Sen. Suzy Glowiak Hilton
Filed: 5/9/2023
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1 | AMENDMENT TO HOUSE BILL 3428
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2 | AMENDMENT NO. ______. Amend House Bill 3428 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 22-30 as follows:
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6 | (105 ILCS 5/22-30)
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7 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
8 | medication and epinephrine injectors; administration of | ||||||
9 | undesignated epinephrine injectors; administration of an | ||||||
10 | opioid antagonist; administration of undesignated asthma | ||||||
11 | medication; asthma episode emergency response protocol.
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12 | (a) For the purpose of this Section only, the following | ||||||
13 | terms shall have the meanings set forth below:
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14 | "Asthma action plan" means a written plan developed with a | ||||||
15 | pupil's medical provider to help control the pupil's asthma. | ||||||
16 | The goal of an asthma action plan is to reduce or prevent |
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1 | flare-ups and emergency department visits through day-to-day | ||||||
2 | management and to serve as a student-specific document to be | ||||||
3 | referenced in the event of an asthma episode. | ||||||
4 | "Asthma episode emergency response protocol" means a | ||||||
5 | procedure to provide assistance to a pupil experiencing | ||||||
6 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
7 | tightness, or breathing difficulty. | ||||||
8 | "Epinephrine injector" includes an auto-injector approved | ||||||
9 | by the United States Food and Drug Administration for the | ||||||
10 | administration of epinephrine and a pre-filled syringe | ||||||
11 | approved by the United States Food and Drug Administration and | ||||||
12 | used for the administration of epinephrine that contains a | ||||||
13 | pre-measured dose of epinephrine that is equivalent to the | ||||||
14 | dosages used in an auto-injector. | ||||||
15 | "Asthma medication" means quick-relief asthma medication, | ||||||
16 | including albuterol or other short-acting bronchodilators, | ||||||
17 | that is approved by the United States Food and Drug | ||||||
18 | Administration for the treatment of respiratory distress. | ||||||
19 | "Asthma medication" includes medication delivered through a | ||||||
20 | device, including a metered dose inhaler with a reusable or | ||||||
21 | disposable spacer or a nebulizer with a mouthpiece or mask.
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22 | "Opioid antagonist" means a drug that binds to opioid | ||||||
23 | receptors and blocks or inhibits the effect of opioids acting | ||||||
24 | on those receptors, including, but not limited to, naloxone | ||||||
25 | hydrochloride or any other similarly acting drug approved by | ||||||
26 | the U.S. Food and Drug Administration. |
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1 | "Respiratory distress" means the perceived or actual | ||||||
2 | presence of wheezing, coughing, shortness of breath, chest | ||||||
3 | tightness, breathing difficulty, or any other symptoms | ||||||
4 | consistent with asthma. Respiratory distress may be | ||||||
5 | categorized as "mild-to-moderate" or "severe". | ||||||
6 | "School nurse" means a registered nurse working in a | ||||||
7 | school with or without licensure endorsed in school nursing. | ||||||
8 | "Self-administration" means a pupil's discretionary use of | ||||||
9 | his or
her prescribed asthma medication or epinephrine | ||||||
10 | injector.
