Full Text of HB4462 99th General Assembly
HB4462 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4462 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
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Amends the School Code. In provisions concerning the self-administration and self-carry of asthma medication and epinephrine auto-injectors and the administration of undesignated epinephrine auto-injectors or an opioid antagonist, provides that the term "trained personnel" includes a school bus driver employed by an independent contractor and that, with respect to asthma medication and epinephrine auto-injectors, before and after normal school activities includes while being transported on a school bus. Provides that the secure location for a supply of undesignated epinephrine auto-injectors must be accessible before, during, and after school. Provides that if a supply of undesignated epinephrine auto-injectors is maintained, then the school district, public school, or nonpublic school must annually report that information to the State Board of Education; makes related changes.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 90. The School Code is amended by changing Section | 5 | | 22-30 as follows:
| 6 | | (105 ILCS 5/22-30)
| 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 | | opioid antagonist.
| 11 | | (a) For the purpose of this Section only, the following | 12 | | terms shall have the meanings set forth below:
| 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.
| 17 | | "Asthma medication" means a medicine, prescribed by (i) a | 18 | | physician
licensed to practice medicine in all its branches,
| 19 | | (ii) a licensed physician assistant prescriptive authority , or | 20 | | (iii) a licensed advanced practice
nurse prescriptive | 21 | | authority
for a pupil that pertains to the pupil's
asthma and | 22 | | that has an individual prescription label.
| 23 | | "Opioid antagonist" means a drug that binds to opioid |
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| 1 | | receptors and blocks or inhibits the effect of opioids acting | 2 | | on those receptors, including, but not limited to, naloxone | 3 | | hydrochloride or any other similarly acting drug approved by | 4 | | the U.S. Food and Drug Administration. | 5 | | "School nurse" means a registered nurse working in a school | 6 | | with or without licensure endorsed in school nursing. | 7 | | "Self-administration" means a pupil's discretionary use of | 8 | | his or
her prescribed asthma medication or epinephrine | 9 | | auto-injector.
| 10 | | "Self-carry" means a pupil's ability to carry his or her | 11 | | prescribed asthma medication or epinephrine auto-injector. | 12 | | "Standing protocol" may be issued by (i) a physician | 13 | | licensed to practice medicine in all its branches, (ii) a | 14 | | licensed physician assistant prescriptive authority , or (iii) | 15 | | a licensed advanced practice nurse prescriptive . | 16 | | "Trained personnel" means any school employee , school bus | 17 | | driver employed by an independent contractor, or volunteer | 18 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 19 | | 10-22.34b of this Code who has completed training under | 20 | | subsection (g) of this Section to recognize and respond to | 21 | | anaphylaxis. | 22 | | "Undesignated epinephrine auto-injector" means an | 23 | | epinephrine auto-injector prescribed in the name of a school | 24 | | district, public school, or nonpublic school. | 25 | | (b) A school, whether public or nonpublic, must permit the
| 26 | | self-administration and self-carry of asthma
medication by a |
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| 1 | | pupil with asthma or the self-administration and self-carry of | 2 | | an epinephrine auto-injector by a pupil, provided that:
| 3 | | (1) the parents or
guardians of the pupil provide to | 4 | | the school (i) written
authorization from the parents or | 5 | | guardians for (A) the self-administration and self-carry | 6 | | of asthma medication or (B) the self-carry of asthma | 7 | | medication or (ii) for (A) the self-administration and | 8 | | self-carry of an epinephrine auto-injector or (B) the | 9 | | self-carry of an epinephrine auto-injector, written | 10 | | authorization from the pupil's physician, physician | 11 | | assistant, or advanced practice nurse; and
| 12 | | (2) the
parents or guardians of the pupil provide to | 13 | | the school (i) the prescription label, which must contain | 14 | | the name of the asthma medication, the prescribed dosage, | 15 | | and the time at which or circumstances under which the | 16 | | asthma medication is to be administered, or (ii) for the | 17 | | self-administration or self-carry of an epinephrine | 18 | | auto-injector, a
written
statement from the pupil's | 19 | | physician, physician assistant, or advanced practice
nurse | 20 | | containing
the following information:
| 21 | | (A) the name and purpose of the epinephrine | 22 | | auto-injector;
| 23 | | (B) the prescribed dosage; and
| 24 | | (C) the time or times at which or the special | 25 | | circumstances
under which the epinephrine | 26 | | auto-injector is to be administered.
