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Rep. Michelle Mussman
Filed: 4/11/2016
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1 | | AMENDMENT TO HOUSE BILL 4462
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2 | | AMENDMENT NO. ______. Amend House Bill 4462, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 1. Short title. This Act may be cited as the |
6 | | Epinephrine Auto-Injector Act. |
7 | | Section 5. Definitions. As used in this Act: |
8 | | "Administer" means to directly apply an epinephrine |
9 | | auto-injector to the body of an individual. |
10 | | "Authorized entity" means any entity or organization, |
11 | | other than a school covered under Section 22-30 of the School |
12 | | Code, in connection with or at which allergens capable of |
13 | | causing anaphylaxis may be present, including, but not limited |
14 | | to, independent contractors who provide student transportation |
15 | | to schools, recreation camps, colleges and universities, day |
16 | | care facilities, youth sports leagues, amusement parks, |
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1 | | restaurants, sports arenas, and places of employment. The |
2 | | Department shall, by rule, determine what constitutes a day |
3 | | care facility under this definition. |
4 | | "Department" means the Department of Public Health. |
5 | | "Epinephrine auto-injector" means a single-use device used |
6 | | for the automatic injection of a pre-measured dose of |
7 | | epinephrine into the human body. |
8 | | "Health care practitioner" means a physician licensed to |
9 | | practice medicine in all its branches under the Medical |
10 | | Practice Act of 1987, a physician assistant under the Physician |
11 | | Assistant Practice Act of 1987 with prescriptive authority, or |
12 | | an advanced practice nurse with prescribing authority under |
13 | | Article 65 of the Nurse Practice Act. |
14 | | "Pharmacist" has the meaning given to that term under |
15 | | subsection (k-5) of Section 3 of the Pharmacy Practice Act. |
16 | | "Undesignated epinephrine auto-injector" means an |
17 | | epinephrine auto-injector prescribed in the name of an |
18 | | authorized entity. |
19 | | Section 10. Prescription to authorized entity; use; |
20 | | training. |
21 | | (a) A health care practitioner may prescribe epinephrine |
22 | | auto-injectors in the name of an authorized entity for use in |
23 | | accordance with this Act, and pharmacists and health care |
24 | | practitioners may dispense epinephrine auto-injectors pursuant |
25 | | to a prescription issued in the name of an authorized entity. |
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1 | | Such prescriptions shall be valid for a period of 2 years. |
2 | | (b) An authorized entity may acquire and stock a supply of |
3 | | undesignated epinephrine auto-injectors pursuant to a |
4 | | prescription issued under subsection (a) of this Section. Such |
5 | | undesignated epinephrine auto-injectors shall be stored in a |
6 | | location readily accessible in an emergency and in accordance |
7 | | with the instructions for use of the epinephrine |
8 | | auto-injectors. The Department may establish any additional |
9 | | requirements an authorized entity must follow under this Act. |
10 | | (c) An employee or agent of an authorized entity or other |
11 | | individual who has completed training under subsection (d) of |
12 | | this Section may: |
13 | | (1) provide 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, or to the parent, |
17 | | guardian, or caregiver of such individual, for immediate |
18 | | administration, regardless of whether the individual has a |
19 | | prescription for an epinephrine auto-injector or has |
20 | | previously been diagnosed with an allergy; or |
21 | | (2) administer an epinephrine auto-injector to any |
22 | | individual on the property of the authorized entity whom |
23 | | the employee, agent, or other individual believes in good |
24 | | faith is experiencing anaphylaxis, regardless of whether |
25 | | the individual has a prescription for an epinephrine |
26 | | auto-injector or has previously been diagnosed with an |
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1 | | allergy. |
2 | | (d) An employee, agent, or other individual authorized must |
3 | | complete an anaphylaxis training program before he or she is |
4 | | able to provide or administer an epinephrine auto-injector |
5 | | under this Section. Such training shall be valid for a period |
6 | | of 2 years and shall be conducted by a nationally recognized |
7 | | organization experienced in training laypersons in emergency |
8 | | health treatment. The Department shall include links to |
9 | | training providers' websites on its website. |
10 | | Training shall include, but is not limited to: |
11 | | (1) how to recognize signs and symptoms of an allergic |
