Full Text of HB3294 97th General Assembly
HB3294 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3294 Introduced 2/24/2011, by Rep. Chris Nybo SYNOPSIS AS INTRODUCED: |
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Creates the School Access to Emergency Epinephrine Act. Provides that the purpose of the Act is to allow schools to have access to life-saving emergency epinephrine auto-injectors if and when a student has an anaphylaxis reaction and to allow the school to have personnel trained to administer an emergency epinephrine auto-injector. Provides that a school district may provide emergency epinephrine auto-injectors to trained personnel, and trained personnel may utilize those epinephrine auto-injectors to provide emergency medical. Provides that each public and private elementary and secondary school in the State may make emergency epinephrine auto-injectors and trained personnel available at its school and may designate one or more school personnel to receive initial and annual refresher training. Sets forth provisions concerning trained personnel, minimum standards and training, school plan, and limitation of liability. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning schools.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the School | 5 | | Access to Emergency Epinephrine Act. | 6 | | Section 5. Findings and purpose.
The purpose of this Act is | 7 | | to allow schools to have access to life-saving emergency | 8 | | epinephrine
auto-injectors if and when a student has an | 9 | | anaphylaxis reaction and to allow the school to have
personnel | 10 | | trained to administer an emergency epinephrine auto-injector | 11 | | if the student has an
anaphylaxis reaction, regardless of | 12 | | whether that student had previously disclosed to the school a
| 13 | | food or other allergy or sensitivity. | 14 | | Section 10. Definitions. For the purposes of this Act:
| 15 | | "Anaphylaxis" means a potentially life-threatening | 16 | | hypersensitivity to a substance. Symptoms of anaphylaxis may | 17 | | include shortness of breath, wheezing, difficulty
breathing, | 18 | | difficulty talking or swallowing, hives, itching, swelling, | 19 | | shock, or
asthma. Causes of anaphylaxis may include, but are | 20 | | not limited to, an insect sting, food
allergy, drug reaction, | 21 | | and exercise. | 22 | | "Epinephrine auto-injector" means a disposable drug |
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| 1 | | delivery system with a spring activated
concealed needle that | 2 | | is designed for emergency administration of epinephrine
to | 3 | | provide rapid, convenient first aid for persons suffering a | 4 | | potentially fatal reaction to
anaphylaxis. | 5 | | "Physician" means a person licensed under the Medical | 6 | | Practice Act of 1987 to practice
medicine in all of its | 7 | | branches. | 8 | | Section 15. School districts; public and private | 9 | | elementary and secondary Schools.
| 10 | | (a) A school district may provide emergency epinephrine | 11 | | auto-injectors to trained personnel,
and trained personnel may | 12 | | utilize those epinephrine auto-injectors to provide emergency
| 13 | | medical aid to persons suffering from an anaphylactic reaction. | 14 | | (b) Each public and private elementary and secondary school | 15 | | in the State may make
emergency epinephrine auto-injectors and | 16 | | trained personnel available at its school. | 17 | | (c) Each public and private elementary and secondary school | 18 | | in the State may designate one
or more school personnel to | 19 | | receive initial and annual refresher training from the school
| 20 | | nurse or other qualified person designated by the medical | 21 | | director of the local health
department or the local emergency | 22 | | medical services director. The training shall be based
on the | 23 | | standards developed pursuant to Section 25 of this Act | 24 | | regarding the storage and emergency
use of an epinephrine | 25 | | auto-injector. |
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| 1 | | Section 20. Trained personnel.
| 2 | | (a) A school nurse or, if the school does not have a school | 3 | | nurse, then a person who has received
training pursuant to | 4 | | Section 25 of this Act, may do the following: | 5 | | (1) Obtain from the medical director of the local | 6 | | health department or the local
emergency medical services | 7 | | director a prescription for emergency epinephrine
| 8 | | auto-injectors in order to have epinephrine auto-injectors | 9 | | on school property for
emergency use. | 10 | | (2) Immediately administer an epinephrine | 11 | | auto-injector to a person exhibiting any
symptoms of | 12 | | anaphylaxis at school or a school activity when a physician | 13 | | is not
immediately available. | 14 | | (b) A person who has received training as set forth in | 15 | | Section 25 of this Act or a school nurse may
initiate emergency | 16 | | medical services or other appropriate medical follow-up in | 17 | | accordance with
the training materials retained pursuant to | 18 | | item (5) of subsection (b) of Section 25 of this Act. | 19 | | Section 25. Minimum standards and training.
| 20 | | (a) The State Board of Education shall establish minimum | 21 | | standards of training for the
administration of epinephrine | 22 | | auto-injectors that satisfy the requirements in
subsection (b) | 23 | | of this Section. For purposes of this Section, the State Board | 24 | | of
Education shall consult with the Department of Public Health |
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| 1 | | in the creation of the
minimum standards of training. | 2 | | (b) Training established pursuant to this Section shall | 3 | | include all of the following: | 4 | | (1) Techniques for recognizing symptoms of | 5 | | anaphylaxis. | 6 | | (2) Standards and procedures for the storage and | 7 | | emergency use of
epinephrine auto-injectors. | 8 | | (3) Emergency follow-up procedures, including calling | 9 | | the emergency 911
phone number and contacting, if possible, | 10 | | the pupil's parent and physician. | 11 | | (4) Instruction and certification in cardiopulmonary | 12 | | resuscitation. | 13 | | (5) Written materials covering the information | 14 | | required under this
subsection (b). | 15 | | (c) Training established pursuant to this Section may be | 16 | | done in conjunction with
the in-service training program | 17 | | pursuant to Sections 2-3.148 and 10-22.39 of the School Code. | 18 | | (d) If a school chooses to designate one or more school | 19 | | personnel to receive training
pursuant to Section 15 of this | 20 | | Act, then the school shall retain for reference the written | 21 | | materials prepared under
item (5) of subsection (b) of this | 22 | | Section. | 23 | | Section 30. School plan.
If a school district chooses to | 24 | | provide emergency epinephrine auto-injectors pursuant to | 25 | | Section
15 of this Act, then the school district shall create a |
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| 1 | | plan to address all of the following issues: | 2 | | (1) Designation of the individual or individuals who | 3 | | will provide the training pursuant to subsection (c) of
| 4 | | Section 15 of this Act. | 5 | | (2) Designation of the medical director of the local | 6 | | health department or the local emergency
medical services | 7 | | director that the school district will consult for the | 8 | | prescription for epinephrine
auto-injectors pursuant to | 9 | | item (1) of subsection (a) of Section 20 of this Act. | 10 | | (3) Documentation as to which individual, whether it | 11 | | shall be the school nurse or other trained personnel | 12 | | pursuant
to subsection (a) of Section 20, in the school | 13 | | district shall obtain the prescription from the physician | 14 | | and the
medication from a pharmacist. | 15 | | (4) Documentation as to where the medication is stored | 16 | | and how the medication shall be made
readily available in | 17 | | case of an emergency. | 18 | | Section 35. Limitation of liability.
A claim for relief may | 19 | | not be brought against a school nurse or trained personnel who | 20 | | has
received training as set forth in Section 25 of this Act | 21 | | for an act or omission relating to the administration of
| 22 | | epinephrine to another individual in an emergency situation if | 23 | | the individual who completed the
training acted in good faith | 24 | | under the authority granted by this Act.
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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