Full Text of HB0102 102nd General Assembly
HB0102enr 102ND GENERAL ASSEMBLY |
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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 5. The School Code is amended by adding Section | 5 | | 2-3.182 and by changing Section 22-30 as follows: | 6 | | (105 ILCS 5/2-3.182 new) | 7 | | Sec. 2-3.182. Anaphylactic policy for school districts. | 8 | | (a) The State Board of Education, in consultation with the | 9 | | Department of Public Health, shall establish an anaphylactic | 10 | | policy for school districts setting forth guidelines and | 11 | | procedures to be followed both for the prevention of | 12 | | anaphylaxis and during a medical emergency resulting from | 13 | | anaphylaxis. The policy shall be developed after consultation | 14 | | with the advisory committee established pursuant to Section 5 | 15 | | of the Critical Health Problems and Comprehensive Health | 16 | | Education Act. In establishing the policy required under this | 17 | | Section, the State Board shall consider existing requirements | 18 | | and current and best practices for schools regarding allergies | 19 | | and anaphylaxis. The State Board must also consider the | 20 | | voluntary guidelines for managing food allergies in schools | 21 | | issued by the United States Department of Health and Human | 22 | | Services. | 23 | | (b) The anaphylactic policy established under subsection |
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| 1 | | (a) shall include the following: | 2 | | (1) A procedure and treatment plan, including | 3 | | emergency protocols and responsibilities for school nurses | 4 | | and other appropriate school personnel, for responding to | 5 | | anaphylaxis. | 6 | | (2) Requirements for a training course for appropriate | 7 | | school personnel on preventing and responding to | 8 | | anaphylaxis. | 9 | | (3) A procedure and appropriate guidelines for the | 10 | | development of an individualized emergency health care | 11 | | plan for children with a food or other allergy that could | 12 | | result in anaphylaxis. | 13 | | (4) A communication plan for intake and dissemination | 14 | | of information provided by this State regarding children | 15 | | with a food or other allergy that could result in | 16 | | anaphylaxis, including a discussion of methods, | 17 | | treatments, and therapies to reduce the risk of allergic | 18 | | reactions, including anaphylaxis. | 19 | | (5) Strategies for reducing the risk of exposure to | 20 | | anaphylactic causative agents, including food and other | 21 | | allergens. | 22 | | (6) A communication plan for discussion with children | 23 | | who have developed adequate verbal communication and | 24 | | comprehension skills and with the parents or guardians of | 25 | | all children about foods that are safe and unsafe and | 26 | | about strategies to avoid exposure to unsafe food. |
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| 1 | | (c) At least once each calendar year, each school district | 2 | | shall send a notification to the parents or guardians of all | 3 | | children under the care of a school to make them aware of the | 4 | | anaphylactic policy. The notification shall include contact | 5 | | information for parents and guardians to engage further with | 6 | | the school to learn more about individualized aspects of the | 7 | | policy. | 8 | | (d) At least 6 months after the effective date of this | 9 | | amendatory Act of the 102nd General Assembly, the anaphylactic | 10 | | policy established under subsection (a) shall be forwarded by | 11 | | the State Board to the school board of each school district in | 12 | | this State. Each school district shall implement or update, as | 13 | | appropriate, its anaphylactic policy in accordance with those | 14 | | developed by the State Board within 6 months after receiving | 15 | | the anaphylactic policy from the State Board. | 16 | | (e) The anaphylactic policy established under subsection | 17 | | (a) shall be reviewed and updated, if necessary, at least once | 18 | | every 3 years. | 19 | | (f) The State Board shall post the anaphylactic policy | 20 | | established under subsection (a) and resources regarding | 21 | | allergies and anaphylaxis on its website. | 22 | | (g) The State Board may adopt any rules necessary to | 23 | | implement this Section.
| 24 | | (105 ILCS 5/22-30)
| 25 | | Sec. 22-30. Self-administration and self-carry of asthma |
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| 1 | | medication and epinephrine injectors; administration of | 2 | | undesignated epinephrine injectors; administration of an | 3 | | opioid antagonist; administration of undesignated asthma | 4 | | medication; asthma episode emergency response protocol.