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11 | "Self-carry" means a pupil's ability to carry his or her | ||||||
12 | prescribed asthma medication or epinephrine injector. | ||||||
13 | "Standing protocol" may be issued by (i) a physician | ||||||
14 | licensed to practice medicine in all its branches, (ii) a | ||||||
15 | licensed physician assistant with prescriptive authority, or | ||||||
16 | (iii) a licensed advanced practice registered nurse with | ||||||
17 | prescriptive authority. | ||||||
18 | "Trained personnel" means any school employee or volunteer | ||||||
19 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
20 | 10-22.34b of this Code who has completed training under | ||||||
21 | subsection (g) of this Section to recognize and respond to | ||||||
22 | anaphylaxis, an opioid overdose, or respiratory distress. | ||||||
23 | "Undesignated asthma medication" means asthma medication | ||||||
24 | prescribed in the name of a school district, public school, | ||||||
25 | charter school, or nonpublic school. | ||||||
26 | "Undesignated epinephrine injector" means an epinephrine |
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1 | injector prescribed in the name of a school district, public | ||||||
2 | school, charter school, or nonpublic school. | ||||||
3 | (b) A school, whether public, charter, or nonpublic, must | ||||||
4 | permit the
self-administration and self-carry of asthma
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5 | medication by a pupil with asthma or the self-administration | ||||||
6 | and self-carry of an epinephrine injector by a pupil, provided | ||||||
7 | that:
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8 | (1) the parents or
guardians of the pupil provide to | ||||||
9 | the school (i) written
authorization from the parents or | ||||||
10 | guardians for (A) the self-administration and self-carry | ||||||
11 | of asthma medication or (B) the self-carry of asthma | ||||||
12 | medication or (ii) for (A) the self-administration and | ||||||
13 | self-carry of an epinephrine injector or (B) the | ||||||
14 | self-carry of an epinephrine injector, written | ||||||
15 | authorization from the pupil's physician, physician | ||||||
16 | assistant, or advanced practice registered nurse; and
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17 | (2) the
parents or guardians of the pupil provide to | ||||||
18 | the school (i) the prescription label, which must contain | ||||||
19 | the name of the asthma medication, the prescribed dosage, | ||||||
20 | and the time at which or circumstances under which the | ||||||
21 | asthma medication is to be administered, or (ii) for the | ||||||
22 | self-administration or self-carry of an epinephrine | ||||||
23 | injector, a
written
statement from the pupil's physician, | ||||||
24 | physician assistant, or advanced practice registered
nurse | ||||||
25 | containing
the following information:
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26 | (A) the name and purpose of the epinephrine |
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1 | injector;
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2 | (B) the prescribed dosage; and
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3 | (C) the time or times at which or the special | ||||||
4 | circumstances
under which the epinephrine injector is | ||||||
5 | to be administered.
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6 | The information provided shall be kept on file in the office of | ||||||
7 | the school
nurse or,
in the absence of a school nurse, the | ||||||
8 | school's administrator.
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9 | (b-5) A school district, public school, charter school, or | ||||||
10 | nonpublic school may authorize the provision of a | ||||||
11 | student-specific or undesignated epinephrine injector to a | ||||||
12 | student or any personnel authorized under a student's | ||||||
13 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
14 | Emergency Action Plan and Treatment Authorization Form, or | ||||||
15 | plan pursuant to Section 504 of the federal Rehabilitation Act | ||||||
16 | of 1973 to administer an epinephrine injector to the student, | ||||||
17 | that meets the student's prescription on file. | ||||||
18 | (b-10) The school district, public school, charter school, | ||||||
19 | or nonpublic school may authorize a school nurse or trained | ||||||
20 | personnel to do the following: (i) provide an undesignated | ||||||
21 | epinephrine injector to a student for self-administration only | ||||||
22 | or any personnel authorized under a student's Individual | ||||||
23 | Health Care Action Plan, Illinois Food Allergy Emergency | ||||||
24 | Action Plan and Treatment Authorization Form, plan pursuant to | ||||||
25 | Section 504 of the federal Rehabilitation Act of 1973, or | ||||||
26 | individualized education program plan to administer to the |
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1 | student that meets the student's prescription on file; (ii) | ||||||
2 | administer an undesignated epinephrine injector that meets the | ||||||
3 | prescription on file to any student who has an Individual | ||||||
4 | Health Care Action Plan, Illinois Food Allergy Emergency | ||||||
5 | Action Plan and Treatment Authorization Form, plan pursuant to | ||||||
6 | Section 504 of the federal Rehabilitation Act of 1973, or | ||||||
7 | individualized education program plan that authorizes the use | ||||||
8 | of an epinephrine injector; (iii) administer an undesignated | ||||||
9 | epinephrine injector to any person that the school nurse or | ||||||
10 | trained personnel in good faith believes is having an | ||||||