12 | | reaction, including anaphylaxis; |
13 | | (2) how to administer an epinephrine auto-injector; |
14 | | and |
15 | | (3) a test demonstrating competency of the knowledge |
16 | | required to recognize anaphylaxis and administer an |
17 | | epinephrine auto-injector. |
18 | | Training may also include, but is not limited to: |
19 | | (A) a review of high-risk areas on the authorized |
20 | | entity's property and its related facilities; |
21 | | (B) steps to take to prevent exposure to allergens; |
22 | | (C) emergency follow-up procedures; and |
23 | | (D) other criteria as determined in rules adopted |
24 | | pursuant to this Act. |
25 | | Training may be conducted either online or in person. The |
26 | | Department shall approve training programs and list permitted |
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1 | | training programs on the Department's Internet website. |
2 | | Section 15. Costs. Whichever entity initiates the process |
3 | | of obtaining undesignated epinephrine auto-injectors and |
4 | | providing training to personnel for carrying and administering |
5 | | undesignated epinephrine auto-injectors shall pay for the |
6 | | costs of the undesignated epinephrine auto-injectors. |
7 | | Section 20. Limitations. The use of an undesignated |
8 | | epinephrine auto-injector in accordance with the requirements |
9 | | of this Act does not constitute the practice of medicine or any |
10 | | other profession that requires medical licensure. |
11 | | Nothing in this Act shall limit the amount of epinephrine |
12 | | auto-injectors that an authorized entity or individual may |
13 | | carry or maintain a supply of. |
14 | | Section 85. Rulemaking. The Department shall adopt any |
15 | | rules necessary to implement and administer this Act. |
16 | | Section 87. The State Police Act is amended by adding |
17 | | Section 40 as follows: |
18 | | (20 ILCS 2610/40 new) |
19 | | Sec. 40. Training; administration of epinephrine. |
20 | | (a) This Section, along with Section 10.19 of the Illinois |
21 | | Police Training Act, may be referred to as the Annie LeGere |
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1 | | Law. |
2 | | (b) For the purposes of this Section, "epinephrine |
3 | | auto-injector" means a single-use device used for the automatic |
4 | | injection of a pre-measured dose of epinephrine into the human |
5 | | body prescribed in the name of the Department. |
6 | | (c) The Department may conduct or approve a training |
7 | | program for State Police officers to recognize and respond to |
8 | | anaphylaxis, including, but not limited to: |
9 | | (1) how to recognize symptoms of an allergic reaction; |
10 | | (2) how to respond to an emergency involving an |
11 | | allergic reaction; |
12 | | (3) how to administer an epinephrine auto-injector; |
13 | | (4) how to respond to an individual with a known |
14 | | allergy as well as an individual with a previously unknown |
15 | | allergy; |
16 | | (5) a test demonstrating competency of the knowledge |
17 | | required to recognize anaphylaxis and administer an |
18 | | epinephrine auto-injector; and |
19 | | (6) other criteria as determined in rules adopted by |
20 | | the Department. |
21 | | (d) The Department may authorize a State Police officer who |
22 | | has completed the training program under subsection (c) to |
23 | | carry, administer, or assist with the administration of |
24 | | epinephrine auto-injectors whenever he or she is performing |
25 | | official duties. |
26 | | (e) The Department must establish a written policy to |
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1 | | control the acquisition, storage, transportation, |
2 | | administration, and disposal of epinephrine auto-injectors |
3 | | before it allows any State Police officer to carry and |
4 | | administer epinephrine auto-injectors. |
5 | | (f) A physician, physician's assistant with prescriptive |
6 | | authority, or advanced practice registered nurse with |
7 | | prescriptive authority may provide a standing protocol or |
8 | | prescription for epinephrine auto-injectors in the name of the |
9 | | Department to be maintained for use when necessary. |
10 | | (g) When a State Police officer administers epinephrine |
11 | | auto-injector in good faith, the officer and the Department, |
12 | | and its employees and agents, incur no liability, except for |
13 | | willful and wanton conduct, as a result of any injury or death |
14 | | arising from the use of an epinephrine auto-injector. |
15 | | Section 88. The Illinois Police Training Act is amended by |
16 | | adding Section 10.19 as follows: |
17 | | (50 ILCS 705/10.19 new) |
18 | | Sec. 10.19. Training; administration of epinephrine. |
19 | | (a) This Section, along with Section 40 of the State Police |
20 | | Act, may be referred to as the Annie LeGere Law. |
21 | | (b) For purposes of this Section, "epinephrine |
