Full Text of SB2889 100th General Assembly
SB2889 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2889 Introduced 2/14/2018, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
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Creates the Epinephrine Administration Act. Provides that a health care practitioner may prescribe epinephrine pre-filled syringes in the name of an authorized entity where allergens capable of causing anaphylaxis may be present. Provides that an authorized entity may acquire and stock a supply of undesignated epinephrine pre-filled syringes provided the undesignated epinephrine pre-filled syringes are stored in a specified location. Requires each employee, agent, or other individual of the authorized entity to complete a specified training program before using a pre-filled syringe to administer epinephrine. Provides that a trained employee, agent, or other individual of the authorized entity may either provide or administer an epinephrine pre-filled syringe to a person whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis. Provides that training under the Act shall be valid for 2 years. Requires the Department of Public Health to approve training programs, to list the approved programs on the Department's website, and to include links to training providers' websites on the Department's website. Contains provisions concerning costs, limitations, and rulemaking. Defines terms. Amends the School Code. In provisions concerning epinephrine administration, provides that epinephrine may be administered with a pre-filled syringe. Makes conforming changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning health.
| 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 | 5 | | Epinephrine Administration Act.
| 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Authorized entity" means any entity or organization, | 8 | | other than a school covered under Section 22-30 of the School | 9 | | Code, in connection with or at which allergens capable of | 10 | | causing anaphylaxis may be present, including, but not limited | 11 | | to, independent contractors who provide student transportation | 12 | | to schools, recreation camps, colleges and universities, day | 13 | | care facilities, youth sports leagues, amusement parks, | 14 | | restaurants, sports arenas, and places of employment. The | 15 | | Department shall, by rule, determine what constitutes a day | 16 | | care facility under this definition. | 17 | | "Department" means the Department of Public Health. | 18 | | "Epinephrine pre-filled syringe" means a pre-filled | 19 | | syringe of epinephrine used for the administration of a | 20 | | pre-measured dose of epinephrine into the human body that is | 21 | | equivalent to the dosages used in an auto-injector. | 22 | | "Health care practitioner" means a physician licensed to | 23 | | practice medicine in all its branches under the Medical |
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| 1 | | Practice Act of 1987, a physician assistant under the Physician | 2 | | Assistant Practice Act of 1987 with prescriptive authority, or | 3 | | an advanced practice nurse with prescribing authority under | 4 | | Article 65 of the Nurse Practice Act. | 5 | | "Pharmacist" has the meaning given to that term under | 6 | | subsection (k-5) of Section 3 of the Pharmacy Practice Act. | 7 | | "Undesignated epinephrine pre-filled syringe" means an | 8 | | epinephrine pre-filled syringe prescribed in the name of an | 9 | | authorized entity.
| 10 | | Section 10. Prescription to authorized entity; use; | 11 | | training. | 12 | | (a) A health care practitioner may prescribe epinephrine | 13 | | pre-filled syringes in the name of an authorized entity for use | 14 | | in accordance with this Act, and pharmacists may dispense | 15 | | epinephrine pre-filled syringes in accordance with a | 16 | | prescription issued in the name of an authorized entity. Such | 17 | | prescriptions shall be valid for a period of 2 years. | 18 | | (b) An authorized entity may acquire and stock a supply of | 19 | | undesignated epinephrine pre-filled syringes in accordance | 20 | | with a prescription issued under subsection (a) of this | 21 | | Section. Such undesignated epinephrine pre-filled syringes | 22 | | shall be stored in a location readily accessible in an | 23 | | emergency and in accordance with the instructions for use of | 24 | | the epinephrine pre-filled syringes. The Department may | 25 | | establish any additional requirements an authorized entity |
