Full Text of HB4462 99th General Assembly
HB4462ham004 99TH GENERAL ASSEMBLY | Rep. Michelle Mussman Filed: 4/11/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4462
| 2 | | AMENDMENT NO. ______. Amend House Bill 4462, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 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:
| 19 | | (105 ILCS 5/22-30)
| 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.
| 24 | | (a) For the purpose of this Section only, the following |
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| 1 | | terms shall have the meanings set forth below:
| 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.
| 6 | | "Asthma medication" means a medicine, prescribed by (i) a | 7 | | physician
licensed to practice medicine in all its branches,
| 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
| 11 | | asthma and that has an individual prescription label.
| 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.
| 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
| 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:
| 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
| 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:
| 7 | | (A) the name and purpose of the epinephrine | 8 | | auto-injector;
| 9 | | (B) the prescribed dosage; and
| 10 | | (C) the time or times at which or the special | 11 | | circumstances
under which the epinephrine | 12 | | auto-injector is to be administered.
| 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.
| 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
| 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
| 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.
| 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
| 22 | | subsequent school year upon fulfillment of the requirements of | 23 | | this
Section.
| 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 .
| 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.)
| 25 | | Section 95. The Illinois Food, Drug and Cosmetic Act is |
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| 1 | | amended by changing Section 3.21 as follows:
| 2 | | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| 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.
| 12 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 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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