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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 auto-injectors; administration of | |||||||||||||||||||
9 | undesignated epinephrine auto-injectors ; administration of an | |||||||||||||||||||
10 | undesignated dose of an opioid antidote .
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11 | (a) For the purpose of this Section only, the following | |||||||||||||||||||
12 | terms shall have the meanings set forth below:
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13 | "Asthma inhaler" means a quick reliever asthma inhaler. | |||||||||||||||||||
14 | "Epinephrine auto-injector" means a single-use device used | |||||||||||||||||||
15 | for the automatic injection of a pre-measured dose of | |||||||||||||||||||
16 | epinephrine into the human body.
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17 | "Asthma medication" means a medicine, prescribed by (i) a | |||||||||||||||||||
18 | physician
licensed to practice medicine in all its branches,
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19 | (ii) a physician assistant who has been delegated the authority | |||||||||||||||||||
20 | to prescribe
asthma
medications by his or her supervising | |||||||||||||||||||
21 | physician, or (iii) an advanced practice
nurse who has a | |||||||||||||||||||
22 | written
collaborative agreement with a collaborating physician | |||||||||||||||||||
23 | that delegates the
authority
to prescribe asthma medications,
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1 | for a pupil that pertains to the pupil's
asthma and that has an | ||||||
2 | individual prescription label.
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3 | "School nurse" means a registered nurse working in a school | ||||||
4 | with or without licensure endorsed in school nursing. | ||||||
5 | "Self-administration" means a pupil's discretionary use of | ||||||
6 | his or
her prescribed asthma medication or epinephrine | ||||||
7 | auto-injector.
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8 | "Self-carry" means a pupil's ability to carry his or her | ||||||
9 | prescribed asthma medication or epinephrine auto-injector. | ||||||
10 | "Standing protocol" may be issued by (i) a physician | ||||||
11 | licensed to practice medicine in all its branches, (ii) a | ||||||
12 | physician assistant who has been delegated the authority to | ||||||
13 | prescribe asthma medications or epinephrine auto-injectors by | ||||||
14 | his or her supervising physician, or (iii) an advanced practice | ||||||
15 | nurse who has a collaborative agreement with a collaborating | ||||||
16 | physician that delegates authority to issue a standing protocol | ||||||
17 | for asthma medications or epinephrine auto-injectors. | ||||||
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. | ||||||
23 | "Undesignated dose of an opioid antidote" means a dose of | ||||||
24 | naloxone hydrochloride or any other similarly acting and | ||||||
25 | equally safe drug approved by the U.S. Food and Drug | ||||||
26 | Administration, prescribed in the name of a school district, |
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1 | public school, or nonpublic school. | ||||||
2 | "Undesignated epinephrine auto-injector" means an | ||||||
3 | epinephrine auto-injector prescribed in the name of a school | ||||||
4 | district, public school, or nonpublic school. | ||||||
5 | (b) A school, whether public or nonpublic, must permit the
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6 | self-administration and self-carry of asthma
medication by a | ||||||
7 | pupil with asthma or the self-administration and self-carry of | ||||||
8 | an epinephrine auto-injector by a pupil, provided that:
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9 | (1) the parents or
guardians of the pupil provide to | ||||||
10 | the school (i) written
authorization from the parents or | ||||||
11 | guardians for (A) the self-administration and self-carry | ||||||
12 | of asthma medication or (B) the self-carry of asthma | ||||||
13 | medication or (ii) for (A) the self-administration and | ||||||
14 | self-carry of an epinephrine auto-injector or (B) the | ||||||
15 | self-carry of an epinephrine auto-injector, written | ||||||
16 | authorization from the pupil's physician, physician | ||||||
17 | assistant, or advanced practice nurse; and
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18 | (2) the
parents or guardians of the pupil provide to | ||||||
19 | the school (i) the prescription label, which must contain | ||||||
20 | the name of the asthma medication, the prescribed dosage, | ||||||
21 | and the time at which or circumstances under which the | ||||||
22 | asthma medication is to be administered, or (ii) for the | ||||||
23 | self-administration or self-carry of an epinephrine | ||||||
24 | auto-injector, a
written
statement from the pupil's | ||||||
25 | physician, physician assistant, or advanced practice
nurse | ||||||
26 | containing
the following information:
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1 | (A) the name and purpose of the epinephrine | ||||||
2 | auto-injector;
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3 | (B) the prescribed dosage; and
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4 | (C) the time or times at which or the special | ||||||
5 | circumstances
under which the epinephrine | ||||||
6 | auto-injector is to be administered.