11 | anaphylactic reaction; (iv) administer an opioid antagonist to | ||||||
12 | any person that the school nurse or trained personnel in good | ||||||
13 | faith believes is having an opioid overdose; (v) provide | ||||||
14 | undesignated asthma medication to a student for | ||||||
15 | self-administration only or to any personnel authorized under | ||||||
16 | a student's Individual Health Care Action Plan or asthma | ||||||
17 | action plan, plan pursuant to Section 504 of the federal | ||||||
18 | Rehabilitation Act of 1973, or individualized education | ||||||
19 | program plan to administer to the student that meets the | ||||||
20 | student's prescription on file; (vi) administer undesignated | ||||||
21 | asthma medication that meets the prescription on file to any | ||||||
22 | student who has an Individual Health Care Action Plan or | ||||||
23 | asthma action plan, plan pursuant to Section 504 of the | ||||||
24 | federal Rehabilitation Act of 1973, or individualized | ||||||
25 | education program plan that authorizes the use of asthma | ||||||
26 | medication; and (vii) administer undesignated asthma |
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1 | medication to any person that the school nurse or trained | ||||||
2 | personnel believes in good faith is having respiratory | ||||||
3 | distress. | ||||||
4 | (c) The school district, public school, charter school, or | ||||||
5 | nonpublic school must inform the parents or
guardians of the
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6 | pupil, in writing, that the school district, public school, | ||||||
7 | charter school, or nonpublic school and its
employees and
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8 | agents, including a physician, physician assistant, or | ||||||
9 | advanced practice registered nurse providing standing protocol | ||||||
10 | and a prescription for school epinephrine injectors, an opioid | ||||||
11 | antagonist, or undesignated asthma medication,
are to incur no | ||||||
12 | liability or professional discipline, except for willful and | ||||||
13 | wanton conduct, as a result
of any injury arising from the
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14 | administration of asthma medication, an epinephrine injector, | ||||||
15 | or an opioid antagonist regardless of whether authorization | ||||||
16 | was given by the pupil's parents or guardians or by the pupil's | ||||||
17 | physician, physician assistant, or advanced practice | ||||||
18 | registered nurse. The parents or guardians
of the pupil must | ||||||
19 | sign a statement acknowledging that the school district, | ||||||
20 | public school, charter school,
or nonpublic school and its | ||||||
21 | employees and agents are to incur no liability, except for | ||||||
22 | willful and wanton
conduct, as a result of any injury arising
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23 | from the
administration of asthma medication, an epinephrine | ||||||
24 | injector, or an opioid antagonist regardless of whether | ||||||
25 | authorization was given by the pupil's parents or guardians or | ||||||
26 | by the pupil's physician, physician assistant, or advanced |
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1 | practice registered nurse and that the parents or
guardians | ||||||
2 | must indemnify and hold harmless the school district, public | ||||||
3 | school, charter school, or nonpublic
school and
its
employees | ||||||
4 | and agents against any claims, except a claim based on willful | ||||||
5 | and
wanton conduct, arising out of the
administration of | ||||||
6 | asthma medication, an epinephrine injector, or an opioid | ||||||
7 | antagonist regardless of whether authorization was given by | ||||||
8 | the pupil's parents or guardians or by the pupil's physician, | ||||||
9 | physician assistant, or advanced practice registered nurse. | ||||||
10 | (c-5) When a school nurse or trained personnel administers | ||||||
11 | an undesignated epinephrine injector to a person whom the | ||||||
12 | school nurse or trained personnel in good faith believes is | ||||||
13 | having an anaphylactic reaction, administers an opioid | ||||||
14 | antagonist to a person whom the school nurse or trained | ||||||
15 | personnel in good faith believes is having an opioid overdose, | ||||||
16 | or administers undesignated asthma medication to a person whom | ||||||
17 | the school nurse or trained personnel in good faith believes | ||||||
18 | is having respiratory distress, notwithstanding the lack of | ||||||
19 | notice to the parents or guardians of the pupil or the absence | ||||||
20 | of the parents or guardians signed statement acknowledging no | ||||||
21 | liability, except for willful and wanton conduct, the school | ||||||
22 | district, public school, charter school, or nonpublic school | ||||||
23 | and its employees and agents, and a physician, a physician | ||||||
24 | assistant, or an advanced practice registered nurse providing | ||||||
25 | standing protocol and a prescription for undesignated | ||||||
26 | epinephrine injectors, an opioid antagonist, or undesignated |
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1 | asthma medication, are to incur no liability or professional | ||||||
2 | discipline, except for willful and wanton conduct, as a result | ||||||
3 | of any injury arising from the use of an undesignated | ||||||
4 | epinephrine injector, the use of an opioid antagonist, or the | ||||||
5 | use of undesignated asthma medication, regardless of whether | ||||||
6 | authorization was given by the pupil's parents or guardians or | ||||||
7 | by the pupil's physician, physician assistant, or advanced | ||||||
8 | practice registered nurse.