22 | | auto-injector" means a single-use device used for the automatic |
23 | | injection of a pre-measured dose of epinephrine into the human |
24 | | body prescribed in the name of a local governmental agency. |
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1 | | (c) The Board shall conduct or approve an optional advanced |
2 | | training program for police officers to recognize and respond |
3 | | to anaphylaxis, including the administration of an epinephrine |
4 | | auto-injector. The training must include, but is not limited |
5 | | to: |
6 | | (1) how to recognize symptoms of an allergic reaction; |
7 | | (2) how to respond to an emergency involving an |
8 | | allergic reaction; |
9 | | (3) how to administer an epinephrine auto-injector; |
10 | | (4) how to respond to an individual with a known |
11 | | allergy as well as an individual with a previously unknown |
12 | | allergy; |
13 | | (5) a test demonstrating competency of the knowledge |
14 | | required to recognize anaphylaxis and administer an |
15 | | epinephrine auto-injector; and |
16 | | (6) other criteria as determined in rules adopted by |
17 | | the Board. |
18 | | (d) A local governmental agency may authorize a police |
19 | | officer who has completed an optional advanced training program |
20 | | under subsection (c) to carry, administer, or assist with the |
21 | | administration of epinephrine auto-injectors provided by the |
22 | | local governmental agency whenever he or she is performing |
23 | | official duties. |
24 | | (e) A local governmental agency that authorizes its |
25 | | officers to carry and administer epinephrine auto-injectors |
26 | | under subsection (d) must establish a policy to control the |
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1 | | acquisition, storage, transportation, administration, and |
2 | | disposal of epinephrine auto-injectors and to provide |
3 | | continued training in the administration of epinephrine |
4 | | auto-injectors. |
5 | | (f) A physician, physician's assistant with prescriptive |
6 | | authority, or advanced practice registered nurse with |
7 | | prescriptive authority may provide a standing protocol or |
8 | | prescription for epinephrine auto-injectors in the name of a |
9 | | local governmental agency to be maintained for use when |
10 | | necessary. |
11 | | (g) When a police officer administers an epinephrine |
12 | | auto-injector in good faith, the police officer and local |
13 | | governmental agency, and its employees and agents, incur no |
14 | | liability, except for willful and wanton conduct, as a result |
15 | | of any injury or death arising from the use of an epinephrine |
16 | | auto-injector. |
17 | | Section 90. The School Code is amended by changing Section |
18 | | 22-30 as follows:
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19 | | (105 ILCS 5/22-30)
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20 | | Sec. 22-30. Self-administration and self-carry of asthma |
21 | | medication and epinephrine auto-injectors; administration of |
22 | | undesignated epinephrine auto-injectors; administration of an |
23 | | opioid antagonist.
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24 | | (a) For the purpose of this Section only, the following |
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1 | | terms shall have the meanings set forth below:
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2 | | "Asthma inhaler" means a quick reliever asthma inhaler. |
3 | | "Epinephrine auto-injector" means a single-use device used |
4 | | for the automatic injection of a pre-measured dose of |
5 | | epinephrine into the human body.
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6 | | "Asthma medication" means a medicine, prescribed by (i) a |
7 | | physician
licensed to practice medicine in all its branches,
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8 | | (ii) a licensed physician assistant with prescriptive |
9 | | authority, or (iii) a licensed advanced practice
nurse with |
10 | | prescriptive authority
for a pupil that pertains to the pupil's
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11 | | asthma and that has an individual prescription label.
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12 | | "Opioid antagonist" means a drug that binds to opioid |
13 | | receptors and blocks or inhibits the effect of opioids acting |
14 | | on those receptors, including, but not limited to, naloxone |
15 | | hydrochloride or any other similarly acting drug approved by |
16 | | the U.S. Food and Drug Administration. |
17 | | "School nurse" means a registered nurse working in a school |
18 | | with or without licensure endorsed in school nursing. |
19 | | "Self-administration" means a pupil's discretionary use of |
20 | | his or
her prescribed asthma medication or epinephrine |
21 | | auto-injector.
