HB5892eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
522-30 as follows:
 
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration and self-carry of asthma
8medication and epinephrine auto-injectors; administration of
9undesignated epinephrine auto-injectors school nurse
10administration.
11    (a) For the purpose of this Section only, the following
12terms shall have the meanings set forth below In this Section:
13    "Asthma inhaler" means a quick reliever asthma inhaler.
14    "Epinephrine auto-injector" means a single-use device used
15for the automatic injection of a pre-measured dose of
16epinephrine into the human body medical device for immediate
17self-administration by a person at risk of anaphylaxis.
18    "Asthma medication Medication" means a medicine,
19prescribed by (i) a physician licensed to practice medicine in
20all its branches, (ii) a physician assistant who has been
21delegated the authority to prescribe asthma medications by his
22or her supervising physician, or (iii) an advanced practice
23registered nurse who has a written collaborative agreement with

 

 

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1a collaborating physician that delegates the authority to
2prescribe asthma medications, for a pupil that pertains to the
3pupil's asthma and that has an individual prescription label.
4    "School nurse" means a registered nurse working in a school
5with or without licensure endorsed in school nursing.
6    "Self-administration" means a pupil's discretionary use of
7and ability to carry his or her prescribed asthma medication or
8epinephrine auto-injector.
9    "Self-carry" means a pupil's ability to carry his or her
10prescribed asthma medication or epinephrine auto-injector.
11    "Standing protocol" may be issued by (i) a physician
12licensed to practice medicine in all its branches, (ii) a
13physician assistant who has been delegated the authority to
14prescribe asthma medications or epinephrine auto-injectors by
15his or her supervising physician, or (iii) an advanced practice
16nurse who has a collaborative agreement with a collaborating
17physician that delegates authority to issue a standing protocol
18for asthma medications or epinephrine auto-injectors.
19    "Trained personnel" means any school employee or volunteer
20personnel authorized in Sections 10-22.34, 10-22.34a, and
2110-22.34b of this Code who has completed training under
22subsection (g) of this Section to recognize and respond to
23anaphylaxis.
24    "Undesignated epinephrine auto-injector" means an
25epinephrine auto-injector prescribed in the name of a school
26district, public school, or nonpublic school.

 

 

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1    (b) A school, whether public or nonpublic, must permit the
2self-administration and self-carry of asthma medication by a
3pupil with asthma or the self-administration and self-carry use
4of an epinephrine auto-injector by a pupil, provided that:
5        (1) the parents or guardians of the pupil provide to
6    the school (i) written authorization from the parents or
7    guardians for (A) the self-administration and self-carry
8    of asthma medication or (B) the self-carry of asthma
9    medication or (ii) for (A) the self-administration and
10    self-carry of an epinephrine auto-injector or (B) the
11    self-carry use of an epinephrine auto-injector, written
12    authorization from the pupil's physician, physician
13    assistant, or advanced practice registered nurse; and
14        (2) the parents or guardians of the pupil provide to
15    the school (i) the prescription label, which must contain
16    the name of the asthma medication, the prescribed dosage,
17    and the time at which or circumstances under which the
18    asthma medication is to be administered, or (ii) for the
19    self-administration or self-carry use of an epinephrine
20    auto-injector, a written statement from the pupil's
21    physician, physician assistant, or advanced practice
22    registered nurse containing the following information:
23            (A) the name and purpose of the epinephrine
24        auto-injector;
25            (B) the prescribed dosage; and
26            (C) the time or times at which or the special

 

 

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1        circumstances under which the epinephrine
2        auto-injector is to be administered.
3The information provided shall be kept on file in the office of
4the school nurse or, in the absence of a school nurse, the
5school's administrator.
6    (b-5) A school district, public school, or nonpublic school
7may authorize the provision of a student-specific or
8undesignated an epinephrine auto-injector to a student or any
9personnel authorized under a student's Individual Health Care
10Action Plan, Illinois Food Allergy Emergency Action Plan and
11Treatment Authorization Form, or plan pursuant to Section 504
12of the federal Rehabilitation Act of 1973 to administer an
13epinephrine auto-injector to the student, that meets the
14student's prescription on file.
15    (b-10) The school district, public school, or nonpublic
16school may authorize a school nurse or trained personnel to do
17the following: (i) provide an undesignated epinephrine
18auto-injector to a student for self-administration only or any
19personnel authorized under a student's Individual Health Care
20Action Plan, Illinois Food Allergy Emergency Action Plan and
21Treatment Authorization Form, or plan pursuant to Section 504
22of the federal Rehabilitation Act of 1973 to administer an
23epinephrine auto-injector to the student, that meets the
24student's prescription on file; (ii) administer an
25undesignated epinephrine auto-injector that meets the
26prescription on file to any student who has an Individual