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9 | (d) The permission for self-administration and self-carry | ||||||
10 | of asthma medication or the self-administration and self-carry | ||||||
11 | of an epinephrine injector is effective
for the school year | ||||||
12 | for which it is granted and shall be renewed each
subsequent | ||||||
13 | school year upon fulfillment of the requirements of this
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14 | Section.
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15 | (e) Provided that the requirements of this Section are | ||||||
16 | fulfilled, a
pupil with asthma may self-administer and | ||||||
17 | self-carry his or her asthma medication or a pupil may | ||||||
18 | self-administer and self-carry an epinephrine injector (i) | ||||||
19 | while in
school, (ii) while at a school-sponsored activity, | ||||||
20 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
21 | before or after normal school activities, such
as while in | ||||||
22 | before-school or after-school care on school-operated
property | ||||||
23 | or while being transported on a school bus.
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24 | (e-5) Provided that the requirements of this Section are | ||||||
25 | fulfilled, a school nurse or trained personnel may administer | ||||||
26 | an undesignated epinephrine injector to any person whom the |
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1 | school nurse or trained personnel in good faith believes to be | ||||||
2 | having an anaphylactic reaction (i) while in school, (ii) | ||||||
3 | while at a school-sponsored activity, (iii) while under the | ||||||
4 | supervision of school personnel, or (iv) before or after | ||||||
5 | normal school activities, such
as while in before-school or | ||||||
6 | after-school care on school-operated property or while being | ||||||
7 | transported on a school bus. A school nurse or trained | ||||||
8 | personnel may carry undesignated epinephrine injectors on his | ||||||
9 | or her person while in school or at a school-sponsored | ||||||
10 | activity. | ||||||
11 | (e-10) Provided that the requirements of this Section are | ||||||
12 | fulfilled, a school nurse or trained personnel may administer | ||||||
13 | an opioid antagonist to any person whom the school nurse or | ||||||
14 | trained personnel in good faith believes to be having an | ||||||
15 | opioid overdose (i) while in school, (ii) while at a | ||||||
16 | school-sponsored activity, (iii) while under the supervision | ||||||
17 | of school personnel, or (iv) before or after normal school | ||||||
18 | activities, such as while in before-school or after-school | ||||||
19 | care on school-operated property. A school nurse or trained | ||||||
20 | personnel may carry an opioid antagonist on his or her person | ||||||
21 | while in school or at a school-sponsored activity. | ||||||
22 | (e-15) If the requirements of this Section are met, a | ||||||
23 | school nurse or trained personnel may administer undesignated | ||||||
24 | asthma medication to any person whom the school nurse or | ||||||
25 | trained personnel in good faith believes to be experiencing | ||||||
26 | respiratory distress (i) while in school, (ii) while at a |
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1 | school-sponsored activity, (iii) while under the supervision | ||||||
2 | of school personnel, or (iv) before or after normal school | ||||||
3 | activities, including before-school or after-school care on | ||||||
4 | school-operated property. A school nurse or trained personnel | ||||||
5 | may carry undesignated asthma medication on his or her person | ||||||
6 | while in school or at a school-sponsored activity. | ||||||
7 | (f) The school district, public school, charter school, or | ||||||
8 | nonpublic school may maintain a supply of undesignated | ||||||
9 | epinephrine injectors in any secure location that is | ||||||
10 | accessible before, during, and after school where an allergic | ||||||
11 | person is most at risk, including, but not limited to, | ||||||
12 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
13 | who has prescriptive authority in accordance with Section 7.5 | ||||||
14 | of the Physician Assistant Practice Act of 1987, or an | ||||||
15 | advanced practice registered nurse who has prescriptive | ||||||
16 | authority in accordance with Section 65-40 of the Nurse | ||||||
17 | Practice Act may prescribe undesignated epinephrine injectors | ||||||
18 | in the name of the school district, public school, charter | ||||||
19 | school, or nonpublic school to be maintained for use when | ||||||
20 | necessary. Any supply of epinephrine injectors shall be | ||||||
21 | maintained in accordance with the manufacturer's instructions. | ||||||