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| 1 | | The information provided shall be kept on file in the office of | 2 | | the school
nurse or,
in the absence of a school nurse, the | 3 | | school's administrator.
| 4 | | (b-5) A school district, public school, or nonpublic school | 5 | | may authorize the provision of a student-specific or | 6 | | undesignated epinephrine auto-injector to a student or any | 7 | | personnel authorized under a student's Individual Health Care | 8 | | Action Plan, Illinois Food Allergy Emergency Action Plan and | 9 | | Treatment Authorization Form, or plan pursuant to Section 504 | 10 | | of the federal Rehabilitation Act of 1973 to administer an | 11 | | epinephrine auto-injector to the student, that meets the | 12 | | student's prescription on file. | 13 | | (b-10) The school district, public school, or nonpublic | 14 | | school may authorize a school nurse or trained personnel to do | 15 | | the following: (i) provide an undesignated epinephrine | 16 | | auto-injector to a student for self-administration only or any | 17 | | personnel authorized under a student's Individual Health Care | 18 | | Action Plan, Illinois Food Allergy Emergency Action Plan and | 19 | | Treatment Authorization Form, or plan pursuant to Section 504 | 20 | | of the federal Rehabilitation Act of 1973 to administer to the | 21 | | student, that meets the student's prescription on file; (ii) | 22 | | administer an undesignated epinephrine auto-injector that | 23 | | meets the prescription on file to any student who has an | 24 | | Individual Health Care Action Plan, Illinois Food Allergy | 25 | | Emergency Action Plan and Treatment Authorization Form, or plan | 26 | | pursuant to Section 504 of the federal Rehabilitation Act of |
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| 1 | | 1973 that authorizes the use of an epinephrine auto-injector; | 2 | | (iii) administer an undesignated epinephrine auto-injector to | 3 | | any person that the school nurse or trained personnel in good | 4 | | faith believes is having an anaphylactic reaction; and (iv) | 5 | | administer an opioid antagonist to any person that the school | 6 | | nurse or trained personnel in good faith believes is having an | 7 | | opioid overdose. | 8 | | (c) The school district, public school, or nonpublic school | 9 | | must inform the parents or
guardians of the
pupil, in writing, | 10 | | that the school district, public school, or nonpublic school | 11 | | and its
employees and
agents, including a physician, physician | 12 | | assistant, or advanced practice nurse providing standing | 13 | | protocol or prescription for school epinephrine | 14 | | auto-injectors,
are to incur no liability or professional | 15 | | discipline, except for willful and wanton conduct, as a result
| 16 | | of any injury arising from the
administration of asthma | 17 | | medication, an epinephrine auto-injector, or an opioid | 18 | | antagonist regardless of whether authorization was given by the | 19 | | pupil's parents or guardians or by the pupil's physician, | 20 | | physician assistant, or advanced practice nurse. The parents or | 21 | | guardians
of the pupil must sign a statement acknowledging that | 22 | | the school district, public school,
or nonpublic school and its | 23 | | employees and agents are to incur no liability, except for | 24 | | willful and wanton
conduct, as a result of any injury arising
| 25 | | from the
administration of asthma medication, an epinephrine | 26 | | auto-injector, or an opioid antagonist regardless of whether |
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| 1 | | authorization was given by the pupil's parents or guardians or | 2 | | by the pupil's physician, physician assistant, or advanced | 3 | | practice nurse and that the parents or
guardians must indemnify | 4 | | and hold harmless the school district, public school, or | 5 | | nonpublic
school and
its
employees and agents against any | 6 | | claims, except a claim based on willful and
wanton conduct, | 7 | | arising out of the
administration of asthma medication, an | 8 | | epinephrine auto-injector, or an opioid antagonist regardless | 9 | | of whether authorization was given by the pupil's parents or | 10 | | guardians or by the pupil's physician, physician assistant, or | 11 | | advanced practice nurse. | 12 | | (c-5) When a school nurse or trained personnel administers | 13 | | an undesignated epinephrine auto-injector to a person whom the | 14 | | school nurse or trained personnel in good faith believes is | 15 | | having an anaphylactic reaction , or administers an opioid | 16 | | antagonist to a person whom the school nurse or trained | 17 | | personnel in good faith believes is having an opioid overdose, | 18 | | notwithstanding the lack of notice to the parents or guardians | 19 | | of the pupil or the absence of the parents or guardians signed | 20 | | statement acknowledging no liability, except for willful and | 21 | | wanton conduct, the school district, public school, or | 22 | | nonpublic school and its employees and agents, and a physician, | 23 | | a physician assistant, or an advanced practice nurse providing | 24 | | standing protocol or prescription for undesignated epinephrine | 25 | | auto-injectors, are to incur no liability or professional | 26 | | discipline, except for willful and wanton conduct, as a result |
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| 1 | | of any injury arising from the use of an undesignated | 2 | | epinephrine auto-injector or the use of an opioid antagonist | 3 | | regardless of whether authorization was given by the pupil's | 4 | | parents or guardians or by the pupil's physician, physician | 5 | | assistant, or advanced practice nurse.
