Full Text of SB1778 102nd General Assembly
SB1778sam001 102ND GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 1/18/2022
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| 1 | | AMENDMENT TO SENATE BILL 1778
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1778 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Asthma Inhalers at Recreational Camps Act | 5 | | is amended by changing Sections 5 and 10 as follows: | 6 | | (410 ILCS 607/5)
| 7 | | Sec. 5. Definitions. In this Act: | 8 | | "After-school care program" means an after-school care | 9 | | program operated by a park district or any nonprofit or | 10 | | for-profit entity on school district property. | 11 | | "Recreational camp" means any place set apart for | 12 | | recreational purposes for boys and girls. "Recreational camp" | 13 | | shall not apply to private camps owned or leased for | 14 | | individual or family use, or to any camp operated for a period | 15 | | of less than 10 days in a year.
| 16 | | (Source: P.A. 94-670, eff. 8-23-05.) |
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| 1 | | (410 ILCS 607/10)
| 2 | | Sec. 10. Possession, self-administration, and use of | 3 | | epinephrine auto-injectors or inhalers at recreation camps and | 4 | | after-school care programs . | 5 | | (a) A recreation camp or an after-school care program | 6 | | shall permit a child with severe, potentially life-threatening | 7 | | allergies to possess, self-administer, and use an epinephrine | 8 | | auto-injector or inhaler, if the following conditions are | 9 | | satisfied: | 10 | | (1) The child has the written approval of his or her | 11 | | parent or guardian. | 12 | | (2) The recreational camp or after-school care program | 13 | | administrator or, if a nurse is assigned to the camp or | 14 | | program , the nurse shall receive copies of the written | 15 | | approvals required under paragraph (1) of subsection (a) | 16 | | of this Section. | 17 | | (3) The child's parent or guardian shall submit | 18 | | written verification confirming that the child has the | 19 | | knowledge and skills to safely possess, self-administer, | 20 | | and use an epinephrine auto-injector or inhaler in a camp | 21 | | or an after-school care program setting. | 22 | | (b) The child's parent or guardian shall provide the camp | 23 | | or program with the following information: | 24 | | (1) the child's name; | 25 | | (2) the name, route, and dosage of medication; |
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| 1 | | (3) the frequency and time of medication | 2 | | administration or assistance; | 3 | | (4) the date of the order; | 4 | | (5) a diagnosis and any other medical conditions | 5 | | requiring medications, if not a violation of | 6 | | confidentiality or if not contrary to the request of the | 7 | | parent or guardian to keep confidential; | 8 | | (6) specific recommendations for administration; | 9 | | (7) any special side effects, contraindications, and | 10 | | adverse reactions to be observed; | 11 | | (8) the name of each required medication; and
| 12 | | (9) any severe adverse reactions that may occur to | 13 | | another child, for whom the epinephrine auto-injector or | 14 | | inhaler is not prescribed, should the other child receive | 15 | | a dose of the medication. | 16 | | (c) If the conditions of this Act are satisfied, the child | 17 | | may possess, self-administer, and use an epinephrine | 18 | | auto-injector or inhaler at the camp or after-school care | 19 | | program or at any camp-sponsored or program-sponsored | 20 | | activity, event, or program. | 21 | | (d) The recreational camp or after-school care program | 22 | | must inform the parents or guardians of the child, in writing, | 23 | | that the recreational camp or after-school care program and | 24 | | its employees and agents are to incur no liability , as | 25 | | applicable , except for willful and wanton conduct, as a result | 26 | | of any injury arising from the self-administration of |
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| 1 | | medication to the child. The parents or guardians of the child | 2 | | must sign a statement acknowledging that the recreational camp | 3 | | or after-school care program is to incur no liability, except | 4 | | for willful and wanton conduct, as a result of any injury | 5 | | arising from the self-administration of medication by the | 6 | | child and that the parents or guardians must indemnify and | 7 | | hold harmless the recreational camp or after-school care | 8 | | program and its employees and agents , as applicable, against | 9 | | any claims, except a claim based on willful and wanton | 10 | | conduct, arising out of the self-administration of medication | 11 | | by the child.