22 | The school district, public school, charter school, or | ||||||
23 | nonpublic school shall may maintain a supply of an opioid | ||||||
24 | antagonist in any secure location where an individual may have | ||||||
25 | an opioid overdose , unless there is a shortage of opioid | ||||||
26 | antagonists, in which case the school district, public school, |
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1 | charter school, or nonpublic school shall make a reasonable | ||||||
2 | effort to maintain a supply of an opioid antagonist . Unless | ||||||
3 | the school district, public school, charter school, or | ||||||
4 | nonpublic school is able to obtain opioid antagonists without | ||||||
5 | a prescription, a A health care professional who has been | ||||||
6 | delegated prescriptive authority for opioid antagonists in | ||||||
7 | accordance with Section 5-23 of the Substance Use Disorder Act | ||||||
8 | shall may prescribe opioid antagonists in the name of the | ||||||
9 | school district, public school, charter school, or nonpublic | ||||||
10 | school, to be maintained for use when necessary. Any supply of | ||||||
11 | opioid antagonists shall be maintained in accordance with the | ||||||
12 | manufacturer's instructions. | ||||||
13 | The school district, public school, charter school, or | ||||||
14 | nonpublic school may maintain a supply of asthma medication in | ||||||
15 | any secure location that is accessible before, during, or | ||||||
16 | after school where a person is most at risk, including, but not | ||||||
17 | limited to, a classroom or the nurse's office. A physician, a | ||||||
18 | physician assistant who has prescriptive authority under | ||||||
19 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
20 | or an advanced practice registered nurse who has prescriptive | ||||||
21 | authority under Section 65-40 of the Nurse Practice Act may | ||||||
22 | prescribe undesignated asthma medication in the name of the | ||||||
23 | school district, public school, charter school, or nonpublic | ||||||
24 | school to be maintained for use when necessary. Any supply of | ||||||
25 | undesignated asthma medication must be maintained in | ||||||
26 | accordance with the manufacturer's instructions. |
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1 | (f-3) Whichever entity initiates the process of obtaining | ||||||
2 | undesignated epinephrine injectors and providing training to | ||||||
3 | personnel for carrying and administering undesignated | ||||||
4 | epinephrine injectors shall pay for the costs of the | ||||||
5 | undesignated epinephrine injectors. | ||||||
6 | (f-5) Upon any administration of an epinephrine injector, | ||||||
7 | a school district, public school, charter school, or nonpublic | ||||||
8 | school must immediately activate the EMS system and notify the | ||||||
9 | student's parent, guardian, or emergency contact, if known. | ||||||
10 | Upon any administration of an opioid antagonist, a school | ||||||
11 | district, public school, charter school, or nonpublic school | ||||||
12 | must immediately activate the EMS system and notify the | ||||||
13 | student's parent, guardian, or emergency contact, if known. | ||||||
14 | (f-10) Within 24 hours of the administration of an | ||||||
15 | undesignated epinephrine injector, a school district, public | ||||||
16 | school, charter school, or nonpublic school must notify the | ||||||
17 | physician, physician assistant, or advanced practice | ||||||
18 | registered nurse who provided the standing protocol and a | ||||||
19 | prescription for the undesignated epinephrine injector of its | ||||||
20 | use. | ||||||
21 | Within 24 hours after the administration of an opioid | ||||||
22 | antagonist, a school district, public school, charter school, | ||||||
23 | or nonpublic school must notify the health care professional | ||||||
24 | who provided the prescription for the opioid antagonist of its | ||||||
25 | use. | ||||||
26 | Within 24 hours after the administration of undesignated |
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1 | asthma medication, a school district, public school, charter | ||||||
2 | school, or nonpublic school must notify the student's parent | ||||||
3 | or guardian or emergency contact, if known, and the physician, | ||||||
4 | physician assistant, or advanced practice registered nurse who | ||||||
5 | provided the standing protocol and a prescription for the | ||||||
6 | undesignated asthma medication of its use. The district or | ||||||
7 | school must follow up with the school nurse, if available, and | ||||||
8 | may, with the consent of the child's parent or guardian, | ||||||
9 | notify the child's health care provider of record, as | ||||||
