Full Text of SB0094 103rd General Assembly
SB0094sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/15/2023
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| 1 | | AMENDMENT TO SENATE BILL 94
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 94 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 1, 5, and 10 as follows: | 6 | | (410 ILCS 607/1)
| 7 | | Sec. 1. Short title. This Act may be cited as the Emergency | 8 | | Asthma Inhalers and Allergy Treatment for Children at | 9 | | Recreational Camps Act.
| 10 | | (Source: P.A. 94-670, eff. 8-23-05.) | 11 | | (410 ILCS 607/5)
| 12 | | Sec. 5. Definitions. In this Act: | 13 | | "After-school care program" means an after-school care | 14 | | program operated by (i) any nonprofit entity on school | 15 | | district property or (ii) a park district. |
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| 1 | | "Recreational camp" means any place set apart for | 2 | | recreational purposes for boys and girls. "Recreational camp" | 3 | | shall not apply to private camps owned or leased for | 4 | | individual or family use, or to any camp operated for a period | 5 | | of less than 10 days in a year.
| 6 | | (Source: P.A. 94-670, eff. 8-23-05.) | 7 | | (410 ILCS 607/10)
| 8 | | Sec. 10. Possession, self-administration, and use of | 9 | | epinephrine auto-injectors or inhalers at recreation camps and | 10 | | after-school care programs . | 11 | | (a) A recreation camp or an after-school care program | 12 | | shall permit a child with severe, potentially life-threatening | 13 | | allergies to possess, self-administer, and use an epinephrine | 14 | | auto-injector or inhaler, if the following conditions are | 15 | | satisfied: | 16 | | (1) The child has the written approval of his or her | 17 | | parent or guardian. | 18 | | (2) The recreational camp or after-school care program | 19 | | administrator or, if a nurse is assigned to the camp or | 20 | | program , the nurse shall receive copies of the written | 21 | | approvals required under paragraph (1) of subsection (a) | 22 | | of this Section. | 23 | | (3) The child's parent or guardian shall submit | 24 | | written verification confirming that the child has the | 25 | | knowledge and skills to safely possess, self-administer, |
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| 1 | | and use an epinephrine auto-injector or inhaler in a camp | 2 | | or an after-school care program setting. | 3 | | (b) The child's parent or guardian shall provide the camp | 4 | | or program with the following information: | 5 | | (1) the child's name; | 6 | | (2) the name, route, and dosage of medication; | 7 | | (3) the frequency and time of medication | 8 | | administration or assistance; | 9 | | (4) the date of the order; | 10 | | (5) a diagnosis and any other medical conditions | 11 | | requiring medications, if not a violation of | 12 | | confidentiality or if not contrary to the request of the | 13 | | parent or guardian to keep confidential; | 14 | | (6) specific recommendations for administration; | 15 | | (7) any special side effects, contraindications, and | 16 | | adverse reactions to be observed; | 17 | | (8) the name of each required medication; and
| 18 | | (9) any severe adverse reactions that may occur to | 19 | | another child, for whom the epinephrine auto-injector or | 20 | | inhaler is not prescribed, should the other child receive | 21 | | a dose of the medication. | 22 | | (c) If the conditions of this Act are satisfied, the child | 23 | | may possess, self-administer, and use an epinephrine | 24 | | auto-injector or inhaler at the camp or after-school care | 25 | | program or at any camp-sponsored or program-sponsored | 26 | | activity, event, or program. |
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| 1 | | (d) The recreational camp or after-school care program | 2 | | must inform the parents or guardians of the child, in writing, | 3 | | that the recreational camp or after-school care program and | 4 | | its employees and agents are to incur no liability , as | 5 | | applicable , except for willful and wanton conduct, as a result | 6 | | of any injury arising from the self-administration of | 7 | | medication to the child. The parents or guardians of the child | 8 | | must sign a statement acknowledging that the recreational camp | 9 | | or after-school care program is to incur no liability, except | 10 | | for willful and wanton conduct, as a result of any injury | 11 | | arising from the self-administration of medication by the | 12 | | child and that the parents or guardians must indemnify and | 13 | | hold harmless the recreational camp or after-school care | 14 | | program and its employees and agents , as applicable, against | 15 | | any claims, except a claim based on willful and wanton | 16 | | conduct, arising out of the self-administration of medication | 17 | | by the child.
| 18 | | (e) After-school care program personnel may, in accordance | 19 | | with Section 10 of the Epinephrine Injector Act, administer an | 20 | | undesignated epinephrine injection to any child if the | 21 | | after-school care program personnel believe in good faith that | 22 | | the child is having an anaphylactic reaction while in the | 23 | | after-school care program. After-school care program personnel | 24 | | may carry undesignated epinephrine injectors on their person | 25 | | while in the after-school care program. | 26 | | (f) After-school care program personnel may administer |
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| 1 | | undesignated asthma medication to any child if the | 2 | | after-school care program personnel believe in good faith that | 3 | | the child is experiencing respiratory distress while in the | 4 | | after-school care program. After-school care program personnel | 5 | | may carry undesignated asthma medication on their person while | 6 | | in the after-school care program. | 7 | | (g) If after-school care program personnel are to | 8 | | administer an undesignated epinephrine injection or an | 9 | | undesignated asthma medication to a child, the after-school | 10 | | care program personnel must inform the parents or guardians of | 11 | | the child, in writing, that the after-school care program and | 12 | | its employees and agents, acting in accordance with standard | 13 | | protocols and the prescription for the injection or | 14 | | medication, shall incur no liability as a result of any injury | 15 | | arising from the administration of the injection or | 16 | | medication, except for willful and wanton conduct. A parent or | 17 | | guardian of the child must sign a statement acknowledging that | 18 | | the after-school care program and its employees and agents are | 19 | | to incur no liability, except for willful and wanton conduct, | 20 | | as a result of any injury arising from the administration of | 21 | | the medication or injection. | 22 | | (h) If after-school care program personnel administer an | 23 | | undesignated epinephrine injection to a person and the | 24 | | after-school care program personnel believe in good faith the | 25 | | person is having an anaphylactic reaction or administer | 26 | | undesignated asthma medication to a person and believe in good |
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| 1 | | faith the person is experiencing respiratory distress, then | 2 | | the after-school care program and its employees and agents, | 3 | | acting in accordance with standard protocols and the | 4 | | prescription for the injection or medication, shall not incur | 5 | | any liability or be subject to professional discipline as a | 6 | | result of any injury arising from the use of the injection or | 7 | | medication, except for willful and wanton conduct. | 8 | | (Source: P.A. 94-670, eff. 8-23-05.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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