| 6 | | (d) The permission for self-administration and self-carry | 7 | | of asthma medication or the self-administration and self-carry | 8 | | of an epinephrine auto-injector is effective
for the school | 9 | | year for which it is granted and shall be renewed each
| 10 | | subsequent school year upon fulfillment of the requirements of | 11 | | this
Section.
| 12 | | (e) Provided that the requirements of this Section are | 13 | | fulfilled, a
pupil with asthma may self-administer and | 14 | | self-carry his or her asthma medication or a pupil may | 15 | | self-administer and self-carry an epinephrine auto-injector | 16 | | (i) while in
school, (ii) while at a school-sponsored activity, | 17 | | (iii) while under the
supervision of
school personnel, or (iv) | 18 | | before or after normal school activities, such
as while in | 19 | | before-school or after-school care on school-operated
property | 20 | | or while being transported on a school bus .
| 21 | | (e-5) Provided that the requirements of this Section are | 22 | | fulfilled, a school nurse or trained personnel may administer | 23 | | an undesignated epinephrine auto-injector to any person whom | 24 | | the school nurse or trained personnel in good faith believes to | 25 | | be having an anaphylactic reaction (i) while in school, (ii) | 26 | | while at a school-sponsored activity, (iii) while under the |
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| 1 | | supervision of school personnel, or (iv) before or after normal | 2 | | school activities, such
as while in before-school or | 3 | | after-school care on school-operated property or while being | 4 | | transported on a school bus . A school nurse or trained | 5 | | personnel may carry undesignated epinephrine auto-injectors on | 6 | | his or her person while in school or at a school-sponsored | 7 | | activity. | 8 | | (e-10) Provided that the requirements of this Section are | 9 | | fulfilled, a school nurse or trained personnel may administer | 10 | | an opioid antagonist to any person whom the school nurse or | 11 | | trained personnel in good faith believes to be having an opioid | 12 | | overdose (i) while in school, (ii) while at a school-sponsored | 13 | | activity, (iii) while under the supervision of school | 14 | | personnel, or (iv) before or after normal school activities, | 15 | | such as while in before-school or after-school care on | 16 | | school-operated property. A school nurse or trained personnel | 17 | | may carry an opioid antagonist on their person while in school | 18 | | or at a school-sponsored activity. | 19 | | (f) The school district, public school, or nonpublic school | 20 | | may maintain a supply of undesignated epinephrine | 21 | | auto-injectors in any secure location that is accessible | 22 | | before, during, and after school where an allergic person is | 23 | | most at risk, including, but not limited to, classrooms and | 24 | | lunchrooms. A physician, a physician assistant who has been | 25 | | delegated prescriptive authority in accordance with Section | 26 | | 7.5 of the Physician Assistant Practice Act of 1987, or an |
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| 1 | | advanced practice nurse who has been delegated prescriptive | 2 | | authority in accordance with Section 65-40 of the Nurse | 3 | | Practice Act may prescribe undesignated epinephrine | 4 | | auto-injectors in the name of the school district, public | 5 | | school, or nonpublic school to be maintained for use when | 6 | | necessary. Any supply of epinephrine auto-injectors shall be | 7 | | maintained in accordance with the manufacturer's instructions. | 8 | | The school district, public school, or nonpublic school may | 9 | | maintain a supply of an opioid antagonist in any secure | 10 | | location where an individual may have an opioid overdose. A | 11 | | health care professional who has been delegated prescriptive | 12 | | authority for opioid antagonists in accordance with Section | 13 | | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | 14 | | may prescribe opioid antagonists in the name of the school | 15 | | district, public school, or nonpublic school, to be maintained | 16 | | for use when necessary. Any supply of opioid antagonists shall | 17 | | be maintained in accordance with the manufacturer's | 18 | | instructions. | 19 | | (f-5) Upon any administration of an epinephrine | 20 | | auto-injector, a school district, public school, or nonpublic | 21 | | school must immediately activate the EMS system and notify the | 22 | | student's parent, guardian, or emergency contact, if known. | 23 | | Upon any administration of an opioid antagonist, a school | 24 | | district, public school, or nonpublic school must immediately | 25 | | activate the EMS system and notify the student's parent, | 26 | | guardian, or emergency contact, if known. |