10 | determined under this Section, of its use. | ||||||
11 | (g) Prior to the administration of an undesignated | ||||||
12 | epinephrine injector, trained personnel must submit to the | ||||||
13 | school's administration proof of completion of a training | ||||||
14 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
15 | the requirements of subsection (h) of this Section. Training | ||||||
16 | must be completed annually. The school district, public | ||||||
17 | school, charter school, or nonpublic school must maintain | ||||||
18 | records related to the training curriculum and trained | ||||||
19 | personnel. | ||||||
20 | Prior to the administration of an opioid antagonist, | ||||||
21 | trained personnel must submit to the school's administration | ||||||
22 | proof of completion of a training curriculum to recognize and | ||||||
23 | respond to an opioid overdose, which curriculum must meet the | ||||||
24 | requirements of subsection (h-5) of this Section. Training | ||||||
25 | must be completed annually. Trained personnel must also submit | ||||||
26 | to the school's administration proof of cardiopulmonary |
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1 | resuscitation and automated external defibrillator | ||||||
2 | certification. The school district, public school, charter | ||||||
3 | school, or nonpublic school must maintain records relating to | ||||||
4 | the training curriculum and the trained personnel. | ||||||
5 | Prior to the administration of undesignated asthma | ||||||
6 | medication, trained personnel must submit to the school's | ||||||
7 | administration proof of completion of a training curriculum to | ||||||
8 | recognize and respond to respiratory distress, which must meet | ||||||
9 | the requirements of subsection (h-10) of this Section. | ||||||
10 | Training must be completed annually, and the school district, | ||||||
11 | public school, charter school, or nonpublic school must | ||||||
12 | maintain records relating to the training curriculum and the | ||||||
13 | trained personnel. | ||||||
14 | (h) A training curriculum to recognize and respond to | ||||||
15 | anaphylaxis, including the administration of an undesignated | ||||||
16 | epinephrine injector, may be conducted online or in person. | ||||||
17 | Training shall include, but is not limited to: | ||||||
18 | (1) how to recognize signs and symptoms of an allergic | ||||||
19 | reaction, including anaphylaxis; | ||||||
20 | (2) how to administer an epinephrine injector; and | ||||||
21 | (3) a test demonstrating competency of the knowledge | ||||||
22 | required to recognize anaphylaxis and administer an | ||||||
23 | epinephrine injector. | ||||||
24 | Training may also include, but is not limited to: | ||||||
25 | (A) a review of high-risk areas within a school and | ||||||
26 | its related facilities; |
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1 | (B) steps to take to prevent exposure to allergens; | ||||||
2 | (C) emergency follow-up procedures, including the | ||||||
3 | importance of calling 9-1-1 or, if 9-1-1 is not available, | ||||||
4 | other local emergency medical services; | ||||||
5 | (D) how to respond to a student with a known allergy, | ||||||
6 | as well as a student with a previously unknown allergy; | ||||||
7 | (E) other criteria as determined in rules adopted | ||||||
8 | pursuant to this Section; and | ||||||
9 | (F) any policy developed by the State Board of | ||||||
10 | Education under Section 2-3.190. | ||||||
11 | In consultation with statewide professional organizations | ||||||
12 | representing physicians licensed to practice medicine in all | ||||||
13 | of its branches, registered nurses, and school nurses, the | ||||||
14 | State Board of Education shall make available resource | ||||||
15 | materials consistent with criteria in this subsection (h) for | ||||||
16 | educating trained personnel to recognize and respond to | ||||||
17 | anaphylaxis. The State Board may take into consideration the | ||||||
18 | curriculum on this subject developed by other states, as well | ||||||
19 | as any other curricular materials suggested by medical experts | ||||||
20 | and other groups that work on life-threatening allergy issues. | ||||||
21 | The State Board is not required to create new resource | ||||||
22 | materials. The State Board shall make these resource materials | ||||||
23 | available on its Internet website. | ||||||
24 | (h-5) A training curriculum to recognize and respond to an | ||||||
25 | opioid overdose, including the administration of an opioid | ||||||
26 | antagonist, may be conducted online or in person. The training |
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1 | must comply with any training requirements under Section 5-23 | ||||||