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| 1 | | must follow under this Act. | 2 | | (c) An employee or agent of an authorized entity or other | 3 | | individual who has completed training under subsection (d) of | 4 | | this Section may: | 5 | | (1) provide an epinephrine pre-filled syringe to any | 6 | | individual on the property of the authorized entity whom | 7 | | the employee, agent, or other individual believes in good | 8 | | faith is experiencing anaphylaxis, or to the parent, | 9 | | guardian, or caregiver of such individual, for immediate | 10 | | administration, regardless of whether the individual has a | 11 | | prescription for an epinephrine pre-filled syringe or has | 12 | | previously been diagnosed with an allergy; or | 13 | | (2) administer epinephrine from a pre-filled syringe | 14 | | to any individual on the property of the authorized entity | 15 | | whom the employee, agent, or other individual believes in | 16 | | good faith is experiencing anaphylaxis, regardless of | 17 | | whether the individual has a prescription for an | 18 | | epinephrine pre-filled syringe or has previously been | 19 | | diagnosed with an allergy. | 20 | | The employee or agent of an authorized entity or other | 21 | | individual under this subsection must be at least 18 years old | 22 | | to provide an epinephrine pre-filled syringe or administer | 23 | | epinephrine from a pre-filled syringe under this subsection. | 24 | | (d) An employee, agent, or other individual authorized must | 25 | | complete an anaphylaxis training program before he or she is | 26 | | able to provide or administer epinephrine from a pre-filled |
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| 1 | | syringe under this Section. Such training shall be valid for a | 2 | | period of 2 years and shall be conducted by a nationally | 3 | | recognized organization experienced in training laypersons in | 4 | | emergency health treatment. The Department shall include links | 5 | | to training providers' websites on its website. | 6 | | Training shall include, but is not limited to: | 7 | | (1) how to recognize signs and symptoms of an allergic | 8 | | reaction, including anaphylaxis; | 9 | | (2) how to administer epinephrine from a pre-filled | 10 | | syringe; and | 11 | | (3) a test demonstrating competency of the knowledge | 12 | | required to recognize anaphylaxis and administer | 13 | | epinephrine from a pre-filled syringe. | 14 | | Training may also include, but is not limited to: | 15 | | (A) a review of high-risk areas on the authorized | 16 | | entity's property and its related facilities; | 17 | | (B) steps to take to prevent exposure to allergens; | 18 | | (C) emergency follow-up procedures; and | 19 | | (D) other criteria as determined in rules adopted | 20 | | pursuant to this Act. | 21 | | Training may be conducted either online or in person. The | 22 | | Department shall approve training programs and list permitted | 23 | | training programs on the Department's Internet website. | 24 | | (e) A health care practitioner providing a prescription for | 25 | | epinephrine in accordance with this Act shall incur no | 26 | | liability or professional discipline, except for willful and |
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| 1 | | wanton misconduct, as a result of any injury arising from the | 2 | | use of epinephrine under this Act. | 3 | | Section 15. Costs. Whichever entity initiates the process | 4 | | of obtaining undesignated epinephrine pre-filled syringes and | 5 | | providing training to personnel for carrying and administering | 6 | | epinephrine from undesignated epinephrine pre-filled syringes | 7 | | shall pay for the costs of the undesignated epinephrine | 8 | | pre-filled syringes.
| 9 | | Section 20. Limitations. The use of an undesignated | 10 | | epinephrine pre-filled syringe in accordance with the | 11 | | requirements of this Act does not constitute the practice of | 12 | | medicine or any other profession that requires medical | 13 | | licensure. | 14 | | Nothing in this Act shall limit the amount of epinephrine | 15 | | pre-filled syringes that an authorized entity or individual may | 16 | | carry or maintain a supply of.
| 17 | | Section 85. Rulemaking. The Department shall adopt any | 18 | | rules necessary to implement and administer this Act.
| 19 | | Section 90. The School Code is amended by changing Section | 20 | | 22-30 as follows:
| 21 | | (105 ILCS 5/22-30)
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| 1 | | Sec. 22-30. Self-administration and self-carry of asthma | 2 | | medication and epinephrine injectors auto-injectors ; | 3 | | administration of undesignated epinephrine injectors | 4 | | auto-injectors ; administration of an opioid antagonist; asthma | 5 | | episode emergency response protocol.