 

 

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1Health Care Action Plan, Illinois Food Allergy Emergency Action
2Plan and Treatment Authorization Form, or plan pursuant to
3Section 504 of the federal Rehabilitation Act of 1973 that
4authorizes the use of an epinephrine Epinephrine
5auto-injector; and (iii) administer an undesignated
6epinephrine auto-injector to any person student that the school
7nurse or trained personnel in good faith professionally
8believes is having an anaphylactic reaction.
9    (c) The school district, public school, or nonpublic school
10must inform the parents or guardians of the pupil, in writing,
11that the school district, public school, or nonpublic school
12and its employees and agents, including a physician, physician
13assistant, or advanced practice nurse providing standing
14protocol or prescription for school epinephrine
15auto-injectors, are to incur no liability or professional
16discipline, except for willful and wanton conduct, as a result
17of any injury arising from the administration
18self-administration of asthma medication or use of an
19epinephrine auto-injector regardless of whether authorization
20was given by the pupil's parents or guardians or by the pupil's
21physician, physician physician's assistant, or advanced
22practice registered nurse. The parents or guardians of the
23pupil must sign a statement acknowledging that the school
24district, public school, or nonpublic school and its employees
25and agents are to incur no liability, except for willful and
26wanton conduct, as a result of any injury arising from the

 

 

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1administration self-administration of asthma medication or use
2of an epinephrine auto-injector regardless of whether
3authorization was given by the pupil's parents or guardians or
4by the pupil's physician, physician physician's assistant, or
5advanced practice registered nurse and that the parents or
6guardians must indemnify and hold harmless the school district,
7public school, or nonpublic school and its employees and agents
8against any claims, except a claim based on willful and wanton
9conduct, arising out of the administration self-administration
10of asthma medication or use of an epinephrine auto-injector
11regardless of whether authorization was given by the pupil's
12parents or guardians or by the pupil's physician, physician
13physician's assistant, or advanced practice registered nurse.
14    (c-5) Upon the effective date of this amendatory Act of the
1598th General Assembly, when When a school nurse or trained
16personnel administers an undesignated epinephrine
17auto-injector to a person student whom the school nurse or
18trained personnel in good faith professionally believes is
19having an anaphylactic reaction, notwithstanding the lack of
20notice to the parents or guardians of the pupil or the absence
21of the parents or guardians signed statement acknowledging no
22liability, except for willful and wanton conduct, the school
23district, public school, or nonpublic school and its employees
24and agents, and including a physician, a physician assistant,
25or an advanced practice nurse providing standing protocol or
26prescription for undesignated school epinephrine

 

 

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1auto-injectors, are to incur no liability or professional
2discipline, except for willful and wanton conduct, as a result
3of any injury arising from the use of an undesignated
4epinephrine auto-injector regardless of whether authorization
5was given by the pupil's parents or guardians or by the pupil's
6physician, physician physician's assistant, or advanced
7practice registered nurse.
8    (d) The permission for self-administration and self-carry
9of asthma medication or the self-administration and self-carry
10use of an epinephrine auto-injector is effective for the school
11year for which it is granted and shall be renewed each
12subsequent school year upon fulfillment of the requirements of
13this Section.
14    (e) Provided that the requirements of this Section are
15fulfilled, a pupil with asthma may self-administer and
16self-carry possess and use his or her asthma medication or a
17pupil may self-administer and self-carry possess and use an
18epinephrine auto-injector (i) while in school, (ii) while at a
19school-sponsored activity, (iii) while under the supervision
20of school personnel, or (iv) before or after normal school
21activities, such as while in before-school or after-school care
22on school-operated property.
23    (e-5) Provided that the requirements of this Section are
24fulfilled, a school nurse or trained personnel may administer
25an undesignated epinephrine auto-injector to any person whom
26the school nurse or trained personnel in good faith believes to

 

 

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1be having an anaphylactic reaction (i) while in school, (ii)
2while at a school-sponsored activity, (iii) while under the
3supervision of school personnel, or (iv) before or after normal
4school activities, such as while in before-school or
5after-school care on school-operated property. A school nurse
6or trained personnel may carry undesignated epinephrine
7auto-injectors on his or her person while in school or at a
8school-sponsored activity.
9    (f) The school district, public school, or nonpublic school
10may maintain at a school in a locked, secure location a supply
11of undesignated epinephrine auto-injectors in any secure
12location where an allergic person is most at risk, including,
13but not limited to, classrooms and lunchrooms. A physician, a
14physician assistant who has been delegated prescriptive
15authority for asthma medication or epinephrine auto-injectors
16in accordance with Section 7.5 of the Physician Assistant
17Practice Act of 1987, or an advanced practice nurse who has
18been delegated prescriptive authority for asthma medication or
19epinephrine auto-injectors in accordance with Section 65-40 of
20the Nurse Practice Act may prescribe undesignated epinephrine
21auto-injectors in the name of the school district, public
22school, or nonpublic school to be maintained for use when
23necessary. Any supply of epinephrine auto-injectors shall be
24maintained in accordance with the manufacturer's instructions.
25The school district or nonpublic school supply of epinephrine
26auto-injectors may be provided to and utilized by any student