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7 | The information provided shall be kept on file in the office of | ||||||
8 | the school
nurse or,
in the absence of a school nurse, the | ||||||
9 | school's administrator.
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10 | (b-5) A school district, public school, or nonpublic school | ||||||
11 | may authorize the provision of a student-specific or | ||||||
12 | undesignated epinephrine auto-injector to a student or any | ||||||
13 | personnel authorized under a student's Individual Health Care | ||||||
14 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
15 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
16 | of the federal Rehabilitation Act of 1973 to administer an | ||||||
17 | epinephrine auto-injector to the student, that meets the | ||||||
18 | student's prescription on file. | ||||||
19 | (b-10) The school district, public school, or nonpublic | ||||||
20 | school may authorize a school nurse or trained personnel to do | ||||||
21 | the following: (i) provide an undesignated epinephrine | ||||||
22 | auto-injector to a student for self-administration only or any | ||||||
23 | personnel authorized under a student's Individual Health Care | ||||||
24 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
25 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
26 | of the federal Rehabilitation Act of 1973 to administer to the |
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1 | student, that meets the student's prescription on file; (ii) | ||||||
2 | administer an undesignated epinephrine auto-injector that | ||||||
3 | meets the prescription on file to any student who has an | ||||||
4 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
5 | Emergency Action Plan and Treatment Authorization Form, or plan | ||||||
6 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
7 | 1973 that authorizes the use of an epinephrine auto-injector; | ||||||
8 | and (iii) administer an undesignated epinephrine auto-injector | ||||||
9 | to any person that the school nurse or trained personnel in | ||||||
10 | good faith believes is having an anaphylactic reaction ; and | ||||||
11 | (iv) administer an undesignated dose of an opioid antidote to | ||||||
12 | any person that the school nurse or trained personnel in good | ||||||
13 | faith believes is having an opioid overdose . | ||||||
14 | (c) The school district, public school, or nonpublic school | ||||||
15 | must inform the parents or
guardians of the
pupil, in writing, | ||||||
16 | that the school district, public school, or nonpublic school | ||||||
17 | and its
employees and
agents, including a physician, physician | ||||||
18 | assistant, or advanced practice nurse providing standing | ||||||
19 | protocol or a prescription for school epinephrine | ||||||
20 | auto-injectors and including a health care professional | ||||||
21 | providing a prescription for or dispensation of doses of an | ||||||
22 | opioid antidote ,
are to incur no liability or professional | ||||||
23 | discipline, except for willful and wanton conduct, as a result
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24 | of any injury arising from the
administration of asthma | ||||||
25 | medication , or of an epinephrine auto-injector , or a dose of an | ||||||
26 | opioid antidote regardless of whether authorization was given |
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1 | by the pupil's parents or guardians or by the pupil's | ||||||
2 | physician, physician assistant, or advanced practice nurse , or | ||||||
3 | health care professional . The parents or guardians
of the pupil | ||||||
4 | must sign a statement acknowledging that the school district, | ||||||
5 | public school,
or nonpublic school and its employees and agents | ||||||
6 | are to incur no liability, except for willful and wanton
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7 | conduct, as a result of any injury arising
from the
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8 | administration of asthma medication , or of an epinephrine | ||||||
9 | auto-injector , or a dose of an opioid antidote regardless of | ||||||
10 | whether authorization was given by the pupil's parents or | ||||||
11 | guardians or by the pupil's physician, physician assistant, or | ||||||
12 | advanced practice nurse , or health care professional and that | ||||||
13 | the parents or
guardians must indemnify and hold harmless the | ||||||
14 | school district, public school, or nonpublic
school and
its
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15 | employees and agents against any claims, except a claim based | ||||||
16 | on willful and
wanton conduct, arising out of the
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17 | administration of asthma medication , or of an epinephrine | ||||||
18 | auto-injector , or a dose of an opioid antidote regardless of | ||||||
19 | whether authorization was given by the pupil's parents or | ||||||
20 | guardians or by the pupil's physician, physician assistant, or | ||||||
21 | advanced practice nurse , or health care professional . | ||||||
22 | (c-5) When Upon the effective date of this amendatory Act | ||||||
23 | of the 98th General Assembly, when a school nurse or trained | ||||||
24 | personnel administers an undesignated epinephrine | ||||||
25 | auto-injector to a person whom the school nurse or trained | ||||||
26 | personnel in good faith believes is having an anaphylactic |
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1 | reaction or administers a dose of an opioid antidote to a | ||||||
2 | person whom the school nurse or trained personnel in good faith | ||||||
3 | believes is having an opioid overdose , notwithstanding the lack | ||||||
4 | of notice to the parents or guardians of the pupil or the | ||||||
5 | absence of the parents or guardians signed statement | ||||||
6 | acknowledging no liability, except for willful and wanton | ||||||
7 | conduct, the school district, public school, or nonpublic | ||||||
8 | school and its employees and agents , and a physician, a | ||||||
9 | physician assistant, or an advanced practice nurse providing | ||||||
10 | standing protocol or a prescription for undesignated | ||||||
11 | epinephrine auto-injectors or a health care professional | ||||||
12 | providing a prescription for or dispensation of undesignated | ||||||
13 | doses of an opioid antidote , are to incur no liability or | ||||||
14 | professional discipline, except for willful and wanton | ||||||
15 | conduct, as a result of any injury arising from the use of an | ||||||
16 | undesignated epinephrine auto-injector or the use of an | ||||||
17 | undesignated dose of an opioid antidote regardless of whether | ||||||
18 | authorization was given by the pupil's parents or guardians or | ||||||
19 | by the pupil's physician, physician assistant, or advanced | ||||||
20 | practice nurse , or health care professional .