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22 | | "Self-carry" means a pupil's ability to carry his or her |
23 | | prescribed asthma medication or epinephrine auto-injector. |
24 | | "Standing protocol" may be issued by (i) a physician |
25 | | licensed to practice medicine in all its branches, (ii) a |
26 | | licensed physician assistant with prescriptive authority, or |
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1 | | (iii) a licensed advanced practice nurse with prescriptive |
2 | | authority . |
3 | | "Trained personnel" means any school employee or volunteer |
4 | | personnel authorized in Sections 10-22.34, 10-22.34a, and |
5 | | 10-22.34b of this Code who has completed training under |
6 | | subsection (g) of this Section to recognize and respond to |
7 | | anaphylaxis. |
8 | | "Undesignated epinephrine auto-injector" means an |
9 | | epinephrine auto-injector prescribed in the name of a school |
10 | | district, public school, or nonpublic school. |
11 | | (b) A school, whether public or nonpublic, must permit the
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12 | | self-administration and self-carry of asthma
medication by a |
13 | | pupil with asthma or the self-administration and self-carry of |
14 | | an epinephrine auto-injector by a pupil, provided that:
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15 | | (1) the parents or
guardians of the pupil provide to |
16 | | the school (i) written
authorization from the parents or |
17 | | guardians for (A) the self-administration and self-carry |
18 | | of asthma medication or (B) the self-carry of asthma |
19 | | medication or (ii) for (A) the self-administration and |
20 | | self-carry of an epinephrine auto-injector or (B) the |
21 | | self-carry of an epinephrine auto-injector, written |
22 | | authorization from the pupil's physician, physician |
23 | | assistant, or advanced practice nurse; and
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24 | | (2) the
parents or guardians of the pupil provide to |
25 | | the school (i) the prescription label, which must contain |
26 | | the name of the asthma medication, the prescribed dosage, |
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1 | | and the time at which or circumstances under which the |
2 | | asthma medication is to be administered, or (ii) for the |
3 | | self-administration or self-carry of an epinephrine |
4 | | auto-injector, a
written
statement from the pupil's |
5 | | physician, physician assistant, or advanced practice
nurse |
6 | | containing
the following information:
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7 | | (A) the name and purpose of the epinephrine |
8 | | auto-injector;
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9 | | (B) the prescribed dosage; and
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10 | | (C) the time or times at which or the special |
11 | | circumstances
under which the epinephrine |
12 | | auto-injector is to be administered.
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13 | | The information provided shall be kept on file in the office of |
14 | | the school
nurse or,
in the absence of a school nurse, the |
15 | | school's administrator.
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16 | | (b-5) A school district, public school, or nonpublic school |
17 | | may authorize the provision of a student-specific or |
18 | | undesignated epinephrine auto-injector to a student or any |
19 | | personnel authorized under a student's Individual Health Care |
20 | | Action Plan, Illinois Food Allergy Emergency Action Plan and |
21 | | Treatment Authorization Form, or plan pursuant to Section 504 |
22 | | of the federal Rehabilitation Act of 1973 to administer an |
23 | | epinephrine auto-injector to the student, that meets the |
24 | | student's prescription on file. |
25 | | (b-10) The school district, public school, or nonpublic |
26 | | school may authorize a school nurse or trained personnel to do |
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1 | | the following: (i) provide an undesignated epinephrine |
2 | | auto-injector to a student for self-administration only or any |
3 | | personnel authorized under a student's Individual Health Care |
4 | | Action Plan, Illinois Food Allergy Emergency Action Plan and |
5 | | Treatment Authorization Form, or plan pursuant to Section 504 |
6 | | of the federal Rehabilitation Act of 1973 to administer to the |
7 | | student, that meets the student's prescription on file; (ii) |
8 | | administer an undesignated epinephrine auto-injector that |
9 | | meets the prescription on file to any student who has an |
10 | | Individual Health Care Action Plan, Illinois Food Allergy |
11 | | Emergency Action Plan and Treatment Authorization Form, or plan |
12 | | pursuant to Section 504 of the federal Rehabilitation Act of |
13 | | 1973 that authorizes the use of an epinephrine auto-injector; |
14 | | (iii) administer an undesignated epinephrine auto-injector to |
