HB0991ham001 94TH GENERAL ASSEMBLY

Health Care Availability and Access Committee

Adopted in House Comm. on Feb 23, 2005

09400HB0991ham001 LRB094 06832 RXD 41844 a

AMENDMENT TO HOUSE BILL 991

AMENDMENT NO. ______. Amend House Bill 991 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Asthma Inhalers at Recreational Camps Act.

Section 5. Definitions. In this Act:

"Physician" means any physician or health practitioner with the authority to write prescriptions.

"Recreational camp" means any place set apart for recreational purposes for boys and girls. "Recreational camp" shall not apply to private camps owned or leased for individual or family use, or to any camp operated for a period of less than 10 days in a year.

Section 10. Possession, self-administration, and use of epinephrine auto-injectors or inhalers at recreation camps.

(a) A recreation camp shall permit a child with severe, potentially life-threatening allergies to possess, self-administer, and use an epinephrine auto-injector or inhaler, if the following conditions are satisfied:

(1) The child has the written approval of his or her physician and the written approval of his or her parent or guardian.

(2) The recreational camp administrator or, if a nurse is assigned to the camp, the nurse shall receive copies of the written approvals required under paragraph (1) of subsection (a) of this Section.

(3) The child's parent or guardian shall submit written verification confirming that the child has the knowledge and skills to safely possess, self-administer, and use an epinephrine auto-injector or inhaler in a camp setting.

(b) The child's parent or guardian shall provide the camp with the following information:

(1) the child's name;

(2) the name and signature of the licensed prescriber and business and emergency numbers;

(3) the name, route, and dosage of medication;

(4) the frequency and time of medication administration or assistance;

(5) the date of the order;

(6) a diagnosis and any other medical conditions requiring medications, if not a violation of confidentiality or if not contrary to the request of the parent or guardian to keep confidential;

(7) specific recommendations for administration;

(8) any special side effects, contraindications, and adverse reactions to be observed;

(9) the name of each required medication; and

(10) any severe adverse reactions that may occur to another child, for whom the epinephrine auto-injector or inhaler is not prescribed, should the other child receive a dose of the medication.

(c) If the conditions of this Act are satisfied, the child may possess, self-administer, and use an epinephrine auto-injector or inhaler at the camp or at any camp-sponsored activity, event, or program.

(d) The recreational camp must inform the parents or guardians of the child, in writing, that the recreational camp and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication to the child. The parents or guardians of the child must sign a statement acknowledging that the recreational camp is to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by the child and that the parents or guardians must indemnify and hold harmless the recreational camp and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by the child.".