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21 | (d) The permission for self-administration and self-carry | ||||||
22 | of asthma medication or the self-administration and self-carry | ||||||
23 | of an epinephrine auto-injector is effective
for the school | ||||||
24 | year for which it is granted and shall be renewed each
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25 | subsequent school year upon fulfillment of the requirements of | ||||||
26 | this
Section.
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1 | (e) Provided that the requirements of this Section are | ||||||
2 | fulfilled, a
pupil with asthma may self-administer and | ||||||
3 | self-carry his or her asthma medication or a pupil may | ||||||
4 | self-administer and self-carry an epinephrine auto-injector | ||||||
5 | (i) while in
school, (ii) while at a school-sponsored activity, | ||||||
6 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
7 | before or after normal school activities, such
as while in | ||||||
8 | before-school or after-school care on school-operated
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9 | property.
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10 | (e-5) Provided that the requirements of this Section are | ||||||
11 | fulfilled, a school nurse or trained personnel may administer | ||||||
12 | an undesignated epinephrine auto-injector to any person whom | ||||||
13 | the school nurse or trained personnel in good faith believes to | ||||||
14 | be having an anaphylactic reaction (i) while in school, (ii) | ||||||
15 | while at a school-sponsored activity, (iii) while under the | ||||||
16 | supervision of school personnel, or (iv) before or after normal | ||||||
17 | school activities, such
as while in before-school or | ||||||
18 | after-school care on school-operated property. A school nurse | ||||||
19 | or trained personnel may carry undesignated epinephrine | ||||||
20 | auto-injectors on his or her person while in school or at a | ||||||
21 | school-sponsored activity. | ||||||
22 | (e-10) Provided that the requirements of this Section are | ||||||
23 | fulfilled, a school nurse or trained personnel may administer | ||||||
24 | an undesignated dose of an opioid antidote to any person whom | ||||||
25 | the school nurse or trained personnel in good faith believes to | ||||||
26 | be having an opioid overdose (i) while in school, (ii) while at |
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1 | a school-sponsored activity, (iii) while under the supervision | ||||||
2 | of school personnel, or (iv) before or after normal school | ||||||
3 | activities, such as while in before-school or after-school care | ||||||
4 | on school-operated property. A school nurse or trained | ||||||
5 | personnel may carry an undesignated dose of an opioid antidote | ||||||
6 | on his or her person while in school or at a school-sponsored | ||||||
7 | activity. | ||||||
8 | (f) The school district, public school, or nonpublic school | ||||||
9 | may maintain a supply of undesignated epinephrine | ||||||
10 | auto-injectors in any secure location where an allergic person | ||||||
11 | is most at risk, including, but not limited to, classrooms and | ||||||
12 | lunchrooms. A physician, a physician assistant who has been | ||||||
13 | delegated prescriptive authority for asthma medication or | ||||||
14 | epinephrine auto-injectors in accordance with Section 7.5 of | ||||||
15 | the Physician Assistant Practice Act of 1987, or an advanced | ||||||
16 | practice nurse who has been delegated prescriptive authority | ||||||
17 | for asthma medication or epinephrine auto-injectors in | ||||||
18 | accordance with Section 65-40 of the Nurse Practice Act may | ||||||
19 | prescribe undesignated epinephrine auto-injectors in the name | ||||||
20 | of the school district, public school, or nonpublic school to | ||||||
21 | be maintained for use when necessary. Any supply of epinephrine | ||||||
22 | auto-injectors shall be maintained in accordance with the | ||||||
23 | manufacturer's instructions. | ||||||
24 | The school district, public school, or nonpublic school may | ||||||
25 | maintain a supply of undesignated doses of an opioid antidote | ||||||
26 | in any secure location where an individual may have an opioid |
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1 | overdose. A health care professional who has been delegated | ||||||
2 | prescriptive authority for an opioid antidote in accordance | ||||||
3 | with Section 5-23 of the Alcoholism and Other Drug Abuse and | ||||||
4 | Dependency Act may prescribe a supply of undesignated doses of | ||||||