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| 1 | | (f-10) Within 24 hours of the administration of an | 2 | | undesignated epinephrine auto-injector, a school district, | 3 | | public school, or nonpublic school must notify the physician, | 4 | | physician assistant, or advanced advance practice nurse who | 5 | | provided the standing protocol or prescription for the | 6 | | undesignated epinephrine auto-injector of its use. | 7 | | Within 24 hours after the administration of an opioid | 8 | | antagonist, a school district, public school, or nonpublic | 9 | | school must notify the health care professional who provided | 10 | | the prescription for the opioid antagonist of its use. | 11 | | (g) Prior to the administration of an undesignated | 12 | | epinephrine auto-injector, trained personnel must submit to | 13 | | their his or her school's administration proof of completion of | 14 | | a training curriculum to recognize and respond to anaphylaxis | 15 | | that meets the requirements of subsection (h) of this Section. | 16 | | Training must be completed annually. Trained personnel must | 17 | | also submit to their his or her school's administration proof | 18 | | of cardiopulmonary resuscitation and automated external | 19 | | defibrillator certification. The school district, public | 20 | | school, or nonpublic school must maintain records related to | 21 | | the training curriculum and trained personnel. | 22 | | Prior to the administration of an opioid antagonist, | 23 | | trained personnel must submit to their school's administration | 24 | | proof of completion of a training curriculum to recognize and | 25 | | respond to an opioid overdose, which curriculum must meet the | 26 | | requirements of subsection (h-5) of this Section. Training must |
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| 1 | | be completed annually. Trained personnel must also submit to | 2 | | the school's administration proof of cardiopulmonary | 3 | | resuscitation and automated external defibrillator | 4 | | certification. The school district, public school, or | 5 | | nonpublic school must maintain records relating to the training | 6 | | curriculum and the trained personnel. | 7 | | (h) A training curriculum to recognize and respond to | 8 | | anaphylaxis, including the administration of an undesignated | 9 | | epinephrine auto-injector, may be conducted online or in | 10 | | person. It must include, but is not limited to: | 11 | | (1) how to recognize symptoms of an allergic reaction; | 12 | | (2) a review of high-risk areas within the school and | 13 | | its related facilities; | 14 | | (3) steps to take to prevent exposure to allergens; | 15 | | (4) how to respond to an emergency involving an | 16 | | allergic reaction; | 17 | | (5) how to administer an epinephrine auto-injector; | 18 | | (6) how to respond to a student with a known allergy as | 19 | | well as a student with a previously unknown allergy; | 20 | | (7) a test demonstrating competency of the knowledge | 21 | | required to recognize anaphylaxis and administer an | 22 | | epinephrine auto-injector; and | 23 | | (8) other criteria as determined in rules adopted | 24 | | pursuant to this Section. | 25 | | In consultation with statewide professional organizations | 26 | | representing physicians licensed to practice medicine in all of |
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| 1 | | its branches, registered nurses, and school nurses, the State | 2 | | Board of Education shall make available resource materials | 3 | | consistent with criteria in this subsection (h) for educating | 4 | | trained personnel to recognize and respond to anaphylaxis. The | 5 | | State Board may take into consideration the curriculum on this | 6 | | subject developed by other states, as well as any other | 7 | | curricular materials suggested by medical experts and other | 8 | | groups that work on life-threatening allergy issues. The State | 9 | | Board is not required to create new resource materials. The | 10 | | State Board shall make these resource materials available on | 11 | | its Internet website. | 12 | | (h-5) A training curriculum to recognize and respond to an | 13 | | opioid overdose, including the administration of an opioid | 14 | | antagonist, may be conducted online or in person. The training | 15 | | must comply with any training requirements under Section 5-23 | 16 | | of the Alcoholism and Other Drug Abuse and Dependency Act and | 17 | | the corresponding rules. It must include, but is not limited | 18 | | to: | 19 | | (1) how to recognize symptoms of an opioid overdose; | 20 | | (2) information on drug overdose prevention and | 21 | | recognition; | 22 | | (3) how to perform rescue breathing and resuscitation; | 23 | | (4) how to respond to an emergency involving an opioid | 24 | | overdose; | 25 | | (5) opioid antagonist dosage and administration; | 26 | | (6) the importance of calling 911; |
