The training must include, but is not limited
21to:
22        (1) how to recognize symptoms of an allergic reaction;
23        (2) how to respond to an emergency involving an
24    allergic reaction;

 

 

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1        (3) how to administer an epinephrine auto-injector;
2        (4) how to respond to an individual with a known
3    allergy as well as an individual with a previously unknown
4    allergy;
5        (5) a test demonstrating competency of the knowledge
6    required to recognize anaphylaxis and administer an
7    epinephrine auto-injector; and
8        (6) other criteria as determined in rules adopted by
9    the Board.
10    (d) A local governmental agency may authorize a police
11officer who has completed an optional advanced training program
12under subsection (c) to carry, administer, or assist with the
13administration of epinephrine auto-injectors provided by the
14local governmental agency whenever he or she is performing
15official duties.
16    (e) A local governmental agency that authorizes its
17officers to carry and administer epinephrine auto-injectors
18under subsection (d) must establish a policy to control the
19acquisition, storage, transportation, administration, and
20disposal of epinephrine auto-injectors and to provide
21continued training in the administration of epinephrine
22auto-injectors.
23    (f) A physician, physician's assistant with prescriptive
24authority, or advanced practice registered nurse with
25prescriptive authority may provide a standing protocol or
26prescription for epinephrine auto-injectors in the name of a

 

 

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1local governmental agency to be maintained for use when
2necessary.
3    (g) When a police officer administers an epinephrine
4auto-injector in good faith, the police officer and local
5governmental agency, and its employees and agents, incur no
6liability, except for willful and wanton conduct, as a result
7of any injury or death arising from the use of an epinephrine
8auto-injector.
 
9    Section 90. The School Code is amended by changing Section
1022-30 as follows:
 
11    (105 ILCS 5/22-30)
12    Sec. 22-30. Self-administration and self-carry of asthma
13medication and epinephrine auto-injectors; administration of
14undesignated epinephrine auto-injectors; administration of an
15opioid antagonist.
16    (a) For the purpose of this Section only, the following
17terms shall have the meanings set forth below:
18    "Asthma inhaler" means a quick reliever asthma inhaler.
19    "Epinephrine auto-injector" means a single-use device used
20for the automatic injection of a pre-measured dose of
21epinephrine into the human body.
22    "Asthma medication" means a medicine, prescribed by (i) a
23physician licensed to practice medicine in all its branches,
24(ii) a licensed physician assistant with prescriptive

 

 

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1authority, or (iii) a licensed advanced practice nurse with
2prescriptive authority for a pupil that pertains to the pupil's
3asthma and that has an individual prescription label.
4    "Opioid antagonist" means a drug that binds to opioid
5receptors and blocks or inhibits the effect of opioids acting
6on those receptors, including, but not limited to, naloxone
7hydrochloride or any other similarly acting drug approved by
8the U.S. Food and Drug Administration.
9    "School nurse" means a registered nurse working in a school
10with or without licensure endorsed in school nursing.
11    "Self-administration" means a pupil's discretionary use of
12his or her prescribed asthma medication or epinephrine
13auto-injector.
14    "Self-carry" means a pupil's ability to carry his or her
15prescribed asthma medication or epinephrine auto-injector.
16    "Standing protocol" may be issued by (i) a physician
17licensed to practice medicine in all its branches, (ii) a
18licensed physician assistant with prescriptive authority, or
19(iii) a licensed advanced practice nurse with prescriptive
20authority.
21    "Trained personnel" means any school employee or volunteer
22personnel authorized in Sections 10-22.34, 10-22.34a, and
2310-22.34b of this Code who has completed training under
24subsection (g) of this Section to recognize and respond to
25anaphylaxis.
26    "Undesignated epinephrine auto-injector" means an

 

 

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

 

 

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

 

 