| 6 | | (a) For the purpose of this Section only, the following | 7 | | terms shall have the meanings set forth below:
| 8 | | "Asthma action plan" means a written plan developed with a | 9 | | pupil's medical provider to help control the pupil's asthma. | 10 | | The goal of an asthma action plan is to reduce or prevent | 11 | | flare-ups and emergency department visits through day-to-day | 12 | | management and to serve as a student-specific document to be | 13 | | referenced in the event of an asthma episode. | 14 | | "Asthma episode emergency response protocol" means a | 15 | | procedure to provide assistance to a pupil experiencing | 16 | | symptoms of wheezing, coughing, shortness of breath, chest | 17 | | tightness, or breathing difficulty. | 18 | | "Asthma inhaler" means a quick reliever asthma inhaler. | 19 | | "Epinephrine auto-injector" means a single-use device used | 20 | | for the automatic injection of a pre-measured dose of | 21 | | epinephrine into the human body.
| 22 | | "Epinephrine injector" includes an auto-injector for the | 23 | | administration of epinephrine or a pre-filled syringe used for | 24 | | the administration of epinephrine that contain a pre-measured | 25 | | dose of epinephrine that is equivalent to the dosages used in | 26 | | an auto-injector. |
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| 1 | | "Asthma medication" means a medicine, prescribed by (i) a | 2 | | physician
licensed to practice medicine in all its branches,
| 3 | | (ii) a licensed physician assistant with prescriptive | 4 | | authority, or (iii) a licensed advanced practice registered
| 5 | | nurse with prescriptive authority
for a pupil that pertains to | 6 | | the pupil's
asthma and that has an individual prescription | 7 | | label.
| 8 | | "Opioid antagonist" means a drug that binds to opioid | 9 | | receptors and blocks or inhibits the effect of opioids acting | 10 | | on those receptors, including, but not limited to, naloxone | 11 | | hydrochloride or any other similarly acting drug approved by | 12 | | the U.S. Food and Drug Administration. | 13 | | "School nurse" means a registered nurse working in a school | 14 | | with or without licensure endorsed in school nursing. | 15 | | "Self-administration" means a pupil's discretionary use of | 16 | | his or
her prescribed asthma medication or epinephrine injector | 17 | | auto-injector .
| 18 | | "Self-carry" means a pupil's ability to carry his or her | 19 | | prescribed asthma medication or epinephrine injector | 20 | | auto-injector . | 21 | | "Standing protocol" may be issued by (i) a physician | 22 | | licensed to practice medicine in all its branches, (ii) a | 23 | | licensed physician assistant with prescriptive authority, or | 24 | | (iii) a licensed advanced practice registered nurse with | 25 | | prescriptive authority. | 26 | | "Trained personnel" means any school employee or volunteer |
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| 1 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 2 | | 10-22.34b of this Code who has completed training under | 3 | | subsection (g) of this Section to recognize and respond to | 4 | | anaphylaxis. | 5 | | "Undesignated epinephrine injector auto-injector " means an | 6 | | epinephrine injector auto-injector prescribed in the name of a | 7 | | school district, public school, or nonpublic school. | 8 | | (b) A school, whether public or nonpublic, must permit the
| 9 | | self-administration and self-carry of asthma
medication by a | 10 | | pupil with asthma or the self-administration and self-carry of | 11 | | an epinephrine injector auto-injector by a pupil, provided | 12 | | that:
| 13 | | (1) the parents or
guardians of the pupil provide to | 14 | | the school (i) written
authorization from the parents or | 15 | | guardians for (A) the self-administration and self-carry | 16 | | of asthma medication or (B) the self-carry of asthma | 17 | | medication or (ii) for (A) the self-administration and | 18 | | self-carry of an epinephrine injector auto-injector or (B) | 19 | | the self-carry of an epinephrine injector auto-injector , | 20 | | written authorization from the pupil's physician, | 21 | | physician assistant, or advanced practice registered | 22 | | nurse; and
| 23 | | (2) the
parents or guardians of the pupil provide to | 24 | | the school (i) the prescription label, which must contain | 25 | | the name of the asthma medication, the prescribed dosage, | 26 | | and the time at which or circumstances under which the |