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| 1 | | (7) care for the overdose victim after administration | 2 | | of the overdose antagonist; | 3 | | (8) a test demonstrating competency of the knowledge | 4 | | required to recognize an opioid overdose and administer a | 5 | | dose of an opioid antagonist; and | 6 | | (9) other criteria as determined in rules adopted | 7 | | pursuant to this Section. | 8 | | (i) Within 3 days after the administration of an | 9 | | undesignated epinephrine auto-injector by a school nurse, | 10 | | trained personnel, or a student at a school or school-sponsored | 11 | | activity, the school must report to the State Board of | 12 | | Education in a form and manner prescribed by the State Board | 13 | | the following information: | 14 | | (1) age and type of person receiving epinephrine | 15 | | (student, staff, visitor); | 16 | | (2) any previously known diagnosis of a severe allergy; | 17 | | (3) trigger that precipitated allergic episode; | 18 | | (4) location where symptoms developed; | 19 | | (5) number of doses administered; | 20 | | (6) type of person administering epinephrine (school | 21 | | nurse, trained personnel, student); and | 22 | | (7) any other information required by the State Board. | 23 | | If a school district, public school, or nonpublic school | 24 | | maintains a supply of undesignated epinephrine auto-injectors | 25 | | as authorized under subsection (f) of this Section, then the | 26 | | school district, public school, or nonpublic school must |
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| 1 | | annually report that information to the State Board of | 2 | | Education, in a manner as prescribed by the State Board. The | 3 | | report must include the number of undesignated epinephrine | 4 | | auto-injectors in supply. | 5 | | (i-5) Within 3 days after the administration of an opioid | 6 | | antagonist by a school nurse or trained personnel, the school | 7 | | must report to the State Board, in a form and manner prescribed | 8 | | by the State Board, the following information: | 9 | | (1) the age and type of person receiving the opioid | 10 | | antagonist (student, staff, or visitor); | 11 | | (2) the location where symptoms developed; | 12 | | (3) the type of person administering the opioid | 13 | | antagonist (school nurse or trained personnel); and | 14 | | (4) any other information required by the State Board. | 15 | | (j) By October 1, 2015 and every year thereafter, the State | 16 | | Board of Education shall submit a report to the General | 17 | | Assembly identifying the frequency and circumstances of | 18 | | epinephrine administration during the preceding academic year. | 19 | | Beginning with the 2017 report, the report shall also contain | 20 | | information on which school districts, public schools, and | 21 | | nonpublic schools maintain a supply of undesignated | 22 | | epinephrine auto-injectors as authorized under subsection (f) | 23 | | of this Section. This report shall be published on the State | 24 | | Board's Internet website on the date the report is delivered to | 25 | | the General Assembly. | 26 | | On or before October 1, 2016 and every year thereafter, the |
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| 1 | | State Board shall submit a report to the General Assembly and | 2 | | the Department of Public Health identifying the frequency and | 3 | | circumstances of opioid antagonist administration during the | 4 | | preceding academic year. This report shall be published on the | 5 | | State Board's Internet website on the date the report is | 6 | | delivered to the General Assembly. | 7 | | (k) The State Board of Education may adopt rules necessary | 8 | | to implement this Section. | 9 | | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; | 10 | | 99-480, eff. 9-9-15; revised 10-13-15.)
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