15 | | any person that the school nurse or trained personnel in good |
16 | | faith believes is having an anaphylactic reaction; and (iv) |
17 | | administer an opioid antagonist to any person that the school |
18 | | nurse or trained personnel in good faith believes is having an |
19 | | opioid overdose. |
20 | | (c) The school district, public school, or nonpublic school |
21 | | must inform the parents or
guardians of the
pupil, in writing, |
22 | | that the school district, public school, or nonpublic school |
23 | | and its
employees and
agents, including a physician, physician |
24 | | assistant, or advanced practice nurse providing standing |
25 | | protocol or prescription for school epinephrine |
26 | | auto-injectors,
are to incur no liability or professional |
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1 | | discipline, except for willful and wanton conduct, as a result
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2 | | of any injury arising from the
administration of asthma |
3 | | medication, an epinephrine auto-injector, or an opioid |
4 | | antagonist regardless of whether authorization was given by the |
5 | | pupil's parents or guardians or by the pupil's physician, |
6 | | physician assistant, or advanced practice nurse. The parents or |
7 | | guardians
of the pupil must sign a statement acknowledging that |
8 | | the school district, public school, or nonpublic school and its |
9 | | employees and agents are to incur no liability, except for |
10 | | willful and wanton
conduct, as a result of any injury arising
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11 | | from the
administration of asthma medication, an epinephrine |
12 | | auto-injector, or an opioid antagonist regardless of whether |
13 | | authorization was given by the pupil's parents or guardians or |
14 | | by the pupil's physician, physician assistant, or advanced |
15 | | practice nurse and that the parents or
guardians must indemnify |
16 | | and hold harmless the school district, public school, or |
17 | | nonpublic
school and
its
employees and agents against any |
18 | | claims, except a claim based on willful and
wanton conduct, |
19 | | arising out of the
administration of asthma medication, an |
20 | | epinephrine auto-injector, or an opioid antagonist regardless |
21 | | of whether authorization was given by the pupil's parents or |
22 | | guardians or by the pupil's physician, physician assistant, or |
23 | | advanced practice nurse. |
24 | | (c-5) When a school nurse or trained personnel administers |
25 | | an undesignated epinephrine auto-injector to a person whom the |
26 | | school nurse or trained personnel in good faith believes is |
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1 | | having an anaphylactic reaction , or administers an opioid |
2 | | antagonist to a person whom the school nurse or trained |
3 | | personnel in good faith believes is having an opioid overdose, |
4 | | notwithstanding the lack of notice to the parents or guardians |
5 | | of the pupil or the absence of the parents or guardians signed |
6 | | statement acknowledging no liability, except for willful and |
7 | | wanton conduct, the school district, public school, or |
8 | | nonpublic school and its employees and agents, and a physician, |
9 | | a physician assistant, or an advanced practice nurse providing |
10 | | standing protocol or prescription for undesignated epinephrine |
11 | | auto-injectors, are to incur no liability or professional |
12 | | discipline, except for willful and wanton conduct, as a result |
13 | | of any injury arising from the use of an undesignated |
14 | | epinephrine auto-injector or the use of an opioid antagonist |
15 | | regardless of whether authorization was given by the pupil's |
16 | | parents or guardians or by the pupil's physician, physician |
17 | | assistant, or advanced practice nurse.
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18 | | (d) The permission for self-administration and self-carry |
19 | | of asthma medication or the self-administration and self-carry |
20 | | of an epinephrine auto-injector is effective
for the school |
21 | | year for which it is granted and shall be renewed each
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22 | | subsequent school year upon fulfillment of the requirements of |
23 | | this
Section.
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24 | | (e) Provided that the requirements of this Section are |
25 | | fulfilled, a
pupil with asthma may self-administer and |
26 | | self-carry his or her asthma medication or a pupil may |
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1 | | self-administer and self-carry an epinephrine auto-injector |
2 | | (i) while in
school, (ii) while at a school-sponsored activity, |
3 | | (iii) while under the
supervision of
school personnel, or (iv) |
4 | | before or after normal school activities, such
as while in |
5 | | before-school or after-school care on school-operated
property |
6 | | or while being transported on a school bus .