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| 1 | | asthma medication is to be administered, or (ii) for the | 2 | | self-administration or self-carry of an epinephrine | 3 | | injector auto-injector , a
written
statement from the | 4 | | pupil's physician, physician assistant, or advanced | 5 | | practice registered
nurse containing
the following | 6 | | information:
| 7 | | (A) the name and purpose of the epinephrine | 8 | | injector 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 injector | 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 injector auto-injector to a student | 19 | | or any personnel authorized under a student's Individual Health | 20 | | Care Action Plan, Illinois Food Allergy Emergency Action Plan | 21 | | and Treatment Authorization Form, or plan pursuant to Section | 22 | | 504 of the federal Rehabilitation Act of 1973 to administer an | 23 | | epinephrine injector auto-injector to the student, that meets | 24 | | the 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 | | injector auto-injector to a student for self-administration | 3 | | only or any personnel authorized under a student's Individual | 4 | | Health Care Action Plan, Illinois Food Allergy Emergency Action | 5 | | Plan and Treatment Authorization Form, or plan pursuant to | 6 | | Section 504 of the federal Rehabilitation Act of 1973 to | 7 | | administer to the student, that meets the student's | 8 | | prescription on file; (ii) administer an undesignated | 9 | | epinephrine injector auto-injector that meets the prescription | 10 | | on file to any student who has an Individual Health Care Action | 11 | | Plan, Illinois Food Allergy Emergency Action Plan and Treatment | 12 | | Authorization Form, or plan pursuant to Section 504 of the | 13 | | federal Rehabilitation Act of 1973 that authorizes the use of | 14 | | an epinephrine injector auto-injector ; (iii) administer an | 15 | | undesignated epinephrine injector auto-injector to any person | 16 | | that the school nurse or trained personnel in good faith | 17 | | believes is having an anaphylactic reaction; and (iv) | 18 | | administer an opioid antagonist to any person that the school | 19 | | nurse or trained personnel in good faith believes is having an | 20 | | opioid overdose. | 21 | | (c) The school district, public school, or nonpublic school | 22 | | must inform the parents or
guardians of the
pupil, in writing, | 23 | | that the school district, public school, or nonpublic school | 24 | | and its
employees and
agents, including a physician, physician | 25 | | assistant, or advanced practice registered nurse providing | 26 | | standing protocol or prescription for school epinephrine |
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| 1 | | injectors auto-injectors ,
are to incur no liability or | 2 | | professional discipline, except for willful and wanton | 3 | | conduct, as a result
of any injury arising from the
| 4 | | administration of asthma medication, an epinephrine injector | 5 | | auto-injector , or an opioid antagonist regardless of whether | 6 | | authorization was given by the pupil's parents or guardians or | 7 | | by the pupil's physician, physician assistant, or advanced | 8 | | practice registered nurse. The parents or guardians
of the | 9 | | pupil must sign a statement acknowledging that the school | 10 | | district, public school,
or nonpublic school and its employees | 11 | | and agents are to incur no liability, except for willful and | 12 | | wanton
conduct, as a result of any injury arising
from the
| 13 | | administration of asthma medication, an epinephrine injector | 14 | | auto-injector , or an opioid antagonist regardless of whether | 15 | | authorization was given by the pupil's parents or guardians or | 16 | | by the pupil's physician, physician assistant, or advanced | 17 | | practice registered nurse and that the parents or
guardians | 18 | | must indemnify and hold harmless the school district, public | 19 | | school, or nonpublic
school and
its
employees and agents | 20 | | against any claims, except a claim based on willful and
wanton | 21 | | conduct, arising out of the
administration of asthma | 22 | | medication, an epinephrine injector auto-injector , or an | 23 | | opioid antagonist regardless of whether authorization was | 24 | | given by the pupil's parents or guardians or by the pupil's | 25 | | physician, physician assistant, or advanced practice | 26 | | registered nurse. |