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1meets the prescription on file to any student who has an
2Individual Health Care Action Plan, Illinois Food Allergy
3Emergency Action Plan and Treatment Authorization Form, or plan
4pursuant to Section 504 of the federal Rehabilitation Act of
51973 that authorizes the use of an epinephrine auto-injector;
6(iii) administer an undesignated epinephrine auto-injector to
7any person that the school nurse or trained personnel in good
8faith believes is having an anaphylactic reaction; and (iv)
9administer an opioid antagonist to any person that the school
10nurse or trained personnel in good faith believes is having an
11opioid overdose.
12    (c) The school district, public school, or nonpublic school
13must inform the parents or guardians of the pupil, in writing,
14that the school district, public school, or nonpublic school
15and its employees and agents, including a physician, physician
16assistant, or advanced practice nurse providing standing
17protocol or prescription for school epinephrine
18auto-injectors, are to incur no liability or professional
19discipline, except for willful and wanton conduct, as a result
20of any injury arising from the administration of asthma
21medication, an epinephrine auto-injector, or an opioid
22antagonist regardless of whether authorization was given by the
23pupil's parents or guardians or by the pupil's physician,
24physician assistant, or advanced practice nurse. The parents or
25guardians of the pupil must sign a statement acknowledging that
26the school district, public school, or nonpublic school and its

 

 

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

 

 

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1a physician assistant, or an advanced practice nurse providing
2standing protocol or prescription for undesignated epinephrine
3auto-injectors, are to incur no liability or professional
4discipline, except for willful and wanton conduct, as a result
5of any injury arising from the use of an undesignated
6epinephrine auto-injector or the use of an opioid antagonist
7regardless of whether authorization was given by the pupil's
8parents or guardians or by the pupil's physician, physician
9assistant, or advanced practice nurse.
10    (d) The permission for self-administration and self-carry
11of asthma medication or the self-administration and self-carry
12of an epinephrine auto-injector is effective for the school
13year for which it is granted and shall be renewed each
14subsequent school year upon fulfillment of the requirements of
15this Section.
16    (e) Provided that the requirements of this Section are
17fulfilled, a pupil with asthma may self-administer and
18self-carry his or her asthma medication or a pupil may
19self-administer and self-carry an epinephrine auto-injector
20(i) while in school, (ii) while at a school-sponsored activity,
21(iii) while under the supervision of school personnel, or (iv)
22before or after normal school activities, such as while in
23before-school or after-school care on school-operated property
24or while being transported on a school bus.
25    (e-5) Provided that the requirements of this Section are
26fulfilled, a school nurse or trained personnel may administer

 

 

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

 

 

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1most at risk, including, but not limited to, classrooms and
2lunchrooms. A physician, a physician assistant who has been
3delegated prescriptive authority in accordance with Section
47.5 of the Physician Assistant Practice Act of 1987, or an
5advanced practice nurse who has been delegated prescriptive
6authority in accordance with Section 65-40 of the Nurse
7Practice Act may prescribe undesignated epinephrine
8auto-injectors in the name of the school district, public
9school, or nonpublic school to be maintained for use when
10necessary. Any supply of epinephrine auto-injectors shall be
11maintained in accordance with the manufacturer's instructions.
12    The school district, public school, or nonpublic school may
13maintain a supply of an opioid antagonist in any secure
14location where an individual may have an opioid overdose. A
15health care professional who has been delegated prescriptive
16authority for opioid antagonists in accordance with Section
175-23 of the Alcoholism and Other Drug Abuse and Dependency Act
18may prescribe opioid antagonists in the name of the school
19district, public school, or nonpublic school, to be maintained
20for use when necessary. Any supply of opioid antagonists shall
21be maintained in accordance with the manufacturer's
22instructions.
23    (f-3) Whichever entity initiates the process of obtaining
24undesignated epinephrine auto-injectors and providing training
25to personnel for carrying and administering undesignated
26epinephrine auto-injectors shall pay for the costs of the

 

 