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7 | | (e-5) Provided that the requirements of this Section are |
8 | | fulfilled, a school nurse or trained personnel may administer |
9 | | an undesignated epinephrine auto-injector to any person whom |
10 | | the school nurse or trained personnel in good faith believes to |
11 | | be having an anaphylactic reaction (i) while in school, (ii) |
12 | | while at a school-sponsored activity, (iii) while under the |
13 | | supervision of school personnel, or (iv) before or after normal |
14 | | school activities, such
as while in before-school or |
15 | | after-school care on school-operated property or while being |
16 | | transported on a school bus . A school nurse or trained |
17 | | personnel may carry undesignated epinephrine auto-injectors on |
18 | | his or her person while in school or at a school-sponsored |
19 | | activity. |
20 | | (e-10) Provided that the requirements of this Section are |
21 | | fulfilled, a school nurse or trained personnel may administer |
22 | | an opioid antagonist to any person whom the school nurse or |
23 | | trained personnel in good faith believes to be having an opioid |
24 | | overdose (i) while in school, (ii) while at a school-sponsored |
25 | | activity, (iii) while under the supervision of school |
26 | | personnel, or (iv) before or after normal school activities, |
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1 | | such as while in before-school or after-school care on |
2 | | school-operated property. A school nurse or trained personnel |
3 | | may carry an opioid antagonist on their person while in school |
4 | | or at a school-sponsored activity. |
5 | | (f) The school district, public school, or nonpublic school |
6 | | may maintain a supply of undesignated epinephrine |
7 | | auto-injectors in any secure location that is accessible |
8 | | before, during, and after school where an allergic person is |
9 | | most at risk, including, but not limited to, classrooms and |
10 | | lunchrooms. A physician, a physician assistant who has been |
11 | | delegated prescriptive authority in accordance with Section |
12 | | 7.5 of the Physician Assistant Practice Act of 1987, or an |
13 | | advanced practice nurse who has been delegated prescriptive |
14 | | authority in accordance with Section 65-40 of the Nurse |
15 | | Practice Act may prescribe undesignated epinephrine |
16 | | auto-injectors in the name of the school district, public |
17 | | school, or nonpublic school to be maintained for use when |
18 | | necessary. Any supply of epinephrine auto-injectors shall be |
19 | | maintained in accordance with the manufacturer's instructions. |
20 | | The school district, public school, or nonpublic school may |
21 | | maintain a supply of an opioid antagonist in any secure |
22 | | location where an individual may have an opioid overdose. A |
23 | | health care professional who has been delegated prescriptive |
24 | | authority for opioid antagonists in accordance with Section |
25 | | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act |
26 | | may prescribe opioid antagonists in the name of the school |
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1 | | district, public school, or nonpublic school, to be maintained |
2 | | for use when necessary. Any supply of opioid antagonists shall |
3 | | be maintained in accordance with the manufacturer's |
4 | | instructions. |
5 | | (f-3) Whichever entity initiates the process of obtaining |
6 | | undesignated epinephrine auto-injectors and providing training |
7 | | to personnel for carrying and administering undesignated |
8 | | epinephrine auto-injectors shall pay for the costs of the |
9 | | undesignated epinephrine auto-injectors. |
10 | | (f-5) Upon any administration of an epinephrine |
11 | | auto-injector, a school district, public school, or nonpublic |
12 | | school must immediately activate the EMS system and notify the |
13 | | student's parent, guardian, or emergency contact, if known. |
14 | | Upon any administration of an opioid antagonist, a school |
15 | | district, public school, or nonpublic school must immediately |
16 | | activate the EMS system and notify the student's parent, |
17 | | guardian, or emergency contact, if known. |
18 | | (f-10) Within 24 hours of the administration of an |
19 | | undesignated epinephrine auto-injector, a school district, |
20 | | public school, or nonpublic school must notify the physician, |
21 | | physician assistant, or advanced advance practice nurse who |
22 | | provided the standing protocol or prescription for the |
23 | | undesignated epinephrine auto-injector of its use. |
24 | | Within 24 hours after the administration of an opioid |
25 | | antagonist, a school district, public school, or nonpublic |
26 | | school must notify the health care professional who provided |
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1 | | the prescription for the opioid antagonist of its use. |
2 | | (g) Prior to the administration of an undesignated |
3 | | epinephrine auto-injector, trained personnel must submit to |
4 | | their his or her school's administration proof of completion of |