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| 1 | | (c-5) When a school nurse or trained personnel administers | 2 | | an undesignated epinephrine injector auto-injector to a person | 3 | | whom the school nurse or trained personnel in good faith | 4 | | believes is having an anaphylactic reaction or administers an | 5 | | opioid antagonist to a person whom the school nurse or trained | 6 | | personnel in good faith believes is having an opioid overdose, | 7 | | notwithstanding the lack of notice to the parents or guardians | 8 | | of the pupil or the absence of the parents or guardians signed | 9 | | statement acknowledging no liability, except for willful and | 10 | | wanton conduct, the school district, public school, or | 11 | | nonpublic school and its employees and agents, and a physician, | 12 | | a physician assistant, or an advanced practice registered nurse | 13 | | providing standing protocol or prescription for undesignated | 14 | | epinephrine injectors auto-injectors , are to incur no | 15 | | liability or professional discipline, except for willful and | 16 | | wanton conduct, as a result of any injury arising from the use | 17 | | of an undesignated epinephrine injector auto-injector or the | 18 | | use of an opioid antagonist regardless of whether authorization | 19 | | was given by the pupil's parents or guardians or by the pupil's | 20 | | physician, physician assistant, or advanced practice | 21 | | registered nurse.
| 22 | | (d) The permission for self-administration and self-carry | 23 | | of asthma medication or the self-administration and self-carry | 24 | | of an epinephrine injector auto-injector is effective
for the | 25 | | school year for which it is granted and shall be renewed each
| 26 | | subsequent school year upon fulfillment of the requirements of |
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| 1 | | this
Section.
| 2 | | (e) Provided that the requirements of this Section are | 3 | | fulfilled, a
pupil with asthma may self-administer and | 4 | | self-carry his or her asthma medication or a pupil may | 5 | | self-administer and self-carry an epinephrine injector | 6 | | auto-injector (i) while in
school, (ii) while at a | 7 | | school-sponsored activity, (iii) while under the
supervision | 8 | | of
school personnel, or (iv) before or after normal school | 9 | | activities, such
as while in before-school or after-school care | 10 | | on school-operated
property or while being transported on a | 11 | | school bus.
| 12 | | (e-5) Provided that the requirements of this Section are | 13 | | fulfilled, a school nurse or trained personnel may administer | 14 | | an undesignated epinephrine injector auto-injector to any | 15 | | person whom the school nurse or trained personnel in good faith | 16 | | believes to be having an anaphylactic reaction (i) while in | 17 | | school, (ii) while at a school-sponsored activity, (iii) while | 18 | | under the supervision of school personnel, or (iv) before or | 19 | | after normal school activities, such
as while in before-school | 20 | | or after-school care on school-operated property or while being | 21 | | transported on a school bus. A school nurse or trained | 22 | | personnel may carry undesignated epinephrine injectors | 23 | | auto-injectors on his or her person while in school or at a | 24 | | school-sponsored activity. | 25 | | (e-10) Provided that the requirements of this Section are | 26 | | fulfilled, a school nurse or trained personnel may administer |
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| 1 | | an opioid antagonist to any person whom the school nurse or | 2 | | trained personnel in good faith believes to be having an opioid | 3 | | overdose (i) while in school, (ii) while at a school-sponsored | 4 | | activity, (iii) while under the supervision of school | 5 | | personnel, or (iv) before or after normal school activities, | 6 | | such as while in before-school or after-school care on | 7 | | school-operated property. A school nurse or trained personnel | 8 | | may carry an opioid antagonist on their person while in school | 9 | | or at a school-sponsored activity. | 10 | | (f) The school district, public school, or nonpublic school | 11 | | may maintain a supply of undesignated epinephrine injectors | 12 | | auto-injectors in any secure location that is accessible | 13 | | before, during, and after school where an allergic person is | 14 | | most at risk, including, but not limited to, classrooms and | 15 | | lunchrooms. A physician, a physician assistant who has been | 16 | | delegated