5 | an opioid antidote in the name of the school district, public | ||||||
6 | school, or nonpublic school, to be maintained for use when | ||||||
7 | necessary. Any supply of an opioid antidote must be maintained | ||||||
8 | in accordance with the manufacturer's instructions. | ||||||
9 | (f-5) Upon any administration of an epinephrine | ||||||
10 | auto-injector, a school district, public school, or nonpublic | ||||||
11 | school must immediately activate the EMS system and notify the | ||||||
12 | student's parent, guardian, or emergency contact, if known. | ||||||
13 | Upon any administration of a dose of an opioid antidote, a | ||||||
14 | school district, public school, or nonpublic school must | ||||||
15 | immediately activate the EMS system and notify the student's | ||||||
16 | parent, guardian, or emergency contact, if known. | ||||||
17 | (f-10) Within 24 hours of the administration of an | ||||||
18 | undesignated epinephrine auto-injector, a school district, | ||||||
19 | public school, or nonpublic school must notify the physician, | ||||||
20 | physician assistant, or advance practice nurse who provided the | ||||||
21 | standing protocol or prescription for the undesignated | ||||||
22 | epinephrine auto-injector of its use. | ||||||
23 | Within 24 hours after the administration of an undesignated | ||||||
24 | dose of an opioid antidote, a school district, public school, | ||||||
25 | or nonpublic school must notify the health care professional | ||||||
26 | who provided the prescription for or dispensation of the supply |
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1 | of undesignated doses of an opioid antidote of the opioid | ||||||
2 | antidote's use. | ||||||
3 | (g) Prior to the administration of an undesignated | ||||||
4 | epinephrine auto-injector, trained personnel must submit to | ||||||
5 | his or her school's administration proof of completion of a | ||||||
6 | training curriculum to recognize and respond to anaphylaxis | ||||||
7 | that meets the requirements of subsection (h) of this Section. | ||||||
8 | Training must be completed annually. Trained personnel must | ||||||
9 | also submit to his or her school's administration proof of | ||||||
10 | cardiopulmonary resuscitation and automated external | ||||||
11 | defibrillator certification. The school district, public | ||||||
12 | school, or nonpublic school must maintain records related to | ||||||
13 | the training curriculum and trained personnel. | ||||||
14 | Prior to the administration of an undesignated dose of an | ||||||
15 | opioid antidote, trained personnel must submit to the school's | ||||||
16 | administration proof of completion of a training curriculum to | ||||||
17 | recognize and respond to an opioid overdose, which curriculum | ||||||
18 | must meet the requirements of subsection (h-5) of this Section. | ||||||
19 | Training must be completed annually. Trained personnel must | ||||||
20 | also submit to the school's administration proof of | ||||||
21 | cardiopulmonary resuscitation and automated external | ||||||
22 | defibrillator certification. The school district, public | ||||||
23 | school, or nonpublic school must maintain records relating to | ||||||
24 | the training curriculum and the trained personnel. | ||||||
25 | (h) A training curriculum to recognize and respond to | ||||||
26 | anaphylaxis, including the administration of an undesignated |
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1 | epinephrine auto-injector, may be conducted online or in | ||||||
2 | person. It must include, but is not limited to: | ||||||
3 | (1) how to recognize symptoms of an allergic reaction; | ||||||
4 | (2) a review of high-risk areas within the school and | ||||||
5 | its related facilities; | ||||||
6 | (3) steps to take to prevent exposure to allergens; | ||||||
7 | (4) how to respond to an emergency involving an | ||||||
8 | allergic reaction; | ||||||
9 | (5) how to administer an epinephrine auto-injector; | ||||||
10 | (6) how to respond to a student with a known allergy as | ||||||
11 | well as a student with a previously unknown allergy; | ||||||
12 | (7) a test demonstrating competency of the knowledge | ||||||
13 | required to recognize anaphylaxis and administer an | ||||||
14 | epinephrine auto-injector; and | ||||||
15 | (8) other criteria as determined in rules adopted | ||||||
16 | pursuant to this Section. | ||||||
17 | In consultation with statewide professional organizations | ||||||
18 | representing physicians licensed to practice medicine in all of | ||||||
19 | its branches, registered nurses, and school nurses, the State | ||||||