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1undesignated epinephrine auto-injectors.
2    (f-5) Upon any administration of an epinephrine
3auto-injector, a school district, public 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, or nonpublic school must immediately
8activate the EMS system and notify the student's parent,
9guardian, or emergency contact, if known.
10    (f-10) Within 24 hours of the administration of an
11undesignated epinephrine auto-injector, a school district,
12public school, or nonpublic school must notify the physician,
13physician assistant, or advanced advance practice nurse who
14provided the standing protocol or prescription for the
15undesignated epinephrine auto-injector of its use.
16    Within 24 hours after the administration of an opioid
17antagonist, a school district, public school, or nonpublic
18school must notify the health care professional who provided
19the prescription for the opioid antagonist of its use.
20    (g) Prior to the administration of an undesignated
21epinephrine auto-injector, trained personnel must submit to
22their his or her school's administration proof of completion of
23a training curriculum to recognize and respond to anaphylaxis
24that meets the requirements of subsection (h) of this Section.
25Training must be completed annually. Trained personnel must
26also submit to his or her school's administration proof of

 

 

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1cardiopulmonary resuscitation and automated external
2defibrillator certification. The school district, public
3school, or nonpublic school must maintain records related to
4the training curriculum and trained personnel.
5    Prior to the administration of an opioid antagonist,
6trained personnel must submit to their school's administration
7proof of completion of a training curriculum to recognize and
8respond to an opioid overdose, which curriculum must meet the
9requirements of subsection (h-5) of this Section. Training must
10be completed annually. Trained personnel must also submit to
11the school's administration proof of cardiopulmonary
12resuscitation and automated external defibrillator
13certification. The school district, public school, or
14nonpublic school must maintain records relating to the training
15curriculum and the trained personnel.
16    (h) A training curriculum to recognize and respond to
17anaphylaxis, including the administration of an undesignated
18epinephrine auto-injector, may be conducted online or in
19person.
20    Training shall include, but is not limited to:
21        (1) how to recognize signs and symptoms of an allergic
22    reaction, including anaphylaxis;
23        (2) how to administer an epinephrine auto-injector;
24    and
25        (3) a test demonstrating competency of the knowledge
26    required to recognize anaphylaxis and administer an

 

 

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1    epinephrine auto-injector.
2    Training may also include, but is not limited to:
3        (A) a review of high-risk areas within a school and its
4    related facilities;
5        (B) steps to take to prevent exposure to allergens;
6        (C) emergency follow-up procedures;
7        (D) how to respond to a student with a known allergy,
8    as well as a student with a previously unknown allergy; and
9        (E) other criteria as determined in rules adopted
10    pursuant to this Section. It must include, but is not
11    limited to:
12        (1) how to recognize symptoms of an allergic reaction;
13        (2) a review of high-risk areas within the school and
14    its related facilities;
15        (3) steps to take to prevent exposure to allergens;
16        (4) how to respond to an emergency involving an
17    allergic reaction;
18        (5) how to administer an epinephrine auto-injector;
19        (6) how to respond to a student with a known allergy as
20    well as a student with a previously unknown allergy;
21        (7) a test demonstrating competency of the knowledge
22    required to recognize anaphylaxis and administer an
23    epinephrine auto-injector; and
24        (8) other criteria as determined in rules adopted
25    pursuant to this Section.
26    In consultation with statewide professional organizations

 

 

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1representing physicians licensed to practice medicine in all of
2its branches, registered nurses, and school nurses, the State
3Board of Education shall make available resource materials
4consistent with criteria in this subsection (h) for educating
5trained personnel to recognize and respond to anaphylaxis. The
6State Board may take into consideration the curriculum on this
7subject developed by other states, as well as any other
8curricular materials suggested by medical experts and other
9groups that work on life-threatening allergy issues. The State
10Board is not required to create new resource materials. The
11State Board shall make these resource materials available on
12its Internet website.
13    (h-5) A training curriculum to recognize and respond to an
14opioid overdose, including the administration of an opioid
15antagonist, may be conducted online or in person. The training
16must comply with any training requirements under Section 5-23
17of the Alcoholism and Other Drug Abuse and Dependency Act and
18the corresponding rules. It must include, but is not limited
19to:
20        (1) how to recognize symptoms of an opioid overdose;
21        (2) information on drug overdose prevention and
22    recognition;
23        (3) how to perform rescue breathing and resuscitation;
24        (4) how to respond to an emergency involving an opioid
25    overdose;
26        (5) opioid antagonist dosage and administration;

 

 