| 5 | | (a) For the purpose of this Section only, the following | 6 | | terms shall have the meanings set forth below:
| 7 | | "Asthma action plan" means a written plan developed with a | 8 | | pupil's medical provider to help control the pupil's asthma. | 9 | | The goal of an asthma action plan is to reduce or prevent | 10 | | flare-ups and emergency department visits through day-to-day | 11 | | management and to serve as a student-specific document to be | 12 | | referenced in the event of an asthma episode. | 13 | | "Asthma episode emergency response protocol" means a | 14 | | procedure to provide assistance to a pupil experiencing | 15 | | symptoms of wheezing, coughing, shortness of breath, chest | 16 | | tightness, or breathing difficulty. | 17 | | "Epinephrine injector" includes an auto-injector approved | 18 | | by the United States Food and Drug Administration for the | 19 | | administration of epinephrine and a pre-filled syringe | 20 | | approved by the United States Food and Drug Administration and | 21 | | used for the administration of epinephrine that contains a | 22 | | pre-measured dose of epinephrine that is equivalent to the | 23 | | dosages used in an auto-injector. | 24 | | "Asthma medication" means quick-relief asthma medication, | 25 | | including albuterol or other short-acting bronchodilators, | 26 | | that is approved by the United States Food and Drug |
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| 1 | | Administration for the treatment of respiratory distress. | 2 | | "Asthma medication" includes medication delivered through a | 3 | | device, including a metered dose inhaler with a reusable or | 4 | | disposable spacer or a nebulizer with a mouthpiece or mask.
| 5 | | "Opioid antagonist" means a drug that binds to opioid | 6 | | receptors and blocks or inhibits the effect of opioids acting | 7 | | on those receptors, including, but not limited to, naloxone | 8 | | hydrochloride or any other similarly acting drug approved by | 9 | | the U.S. Food and Drug Administration. | 10 | | "Respiratory distress" means the perceived or actual | 11 | | presence of wheezing, coughing, shortness of breath, chest | 12 | | tightness, breathing difficulty, or any other symptoms | 13 | | consistent with asthma. Respiratory distress may be | 14 | | categorized as "mild-to-moderate" or "severe". | 15 | | "School nurse" means a registered nurse working in a | 16 | | school with or without licensure endorsed in school nursing. | 17 | | "Self-administration" means a pupil's discretionary use of | 18 | | his or
her prescribed asthma medication or epinephrine | 19 | | injector.
| 20 | | "Self-carry" means a pupil's ability to carry his or her | 21 | | prescribed asthma medication or epinephrine injector. | 22 | | "Standing protocol" may be issued by (i) a physician | 23 | | licensed to practice medicine in all its branches, (ii) a | 24 | | licensed physician assistant with prescriptive authority, or | 25 | | (iii) a licensed advanced practice registered nurse with | 26 | | prescriptive authority. |
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| 1 | | "Trained personnel" means any school employee or volunteer | 2 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 3 | | 10-22.34b of this Code who has completed training under | 4 | | subsection (g) of this Section to recognize and respond to | 5 | | anaphylaxis, an opioid overdose, or respiratory distress. | 6 | | "Undesignated asthma medication" means asthma medication | 7 | | prescribed in the name of a school district, public school, | 8 | | charter school, or nonpublic school. | 9 | | "Undesignated epinephrine injector" means an epinephrine | 10 | | injector prescribed in the name of a school district, public | 11 | | school, charter school, or nonpublic school. | 12 | | (b) A school, whether public, charter, or nonpublic, must | 13 | | permit the
self-administration and self-carry of asthma
| 14 | | medication by a pupil with asthma or the self-administration | 15 | | and self-carry of an epinephrine injector by a pupil, provided | 16 | | that:
| 17 | | (1) the parents or
guardians of the pupil provide to | 18 | | the school (i) written
authorization from the parents or | 19 | | guardians for (A) the self-administration and self-carry | 20 | | of asthma medication or (B) the self-carry of asthma | 21 | | medication or (ii) for (A) the self-administration and | 22 | | self-carry of an epinephrine injector or (B) the | 23 | | self-carry of an epinephrine injector, written | 24 | | authorization from the pupil's physician, physician | 25 | | assistant, or advanced practice registered nurse; and
| 26 | | (2) the
parents or guardians of the pupil provide to |
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| 1 | | the school (i) the prescription label, which must contain | 2 | | the name of the asthma medication, the prescribed dosage, | 3 | | and the time at which or circumstances under which the | 4 | | asthma medication is to be administered, or (ii) for the | 5 | | self-administration or self-carry of an epinephrine | 6 | | injector, a
written
statement from the pupil's physician, | 7 | | physician assistant, or advanced practice registered
nurse | 8 | | containing
the following information:
| 9 | | (A) the name and purpose of the epinephrine | 10 | | injector;
| 11 | | (B) the prescribed dosage; and
| 12 | | (C) the time or times at which or the special | 13 | | circumstances
under which the epinephrine injector is | 14 | | to be administered.