20 | Board of Education shall make available resource materials | ||||||
21 | consistent with criteria in this subsection (h) for educating | ||||||
22 | trained personnel to recognize and respond to anaphylaxis. The | ||||||
23 | State Board may take into consideration the curriculum on this | ||||||
24 | subject developed by other states, as well as any other | ||||||
25 | curricular materials suggested by medical experts and other | ||||||
26 | groups that work on life-threatening allergy issues. The State |
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1 | Board is not required to create new resource materials. The | ||||||
2 | State Board shall make these resource materials available on | ||||||
3 | its Internet website. | ||||||
4 | (h-5) A training curriculum to recognize and respond to an | ||||||
5 | opioid overdose, including the administration of an | ||||||
6 | undesignated dose of an opioid antidote, may be conducted | ||||||
7 | online or in person. It must include, but is not limited to, | ||||||
8 | the following: | ||||||
9 | (1) how to recognize symptoms of an opioid overdose; | ||||||
10 | (2) information on drug overdose prevention and | ||||||
11 | recognition; | ||||||
12 | (3) how to perform rescue breathing and resuscitation; | ||||||
13 | (4) how to respond to an emergency involving an opioid | ||||||
14 | overdose; | ||||||
15 | (5) opioid antidote dosage and administration; | ||||||
16 | (6) the importance of calling 9-1-1; | ||||||
17 | (7) care for the overdose victim after administration | ||||||
18 | of the overdose antidote; | ||||||
19 | (8) a test demonstrating competency of the knowledge | ||||||
20 | required to recognize an opioid overdose and administer a | ||||||
21 | dose of an opioid antidote; and | ||||||
22 | (9) other criteria as determined in rules adopted | ||||||
23 | pursuant to this Section. | ||||||
24 | (i) Within 3 days after the administration of an | ||||||
25 | undesignated epinephrine auto-injector by a school nurse, | ||||||
26 | trained personnel, or a student at a school or school-sponsored |
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| |||||||
1 | activity, the school must report to the State Board of | ||||||
2 | Education in a form and manner prescribed by the State Board | ||||||
3 | the following information: | ||||||
4 | (1) age and type of person receiving epinephrine | ||||||
5 | (student, staff, visitor); | ||||||
6 | (2) any previously known diagnosis of a severe allergy; | ||||||
7 | (3) trigger that precipitated allergic episode; | ||||||
8 | (4) location where symptoms developed; | ||||||
9 | (5) number of doses administered; | ||||||
10 | (6) type of person administering epinephrine (school | ||||||
11 | nurse, trained personnel, student); and | ||||||
12 | (7) any other information required by the State Board. | ||||||
13 | (i-5) Within 3 days after the administration of an | ||||||
14 | undesignated dose of an opioid antidote by a school nurse or | ||||||
15 | trained personnel, the school must report to the State Board of | ||||||
16 | Education, in a form and manner prescribed by the State Board, | ||||||
17 | the following information: | ||||||
18 | (1) the age and type of person receiving the dose of an | ||||||
19 | opioid antidote (student, staff, or visitor); | ||||||
20 | (2) the location where symptoms developed; | ||||||
21 | (3) the type of person administering the dose of an | ||||||
22 | opioid antidote (school nurse or trained personnel); and | ||||||
23 | (4) any other information required by the State Board. | ||||||
24 | (j) By October 1, 2015 and every year thereafter, the State | ||||||
25 | Board of Education shall submit a report to the General | ||||||
26 | Assembly identifying the frequency and circumstances of |
| |||||||
| |||||||
1 | epinephrine administration during the preceding academic year. | ||||||
2 | This report shall be published on the State Board's Internet | ||||||
3 | website on the date the report is delivered to the General | ||||||
4 | Assembly. | ||||||
5 | On or before October 1, 2016 and every year thereafter, the | ||||||
6 | State Board of Education shall submit a report to the General | ||||||
7 | Assembly identifying the frequency and circumstances of opioid | ||||||
8 | antidote administration during the preceding school year. This | ||||||
9 | report must be published on the State Board's Internet website | ||||||
10 | on the date the report is submitted to the General Assembly. | ||||||
11 | (k) The State Board of Education may adopt rules necessary | ||||||
12 | to implement this Section. | ||||||
13 | (Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
|