prescriptive authority in accordance with Section | 17 | | 7.5 of the Physician Assistant Practice Act of 1987, or an | 18 | | advanced practice registered nurse who has been delegated | 19 | | prescriptive authority in accordance with Section 65-40 of the | 20 | | Nurse Practice Act may prescribe undesignated epinephrine | 21 | | injectors auto-injectors in the name of the school district, | 22 | | public school, or nonpublic school to be maintained for use | 23 | | when necessary. Any supply of epinephrine injectors | 24 | | auto-injectors shall be maintained in accordance with the | 25 | | manufacturer's instructions. | 26 | | The school district, public school, or nonpublic school may |
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| 1 | | maintain a supply of an opioid antagonist in any secure | 2 | | location where an individual may have an opioid overdose. A | 3 | | health care professional who has been delegated prescriptive | 4 | | authority for opioid antagonists in accordance with Section | 5 | | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | 6 | | may prescribe opioid antagonists in the name of the school | 7 | | district, public school, or nonpublic school, to be maintained | 8 | | for use when necessary. Any supply of opioid antagonists shall | 9 | | be maintained in accordance with the manufacturer's | 10 | | instructions. | 11 | | (f-3) Whichever entity initiates the process of obtaining | 12 | | undesignated epinephrine injectors auto-injectors and | 13 | | providing training to personnel for carrying and administering | 14 | | undesignated epinephrine injectors auto-injectors shall pay | 15 | | for the costs of the undesignated epinephrine injectors | 16 | | auto-injectors . | 17 | | (f-5) Upon any administration of an epinephrine injector | 18 | | auto-injector , a school district, public school, or nonpublic | 19 | | school must immediately activate the EMS system and notify the | 20 | | student's parent, guardian, or emergency contact, if known. | 21 | | Upon any administration of an opioid antagonist, a school | 22 | | district, public school, or nonpublic school must immediately | 23 | | activate the EMS system and notify the student's parent, | 24 | | guardian, or emergency contact, if known. | 25 | | (f-10) Within 24 hours of the administration of an | 26 | | undesignated epinephrine injector auto-injector , a school |
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| 1 | | district, public school, or nonpublic school must notify the | 2 | | physician, physician assistant, or advanced practice | 3 | | registered nurse who provided the standing protocol or | 4 | | prescription for the undesignated epinephrine injector | 5 | | auto-injector of its use. | 6 | | Within 24 hours after the administration of an opioid | 7 | | antagonist, a school district, public school, or nonpublic | 8 | | school must notify the health care professional who provided | 9 | | the prescription for the opioid antagonist of its use. | 10 | | (g) Prior to the administration of an undesignated | 11 | | epinephrine injector auto-injector , trained personnel must | 12 | | submit to their school's administration proof of completion of | 13 | | a training curriculum to recognize and respond to anaphylaxis | 14 | | that meets the requirements of subsection (h) of this Section. | 15 | | Training must be completed annually. The school district, | 16 | | public school, or nonpublic school must maintain records | 17 | | related to the training curriculum and trained personnel. | 18 | | Prior to the administration of an opioid antagonist, | 19 | | trained personnel must submit to their school's administration | 20 | | proof of completion of a training curriculum to recognize and | 21 | | respond to an opioid overdose, which curriculum must meet the | 22 | | requirements of subsection (h-5) of this Section. Training must | 23 | | be completed annually. Trained personnel must also submit to | 24 | | the school's administration proof of cardiopulmonary | 25 | | resuscitation and automated external defibrillator | 26 | | certification. The school district, public school, or |