2 | of the Substance Use Disorder Act and the corresponding rules. | ||||||
3 | It must include, but is not limited to: | ||||||
4 | (1) how to recognize symptoms of an opioid overdose; | ||||||
5 | (2) information on drug overdose prevention and | ||||||
6 | recognition; | ||||||
7 | (3) how to perform rescue breathing and resuscitation; | ||||||
8 | (4) how to respond to an emergency involving an opioid | ||||||
9 | overdose; | ||||||
10 | (5) opioid antagonist dosage and administration; | ||||||
11 | (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
12 | not available, other local emergency medical services; | ||||||
13 | (7) care for the overdose victim after administration | ||||||
14 | of the overdose antagonist; | ||||||
15 | (8) a test demonstrating competency of the knowledge | ||||||
16 | required to recognize an opioid overdose and administer a | ||||||
17 | dose of an opioid antagonist; and | ||||||
18 | (9) other criteria as determined in rules adopted | ||||||
19 | pursuant to this Section. | ||||||
20 | (h-10) A training curriculum to recognize and respond to | ||||||
21 | respiratory distress, including the administration of | ||||||
22 | undesignated asthma medication, may be conducted online or in | ||||||
23 | person. The training must include, but is not limited to: | ||||||
24 | (1) how to recognize symptoms of respiratory distress | ||||||
25 | and how to distinguish respiratory distress from | ||||||
26 | anaphylaxis; |
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1 | (2) how to respond to an emergency involving | ||||||
2 | respiratory distress; | ||||||
3 | (3) asthma medication dosage and administration; | ||||||
4 | (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
5 | not available, other local emergency medical services; | ||||||
6 | (5) a test demonstrating competency of the knowledge | ||||||
7 | required to recognize respiratory distress and administer | ||||||
8 | asthma medication; and | ||||||
9 | (6) other criteria as determined in rules adopted | ||||||
10 | under this Section. | ||||||
11 | (i) Within 3 days after the administration of an | ||||||
12 | undesignated epinephrine injector by a school nurse, trained | ||||||
13 | personnel, or a student at a school or school-sponsored | ||||||
14 | activity, the school must report to the State Board of | ||||||
15 | Education in a form and manner prescribed by the State Board | ||||||
16 | the following information: | ||||||
17 | (1) age and type of person receiving epinephrine | ||||||
18 | (student, staff, visitor); | ||||||
19 | (2) any previously known diagnosis of a severe | ||||||
20 | allergy; | ||||||
21 | (3) trigger that precipitated allergic episode; | ||||||
22 | (4) location where symptoms developed; | ||||||
23 | (5) number of doses administered; | ||||||
24 | (6) type of person administering epinephrine (school | ||||||
25 | nurse, trained personnel, student); and | ||||||
26 | (7) any other information required by the State Board. |
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1 | If a school district, public school, charter school, or | ||||||
2 | nonpublic school maintains or has an independent contractor | ||||||
3 | providing transportation to students who maintains a supply of | ||||||
4 | undesignated epinephrine injectors, then the school district, | ||||||
5 | public school, charter school, or nonpublic school must report | ||||||
6 | that information to the State Board of Education upon adoption | ||||||
7 | or change of the policy of the school district, public school, | ||||||
8 | charter school, nonpublic school, or independent contractor, | ||||||
9 | in a manner as prescribed by the State Board. The report must | ||||||
10 | include the number of undesignated epinephrine injectors in | ||||||
11 | supply. | ||||||
12 | (i-5) Within 3 days after the administration of an opioid | ||||||
13 | antagonist by a school nurse or trained personnel, the school | ||||||
14 | must report to the State Board of Education, in a form and | ||||||
15 | manner prescribed by the State Board, the following | ||||||
16 | information: | ||||||
17 | (1) the age and type of person receiving the opioid | ||||||
18 | antagonist (student, staff, or visitor); | ||||||
19 | (2) the location where symptoms developed; | ||||||
20 | (3) the type of person administering the opioid | ||||||
21 | antagonist (school nurse or trained personnel); and | ||||||
22 | (4) any other information required by the State Board. | ||||||
23 | (i-10) Within 3 days after the administration of | ||||||
24 | undesignated asthma medication by a school nurse, trained | ||||||
25 | personnel, or a student at a school or school-sponsored | ||||||
26 | activity, the school must report to the State Board of |