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1        (6) the importance of calling 911;
2        (7) care for the overdose victim after administration
3    of the overdose antagonist;
4        (8) a test demonstrating competency of the knowledge
5    required to recognize an opioid overdose and administer a
6    dose of an opioid antagonist; and
7        (9) other criteria as determined in rules adopted
8    pursuant to this Section.
9    (i) Within 3 days after the administration of an
10undesignated epinephrine auto-injector by a school nurse,
11trained personnel, or a student at a school or school-sponsored
12activity, the school must report to the State Board of
13Education in a form and manner prescribed by the State Board
14the following information:
15        (1) age and type of person receiving epinephrine
16    (student, staff, visitor);
17        (2) any previously known diagnosis of a severe allergy;
18        (3) trigger that precipitated allergic episode;
19        (4) location where symptoms developed;
20        (5) number of doses administered;
21        (6) type of person administering epinephrine (school
22    nurse, trained personnel, student); and
23        (7) any other information required by the State Board.
24    If a school district, public school, or nonpublic school
25maintains or has an independent contractor providing
26transportation to students who maintains a supply of

 

 

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1undesignated epinephrine auto-injectors, then the school
2district, public school, or nonpublic school must report that
3information to the State Board of Education upon adoption or
4change of the policy of the school district, public school,
5nonpublic school, or independent contractor, in a manner as
6prescribed by the State Board. The report must include the
7number of undesignated epinephrine auto-injectors in supply.
8    (i-5) Within 3 days after the administration of an opioid
9antagonist by a school nurse or trained personnel, the school
10must report to the State Board, in a form and manner prescribed
11by the State Board, the following information:
12        (1) the age and type of person receiving the opioid
13    antagonist (student, staff, or visitor);
14        (2) the location where symptoms developed;
15        (3) the type of person administering the opioid
16    antagonist (school nurse or trained personnel); and
17        (4) any other information required by the State Board.
18    (j) By October 1, 2015 and every year thereafter, the State
19Board of Education shall submit a report to the General
20Assembly identifying the frequency and circumstances of
21epinephrine administration during the preceding academic year.
22Beginning with the 2017 report, the report shall also contain
23information on which school districts, public schools, and
24nonpublic schools maintain or have independent contractors
25providing transportation to students who maintain a supply of
26undesignated epinephrine auto-injectors. This report shall be

 

 

HB4462 Enrolled- 24 -LRB099 16680 NHT 41018 b

1published on the State Board's Internet website on the date the
2report is delivered to the General Assembly.
3    On or before October 1, 2016 and every year thereafter, the
4State Board shall submit a report to the General Assembly and
5the Department of Public Health identifying the frequency and
6circumstances of opioid antagonist administration during the
7preceding academic year. This report shall be published on the
8State Board's Internet website on the date the report is
9delivered to the General Assembly.
10    (k) The State Board of Education may adopt rules necessary
11to implement this Section.
12    (l) Nothing in this Section shall limit the amount of
13epinephrine auto-injectors that any type of school or student
14may carry or maintain a supply of.
15(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
1699-480, eff. 9-9-15; revised 10-13-15.)
 
17    Section 95. The Illinois Food, Drug and Cosmetic Act is
18amended by changing Section 3.21 as follows:
 
19    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
20    Sec. 3.21. Except as authorized by this Act, the Illinois
21Controlled Substances Act, the Pharmacy Practice Act, the
22Dental Practice Act, the Medical Practice Act of 1987, the
23Veterinary Medicine and Surgery Practice Act of 2004, the
24Podiatric Medical Practice Act of 1987, or Section 22-30 of the

 

 

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1School Code, Section 40 of the State Police Act, Section 10.19
2of the Illinois Police Training Act, or the Epinephrine
3Auto-Injector Act, to sell or dispense a prescription drug
4without a prescription.
5(Source: P.A. 99-78, eff. 7-20-15.)
 
6    Section 100. The State Mandates Act is amended by adding
7Section 8.40 as follows:
 
8    (30 ILCS 805/8.40 new)
9    Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8
10of this Act, no reimbursement by the State is required for the
11implementation of any mandate created by Section 40 of the
12State Police Act and Section 10.19 of the Illinois Police
13Training Act.