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| 1 | | nonpublic school must maintain records relating to the training | 2 | | curriculum and the trained personnel. | 3 | | (h) A training curriculum to recognize and respond to | 4 | | anaphylaxis, including the administration of an undesignated | 5 | | epinephrine injector auto-injector , may be conducted online or | 6 | | in person. | 7 | | Training shall include, but is not limited to: | 8 | | (1) how to recognize signs and symptoms of an allergic | 9 | | reaction, including anaphylaxis; | 10 | | (2) how to administer an epinephrine injector | 11 | | auto-injector ; and | 12 | | (3) a test demonstrating competency of the knowledge | 13 | | required to recognize anaphylaxis and administer an | 14 | | epinephrine injector auto-injector . | 15 | | Training may also include, but is not limited to: | 16 | | (A) a review of high-risk areas within a school and its | 17 | | related facilities; | 18 | | (B) steps to take to prevent exposure to allergens; | 19 | | (C) emergency follow-up procedures; | 20 | | (D) how to respond to a student with a known allergy, | 21 | | as well as a student with a previously unknown allergy; and | 22 | | (E) other criteria as determined in rules adopted | 23 | | pursuant to this Section. | 24 | | In consultation with statewide professional organizations | 25 | | representing physicians licensed to practice medicine in all of | 26 | | its branches, registered nurses, and school nurses, the State |
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| 1 | | Board of Education shall make available resource materials | 2 | | consistent with criteria in this subsection (h) for educating | 3 | | trained personnel to recognize and respond to anaphylaxis. The | 4 | | State Board may take into consideration the curriculum on this | 5 | | subject developed by other states, as well as any other | 6 | | curricular materials suggested by medical experts and other | 7 | | groups that work on life-threatening allergy issues. The State | 8 | | Board is not required to create new resource materials. The | 9 | | State Board shall make these resource materials available on | 10 | | its Internet website. | 11 | | (h-5) A training curriculum to recognize and respond to an | 12 | | opioid overdose, including the administration of an opioid | 13 | | antagonist, may be conducted online or in person. The training | 14 | | must comply with any training requirements under Section 5-23 | 15 | | of the Alcoholism and Other Drug Abuse and Dependency Act and | 16 | | the corresponding rules. It must include, but is not limited | 17 | | to: | 18 | | (1) how to recognize symptoms of an opioid overdose; | 19 | | (2) information on drug overdose prevention and | 20 | | recognition; | 21 | | (3) how to perform rescue breathing and resuscitation; | 22 | | (4) how to respond to an emergency involving an opioid | 23 | | overdose; | 24 | | (5) opioid antagonist dosage and administration; | 25 | | (6) the importance of calling 911; | 26 | | (7) care for the overdose victim after administration |
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| 1 | | of the overdose antagonist; | 2 | | (8) a test demonstrating competency of the knowledge | 3 | | required to recognize an opioid overdose and administer a | 4 | | dose of an opioid antagonist; and | 5 | | (9) other criteria as determined in rules adopted | 6 | | pursuant to this Section. | 7 | | (i) Within 3 days after the administration of an | 8 | | undesignated epinephrine injector auto-injector by a school | 9 | | nurse, trained personnel, or a student at a school or | 10 | | school-sponsored activity, the school must report to the State | 11 | | Board of Education in a form and manner prescribed by the State | 12 | | Board the following information: | 13 | | (1) age and type of person receiving epinephrine | 14 | | (student, staff, visitor); | 15 | | (2) any previously known diagnosis of a severe allergy; | 16 | | (3) trigger that precipitated allergic episode; | 17 | | (4) location where symptoms developed; | 18 | | (5) number of doses administered; | 19 | | (6) type of person administering epinephrine (school | 20 | | nurse, trained personnel, student); and | 21 | | (7) any other information required by the State Board. | 22 | | If a school district, public school, or nonpublic school | 23 | | maintains or has an independent contractor providing | 24 | | transportation to students who maintains a supply of | 25 | | undesignated epinephrine injectors auto-injectors , then the | 26 | | school district, public school, or nonpublic school must report |