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1 | Education, on a form and in a manner prescribed by the State | ||||||
2 | Board of Education, the following information: | ||||||
3 | (1) the age and type of person receiving the asthma | ||||||
4 | medication (student, staff, or visitor); | ||||||
5 | (2) any previously known diagnosis of asthma for the | ||||||
6 | person; | ||||||
7 | (3) the trigger that precipitated respiratory | ||||||
8 | distress, if identifiable; | ||||||
9 | (4) the location of where the symptoms developed; | ||||||
10 | (5) the number of doses administered; | ||||||
11 | (6) the type of person administering the asthma | ||||||
12 | medication (school nurse, trained personnel, or student); | ||||||
13 | (7) the outcome of the asthma medication | ||||||
14 | administration; and | ||||||
15 | (8)
any other information required by the State Board. | ||||||
16 | (j) By October 1, 2015 and every year thereafter, the | ||||||
17 | State Board of Education shall submit a report to the General | ||||||
18 | Assembly identifying the frequency and circumstances of | ||||||
19 | undesignated epinephrine and undesignated asthma medication | ||||||
20 | administration during the preceding academic year. Beginning | ||||||
21 | with the 2017 report, the report shall also contain | ||||||
22 | information on which school districts, public schools, charter | ||||||
23 | schools, and nonpublic schools maintain or have independent | ||||||
24 | contractors providing transportation to students who maintain | ||||||
25 | a supply of undesignated epinephrine injectors. This report | ||||||
26 | shall be published on the State Board's Internet website on |
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1 | the date the report is delivered to the General Assembly. | ||||||
2 | (j-5) Annually, each school district, public school, | ||||||
3 | charter school, or nonpublic school shall request an asthma | ||||||
4 | action plan from the parents or guardians of a pupil with | ||||||
5 | asthma. If provided, the asthma action plan must be kept on | ||||||
6 | file in the office of the school nurse or, in the absence of a | ||||||
7 | school nurse, the school administrator. Copies of the asthma | ||||||
8 | action plan may be distributed to appropriate school staff who | ||||||
9 | interact with the pupil on a regular basis, and, if | ||||||
10 | applicable, may be attached to the pupil's federal Section 504 | ||||||
11 | plan or individualized education program plan. | ||||||
12 | (j-10) To assist schools with emergency response | ||||||
13 | procedures for asthma, the State Board of Education, in | ||||||
14 | consultation with statewide professional organizations with | ||||||
15 | expertise in asthma management and a statewide organization | ||||||
16 | representing school administrators, shall develop a model | ||||||
17 | asthma episode emergency response protocol before September 1, | ||||||
18 | 2016. Each school district, charter school, and nonpublic | ||||||
19 | school shall adopt an asthma episode emergency response | ||||||
20 | protocol before January 1, 2017 that includes all of the | ||||||
21 | components of the State Board's model protocol. | ||||||
22 | (j-15) Every 2 years, school personnel who work with | ||||||
23 | pupils shall complete an in-person or online training program | ||||||
24 | on the management of asthma, the prevention of asthma | ||||||
25 | symptoms, and emergency response in the school setting. In | ||||||
26 | consultation with statewide professional organizations with |
| |||||||
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1 | expertise in asthma management, the State Board of Education | ||||||
2 | shall make available resource materials for educating school | ||||||
3 | personnel about asthma and emergency response in the school | ||||||
4 | setting. | ||||||
5 | (j-20) On or before October 1, 2016 and every year | ||||||
6 | thereafter, the State Board of Education shall submit a report | ||||||
7 | to the General Assembly and the Department of Public Health | ||||||
8 | identifying the frequency and circumstances of opioid | ||||||
9 | antagonist administration during the preceding academic year. | ||||||
10 | This report shall be published on the State Board's Internet | ||||||
11 | website on the date the report is delivered to the General | ||||||
12 | Assembly. | ||||||
13 | (k) The State Board of Education may adopt rules necessary | ||||||
14 | to implement this Section. | ||||||
15 | (l) Nothing in this Section shall limit the amount of | ||||||
16 | epinephrine injectors that any type of school or student may | ||||||
17 | carry or maintain a supply of. | ||||||
18 | (Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21; | ||||||
19 | 102-813, eff. 5-13-22.)".
|