5 | | a training curriculum to recognize and respond to anaphylaxis |
6 | | that meets the requirements of subsection (h) of this Section. |
7 | | Training must be completed annually. Trained personnel must |
8 | | also submit to his or her school's administration proof of |
9 | | cardiopulmonary resuscitation and automated external |
10 | | defibrillator certification. The school district, public |
11 | | school, or nonpublic school must maintain records related to |
12 | | the training curriculum and trained personnel. |
13 | | Prior to the administration of an opioid antagonist, |
14 | | trained personnel must submit to their school's administration |
15 | | proof of completion of a training curriculum to recognize and |
16 | | respond to an opioid overdose, which curriculum must meet the |
17 | | requirements of subsection (h-5) of this Section. Training must |
18 | | be completed annually. Trained personnel must also submit to |
19 | | the school's administration proof of cardiopulmonary |
20 | | resuscitation and automated external defibrillator |
21 | | certification. The school district, public school, or |
22 | | nonpublic school must maintain records relating to the training |
23 | | curriculum and the trained personnel. |
24 | | (h) A training curriculum to recognize and respond to |
25 | | anaphylaxis, including the administration of an undesignated |
26 | | epinephrine auto-injector, may be conducted online or in |
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1 | | person. |
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 within a school and its |
12 | | related facilities; |
13 | | (B) steps to take to prevent exposure to allergens; |
14 | | (C) emergency follow-up procedures; |
15 | | (D) how to respond to a student with a known allergy, |
16 | | as well as a student with a previously unknown allergy; and |
17 | | (E) other criteria as determined in rules adopted |
18 | | pursuant to this Section. It must include, but is not |
19 | | limited to: |
20 | | (1) how to recognize symptoms of an allergic reaction; |
21 | | (2) a review of high-risk areas within the school and |
22 | | its related facilities; |
23 | | (3) steps to take to prevent exposure to allergens; |
24 | | (4) how to respond to an emergency involving an |
25 | | allergic reaction; |
26 | | (5) how to administer an epinephrine auto-injector; |
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1 | | (6) how to respond to a student with a known allergy as |
2 | | well as a student with a previously unknown allergy; |
3 | | (7) a test demonstrating competency of the knowledge |
4 | | required to recognize anaphylaxis and administer an |
5 | | epinephrine auto-injector; and |
6 | | (8) other criteria as determined in rules adopted |
7 | | pursuant to this Section. |
8 | | In consultation with statewide professional organizations |
9 | | representing physicians licensed to practice medicine in all of |
10 | | its branches, registered nurses, and school nurses, the State |
11 | | Board of Education shall make available resource materials |
12 | | consistent with criteria in this subsection (h) for educating |
13 | | trained personnel to recognize and respond to anaphylaxis. The |
14 | | State Board may take into consideration the curriculum on this |
15 | | subject developed by other states, as well as any other |
16 | | curricular materials suggested by medical experts and other |
17 | | groups that work on life-threatening allergy issues. The State |
18 | | Board is not required to create new resource materials. The |
19 | | State Board shall make these resource materials available on |
20 | | its Internet website. |
21 | | (h-5) A training curriculum to recognize and respond to an |
22 | | opioid overdose, including the administration of an opioid |
23 | | antagonist, may be conducted online or in person. The training |
24 | | must comply with any training requirements under Section 5-23 |
25 | | of the Alcoholism and Other Drug Abuse and Dependency Act and |
26 | | the corresponding rules. It must include, but is not limited |
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1 | | to: |
2 | | (1) how to recognize symptoms of an opioid overdose; |
3 | | (2) information on drug overdose prevention and |
4 | | recognition; |
5 | | (3) how to perform rescue breathing and resuscitation; |
6 | | (4) how to respond to an emergency involving an opioid |
7 | | overdose; |
8 | | (5) opioid antagonist dosage and administration; |
9 | | (6) the importance of calling 911; |
10 | | (7) care for the overdose victim after administration |
11 | | of the overdose antagonist; |
12 | | (8) a test demonstrating competency of the knowledge |
13 | | required to recognize an opioid overdose and administer a |
14 | | dose of an opioid antagonist; and |
15 | | (9) other criteria as determined in rules adopted |
16 | | pursuant to this Section. |
17 | | (i) Within 3 days after the administration of an |
18 | | undesignated epinephrine auto-injector by a school nurse, |
19 | | trained personnel, or a student at a school or school-sponsored |
20 | | activity, the school must report to the State Board of |