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| 1 | | that information to the State Board of Education upon adoption | 2 | | or change of the policy of the school district, public school, | 3 | | nonpublic school, or independent contractor, in a manner as | 4 | | prescribed by the State Board. The report must include the | 5 | | number of undesignated epinephrine injectors auto-injectors in | 6 | | supply. | 7 | | (i-5) Within 3 days after the administration of an opioid | 8 | | antagonist by a school nurse or trained personnel, the school | 9 | | must report to the State Board of Education, in a form and | 10 | | manner prescribed by the State Board, the following | 11 | | information: | 12 | | (1) the age and type of person receiving the opioid | 13 | | antagonist (student, staff, or visitor); | 14 | | (2) the location where symptoms developed; | 15 | | (3) the type of person administering the opioid | 16 | | antagonist (school nurse or trained personnel); and | 17 | | (4) any other information required by the State Board. | 18 | | (j) By October 1, 2015 and every year thereafter, the State | 19 | | Board of Education shall submit a report to the General | 20 | | Assembly identifying the frequency and circumstances of | 21 | | epinephrine administration during the preceding academic year. | 22 | | Beginning with the 2017 report, the report shall also contain | 23 | | information on which school districts, public schools, and | 24 | | nonpublic schools maintain or have independent contractors | 25 | | providing transportation to students who maintain a supply of | 26 | | undesignated epinephrine injectors auto-injectors . This report |
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| 1 | | shall be published on the State Board's Internet website on the | 2 | | date the report is delivered to the General Assembly. | 3 | | (j-5) Annually, each school district, public school, | 4 | | charter school, or nonpublic school shall request an asthma | 5 | | action plan from the parents or guardians of a pupil with | 6 | | asthma. If provided, the asthma action plan must be kept on | 7 | | file in the office of the school nurse or, in the absence of a | 8 | | school nurse, the school administrator. Copies of the asthma | 9 | | action plan may be distributed to appropriate school staff who | 10 | | interact with the pupil on a regular basis, and, if applicable, | 11 | | may be attached to the pupil's federal Section 504 plan or | 12 | | individualized education program plan. | 13 | | (j-10) To assist schools with emergency response | 14 | | procedures for asthma, the State Board of Education, in | 15 | | consultation with statewide professional organizations with | 16 | | expertise in asthma management and a statewide organization | 17 | | representing school administrators, shall develop a model | 18 | | asthma episode emergency response protocol before September 1, | 19 | | 2016. Each school district, charter school, and nonpublic | 20 | | school shall adopt an asthma episode emergency response | 21 | | protocol before January 1, 2017 that includes all of the | 22 | | components of the State Board's model protocol. | 23 | | (j-15) Every 2 years, school personnel who work with pupils | 24 | | shall complete an in-person or online training program on the | 25 | | management of asthma, the prevention of asthma symptoms, and | 26 | | emergency response in the school setting. In consultation with |
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| 1 | | statewide professional organizations with expertise in asthma | 2 | | management, the State Board of Education shall make available | 3 | | resource materials for educating school personnel about asthma | 4 | | and emergency response in the school setting. | 5 | | (j-20) On or before October 1, 2016 and every year | 6 | | thereafter, the State Board of Education shall submit a report | 7 | | to the General Assembly and the Department of Public Health | 8 | | identifying the frequency and circumstances of opioid | 9 | | antagonist administration during the preceding academic year. | 10 | | This report shall be published on the State Board's Internet | 11 | | website on the date the report is delivered to the General | 12 | | Assembly. | 13 | | (k) The State Board of Education may adopt rules necessary | 14 | | to implement this Section. | 15 | | (l) Nothing in this Section shall limit the amount of | 16 | | epinephrine injectors auto-injectors that any type of school or | 17 | | student may carry or maintain a supply of. | 18 | | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | 19 | | 99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff. | 20 | | 8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18 .)
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