| 15 | | The information provided shall be kept on file in the office of | 16 | | the school
nurse or,
in the absence of a school nurse, the | 17 | | school's administrator.
| 18 | | (b-5) A school district, public school, charter school, or | 19 | | nonpublic school may authorize the provision of a | 20 | | student-specific or undesignated epinephrine injector to a | 21 | | student or any personnel authorized under a student's | 22 | | Individual Health Care Action Plan, Illinois Food Allergy | 23 | | Emergency Action Plan and Treatment Authorization Form, or | 24 | | plan pursuant to Section 504 of the federal Rehabilitation Act | 25 | | of 1973 to administer an epinephrine injector to the student, | 26 | | that meets the student's prescription on file. |
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| 1 | | (b-10) The school district, public school, charter school, | 2 | | or nonpublic school may authorize a school nurse or trained | 3 | | personnel to do the following: (i) provide an undesignated | 4 | | epinephrine injector to a student for self-administration only | 5 | | or any personnel authorized under a student's Individual | 6 | | Health Care Action Plan, Illinois Food Allergy Emergency | 7 | | Action Plan and Treatment Authorization Form, plan pursuant to | 8 | | Section 504 of the federal Rehabilitation Act of 1973, or | 9 | | individualized education program plan to administer to the | 10 | | student that meets the student's prescription on file; (ii) | 11 | | administer an undesignated epinephrine injector that meets the | 12 | | prescription on file to any student who has an Individual | 13 | | Health Care Action Plan, Illinois Food Allergy Emergency | 14 | | Action Plan and Treatment Authorization Form, plan pursuant to | 15 | | Section 504 of the federal Rehabilitation Act of 1973, or | 16 | | individualized education program plan that authorizes the use | 17 | | of an epinephrine injector; (iii) administer an undesignated | 18 | | epinephrine injector to any person that the school nurse or | 19 | | trained personnel in good faith believes is having an | 20 | | anaphylactic reaction; (iv) administer an opioid antagonist to | 21 | | any person that the school nurse or trained personnel in good | 22 | | faith believes is having an opioid overdose; (v) provide | 23 | | undesignated asthma medication to a student for | 24 | | self-administration only or to any personnel authorized under | 25 | | a student's Individual Health Care Action Plan or asthma | 26 | | action plan, plan pursuant to Section 504 of the federal |
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| 1 | | Rehabilitation Act of 1973, or individualized education | 2 | | program plan to administer to the student that meets the | 3 | | student's prescription on file; (vi) administer undesignated | 4 | | asthma medication that meets the prescription on file to any | 5 | | student who has an Individual Health Care Action Plan or | 6 | | asthma action plan, plan pursuant to Section 504 of the | 7 | | federal Rehabilitation Act of 1973, or individualized | 8 | | education program plan that authorizes the use of asthma | 9 | | medication; and (vii) administer undesignated asthma | 10 | | medication to any person that the school nurse or trained | 11 | | personnel believes in good faith is having respiratory | 12 | | distress. | 13 | | (c) The school district, public school, charter school, or | 14 | | nonpublic school must inform the parents or
guardians of the
| 15 | | pupil, in writing, that the school district, public school, | 16 | | charter school, or nonpublic school and its
employees and
| 17 | | agents, including a physician, physician assistant, or | 18 | | advanced practice registered nurse providing standing protocol | 19 | | and a prescription for school epinephrine injectors, an opioid | 20 | | antagonist, or undesignated asthma medication,
are to incur no | 21 | | liability or professional discipline, except for willful and | 22 | | wanton conduct, as a result
of any injury arising from the
| 23 | | administration of asthma medication, an epinephrine injector, | 24 | | or an opioid antagonist regardless of whether authorization | 25 | | was given by the pupil's parents or guardians or by the pupil's | 26 | | physician, physician assistant, or advanced practice |