21 | | Education in a form and manner prescribed by the State Board |
22 | | the following information: |
23 | | (1) age and type of person receiving epinephrine |
24 | | (student, staff, visitor); |
25 | | (2) any previously known diagnosis of a severe allergy; |
26 | | (3) trigger that precipitated allergic episode; |
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1 | | (4) location where symptoms developed; |
2 | | (5) number of doses administered; |
3 | | (6) type of person administering epinephrine (school |
4 | | nurse, trained personnel, student); and |
5 | | (7) any other information required by the State Board. |
6 | | If a school district, public school, or nonpublic school |
7 | | maintains or has an independent contractor providing |
8 | | transportation to students who maintains a supply of |
9 | | undesignated epinephrine auto-injectors, then the school |
10 | | district, public school, or nonpublic school must report that |
11 | | information to the State Board of Education upon adoption or |
12 | | change of the policy of the school district, public school, |
13 | | nonpublic school, or independent contractor, in a manner as |
14 | | prescribed by the State Board. The report must include the |
15 | | number of undesignated epinephrine auto-injectors in supply. |
16 | | (i-5) Within 3 days after the administration of an opioid |
17 | | antagonist by a school nurse or trained personnel, the school |
18 | | must report to the State Board, in a form and manner prescribed |
19 | | by the State Board, the following information: |
20 | | (1) the age and type of person receiving the opioid |
21 | | antagonist (student, staff, or visitor); |
22 | | (2) the location where symptoms developed; |
23 | | (3) the type of person administering the opioid |
24 | | antagonist (school nurse or trained personnel); and |
25 | | (4) any other information required by the State Board. |
26 | | (j) By October 1, 2015 and every year thereafter, the State |
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1 | | Board of Education shall submit a report to the General |
2 | | Assembly identifying the frequency and circumstances of |
3 | | epinephrine administration during the preceding academic year. |
4 | | Beginning with the 2017 report, the report shall also contain |
5 | | information on which school districts, public schools, and |
6 | | nonpublic schools maintain or have independent contractors |
7 | | providing transportation to students who maintain a supply of |
8 | | undesignated epinephrine auto-injectors. This report shall be |
9 | | published on the State Board's Internet website on the date the |
10 | | report is delivered to the General Assembly. |
11 | | On or before October 1, 2016 and every year thereafter, the |
12 | | State Board shall submit a report to the General Assembly and |
13 | | the Department of Public Health identifying the frequency and |
14 | | circumstances of opioid antagonist administration during the |
15 | | preceding academic year. This report shall be published on the |
16 | | State Board's Internet website on the date the report is |
17 | | delivered to the General Assembly. |
18 | | (k) The State Board of Education may adopt rules necessary |
19 | | to implement this Section. |
20 | | (l) Nothing in this Section shall limit the amount of |
21 | | epinephrine auto-injectors that any type of school or student |
22 | | may carry or maintain a supply of. |
23 | | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; |
24 | | 99-480, eff. 9-9-15; revised 10-13-15.)
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25 | | Section 95. The Illinois Food, Drug and Cosmetic Act is |
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1 | | amended by changing Section 3.21 as follows:
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2 | | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
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3 | | Sec. 3.21. Except as authorized by this Act, the Illinois |
4 | | Controlled Substances
Act, the Pharmacy Practice Act, the |
5 | | Dental Practice Act, the Medical
Practice Act of 1987, the |
6 | | Veterinary Medicine and Surgery Practice Act of
2004, the |
7 | | Podiatric Medical Practice Act of 1987, or Section 22-30 of the |
8 | | School Code, Section 40 of the State Police Act, Section 10.19 |
9 | | of the Illinois Police Training Act, or the Epinephrine |
10 | | Auto-Injector Act, to sell or dispense a
prescription drug |
11 | | without a prescription.
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12 | | (Source: P.A. 99-78, eff. 7-20-15.)
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13 | | Section 100. The State Mandates Act is amended by adding |
14 | | Section 8.40 as follows: |
15 | | (30 ILCS 805/8.40 new) |
16 | | Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 |
17 | | of this Act, no reimbursement by the State is required for the |
18 | | implementation of any mandate created by Section 40 of the |
19 | | State Police Act and Section 10.19 of the Illinois Police |
20 | | Training Act. ".
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