| 12 | | (e) After-school care program personnel may administer an | 13 | | undesignated epinephrine injector to any child whom the | 14 | | after-school care program personnel in good faith believes to | 15 | | be having an anaphylactic reaction while in the after-school | 16 | | care program and may carry undesignated epinephrine injectors | 17 | | on his or her person while in the after-school care program. | 18 | | (f) After-school care program personnel may administer | 19 | | undesignated asthma medication to any child whom the | 20 | | after-school care program personnel in good faith believes to | 21 | | be experiencing respiratory distress while in the after-school | 22 | | care program. After-school care program personnel may carry | 23 | | undesignated asthma medication on his or her person while in | 24 | | the after-school care program. | 25 | | (g) When after-school care program personnel administer an | 26 | | undesignated epinephrine injector or an undesignated asthma |
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| 1 | | medication to a child, the after-school care program personnel | 2 | | must inform the parents or guardians of the child, in writing, | 3 | | that the after-school care program and its employees and | 4 | | agents, including a physician, physician assistant, or | 5 | | advanced practice registered nurse providing standing protocol | 6 | | and a prescription for after-school care program epinephrine | 7 | | injectors or undesignated asthma medication, are to incur no | 8 | | liability or professional discipline, except for willful and | 9 | | wanton conduct, as a result of any injury arising from the | 10 | | administration of asthma medication or an epinephrine injector | 11 | | regardless of whether authorization was given by the child's | 12 | | parents or guardians or by the child's physician, physician | 13 | | assistant, or advanced practice registered nurse. A parent or | 14 | | guardian of the child must sign a statement acknowledging that | 15 | | the after-school care program and its employees and agents are | 16 | | to incur no liability, except for willful and wanton conduct, | 17 | | as a result of any injury arising from the administration of | 18 | | asthma medication or an epinephrine injector regardless of | 19 | | whether authorization was given by the child's parent or | 20 | | guardian or by the child's physician, physician assistant, or | 21 | | advanced practice registered nurse and that the parent or | 22 | | guardian must indemnify and hold harmless the after-school | 23 | | care program and its employees and agents against any claims, | 24 | | except a claim based on willful and wanton conduct, arising | 25 | | out of the administration of asthma medication or an | 26 | | epinephrine injector regardless of whether authorization was |
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| 1 | | given by the child's parent or guardian or by the child's | 2 | | physician, physician assistant, or advanced practice | 3 | | registered nurse. | 4 | | (h) When after-school care program personnel administer an | 5 | | undesignated epinephrine injector to a person whom the | 6 | | after-school care program personnel in good faith believes is | 7 | | having an anaphylactic reaction or administers undesignated | 8 | | asthma medication to a person whom the after-school care | 9 | | program personnel in good faith believes is having respiratory | 10 | | distress, notwithstanding the lack of notice to the parent or | 11 | | guardian of the child or the absence of the parent's or | 12 | | guardian's signed statement acknowledging no liability, except | 13 | | for willful and wanton conduct, the after-school care program | 14 | | and its employees and agents, and a physician, a physician | 15 | | assistant, or an advanced practice registered nurse providing | 16 | | standing protocol and a prescription for undesignated | 17 | | epinephrine injectors or undesignated asthma medication, are | 18 | | to incur no liability or professional discipline, except for | 19 | | willful and wanton conduct, as a result of any injury arising | 20 | | from the use of an undesignated epinephrine injector or the | 21 | | use of undesignated asthma medication, regardless of whether | 22 | | authorization was given by the child's parent or guardian or | 23 | | by the child's physician, physician assistant, or advanced | 24 | | practice registered nurse. | 25 | | (Source: P.A. 94-670, eff. 8-23-05.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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