 

 

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1authorized to self-administer that meets the prescription on
2file or by any personnel authorized under a student's
3Individual Health Care Action Plan, Illinois Food Allergy
4Emergency Action Plan and Treatment Authorization Form, or plan
5pursuant to Section 504 of the federal Rehabilitation Act of
61973 to administer an epinephrine auto-injector to the student,
7that meets the prescription on file. When a student does not
8have an epinephrine auto-injector or a prescription for an
9epinephrine auto-injector on file, the school nurse may utilize
10the school district or nonpublic school supply of epinephrine
11auto-injectors to respond to anaphylactic reaction, under a
12standing protocol from a physician licensed to practice
13medicine in all its branches and the requirements of this
14Section.
15    (f-5) Upon any administration of an epinephrine
16auto-injector, a school district, public school, or nonpublic
17school must immediately activate the EMS system and notify the
18student's parent, guardian, or emergency contact, if known.
19    (f-10) Within 24 hours of the administration of an
20undesignated epinephrine auto-injector, a school district,
21public school, or nonpublic school must notify the physician,
22physician assistant, or advance practice nurse who provided the
23standing protocol or prescription for the undesignated
24epinephrine auto-injector of its use.
25    (g) Prior to the administration of an undesignated
26epinephrine auto-injector, trained personnel must submit to

 

 

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1his or her school's administration proof of completion of a
2training curriculum to recognize and respond to anaphylaxis
3that meets the requirements of subsection (h) of this Section.
4Training must be completed annually. Trained personnel must
5also submit to his or her school's administration proof of
6cardiopulmonary resuscitation and automated external
7defibrillator certification. The school district, public
8school, or nonpublic school must maintain records related to
9the training curriculum and trained personnel.
10    (h) A training curriculum to recognize and respond to
11anaphylaxis, including the administration of an undesignated
12epinephrine auto-injector, may be conducted online or in
13person. It must include, but is not limited to:
14        (1) how to recognize symptoms of an allergic reaction;
15        (2) a review of high-risk areas within the school and
16    its related facilities;
17        (3) steps to take to prevent exposure to allergens;
18        (4) how to respond to an emergency involving an
19    allergic reaction;
20        (5) how to administer an epinephrine auto-injector;
21        (6) how to respond to a student with a known allergy as
22    well as a student with a previously unknown allergy;
23        (7) a test demonstrating competency of the knowledge
24    required to recognize anaphylaxis and administer an
25    epinephrine auto-injector; and
26        (8) other criteria as determined in rules adopted

 

 

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1    pursuant to this Section.
2    In consultation with statewide professional organizations
3representing physicians licensed to practice medicine in all of
4its branches, registered nurses, and school nurses, the Board
5shall make available resource materials consistent with
6criteria in this subsection (h) for educating trained personnel
7to recognize and respond to anaphylaxis. The Board may take
8into consideration the curriculum on this subject developed by
9other states, as well as any other curricular materials
10suggested by medical experts and other groups that work on
11life-threatening allergy issues. The Board is not required to
12create new resource materials. The Board shall make these
13resource materials available on its Internet website.
14    (i) Within 3 days after the administration of an
15undesignated epinephrine auto-injector by a school nurse,
16trained personnel, or a student at a school or school-sponsored
17activity, the school must report to the Board in a form and
18manner prescribed by the Board the following information:
19        (1) age and type of person receiving epinephrine
20    (student, staff, visitor);
21        (2) any previously known diagnosis of a severe allergy;
22        (3) trigger that precipitated allergic episode;
23        (4) location where symptoms developed;
24        (5) number of doses administered;
25        (6) type of person administering epinephrine (school
26    nurse, trained personnel, student); and

 

 

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1        (7) any other information required by the Board.
2    (j) By October 1, 2015 and every year thereafter, the Board
3shall submit a report to the General Assembly identifying the
4frequency and circumstances of epinephrine administration
5during the preceding academic year. This report shall be
6published on the Board's Internet website on the date the
7report is delivered to the General Assembly.
8    (k) The Board may adopt rules necessary to implement this
9Section.
10(Source: P.A. 96-1460, eff. 8-20-10; 97-361, eff. 8-15-11.)
 
11    Section 99. Effective date. This Act takes effect August 1,
122014.