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| 1 | | registered nurse. The parents or guardians
of the pupil must | 2 | | sign a statement acknowledging that the school district, | 3 | | public school, charter school,
or nonpublic school and its | 4 | | employees and agents are to incur no liability, except for | 5 | | willful and wanton
conduct, as a result of any injury arising
| 6 | | from the
administration of asthma medication, an epinephrine | 7 | | injector, or an opioid antagonist regardless of whether | 8 | | authorization was given by the pupil's parents or guardians or | 9 | | by the pupil's physician, physician assistant, or advanced | 10 | | practice registered nurse and that the parents or
guardians | 11 | | must indemnify and hold harmless the school district, public | 12 | | school, charter school, or nonpublic
school and
its
employees | 13 | | and agents against any claims, except a claim based on willful | 14 | | and
wanton conduct, arising out of the
administration of | 15 | | asthma medication, an epinephrine injector, or an opioid | 16 | | antagonist regardless of whether authorization was given by | 17 | | the pupil's parents or guardians or by the pupil's physician, | 18 | | physician assistant, or advanced practice registered nurse. | 19 | | (c-5) When a school nurse or trained personnel administers | 20 | | an undesignated epinephrine injector to a person whom the | 21 | | school nurse or trained personnel in good faith believes is | 22 | | having an anaphylactic reaction, administers an opioid | 23 | | antagonist to a person whom the school nurse or trained | 24 | | personnel in good faith believes is having an opioid overdose, | 25 | | or administers undesignated asthma medication to a person whom | 26 | | the school nurse or trained personnel in good faith believes |
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| 1 | | is having respiratory distress, notwithstanding the lack of | 2 | | notice to the parents or guardians of the pupil or the absence | 3 | | of the parents or guardians signed statement acknowledging no | 4 | | liability, except for willful and wanton conduct, the school | 5 | | district, public school, charter school, or nonpublic school | 6 | | and its employees and agents, and a physician, a physician | 7 | | assistant, or an advanced practice registered nurse providing | 8 | | standing protocol and a prescription for undesignated | 9 | | epinephrine injectors, an opioid antagonist, or undesignated | 10 | | asthma medication, are to incur no liability or professional | 11 | | discipline, except for willful and wanton conduct, as a result | 12 | | of any injury arising from the use of an undesignated | 13 | | epinephrine injector, the use of an opioid antagonist, or the | 14 | | use of undesignated asthma medication, 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.
| 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 injector is effective
for the school year | 21 | | for which it is granted and shall be renewed each
subsequent | 22 | | school year upon fulfillment of the requirements of this
| 23 | | 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 injector (i) | 2 | | 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 injector to any person whom the | 10 | | school nurse or trained personnel in good faith believes to be | 11 | | 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 | 14 | | normal 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 injectors on his | 18 | | 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 | 24 | | opioid overdose (i) while in school, (ii) while at a | 25 | | school-sponsored activity, (iii) while under the supervision | 26 | | of school personnel, or (iv) before or after normal school |
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| 1 | | activities, such as while in before-school or after-school | 2 | | care on school-operated property. A school nurse or trained | 3 | | personnel may carry an opioid antagonist on his or her person | 4 | | while in school or at a school-sponsored activity. | 5 | | (e-15) If the requirements of this Section are met, a | 6 | | school nurse or trained personnel may administer undesignated | 7 | | asthma medication to any person whom the school nurse or | 8 | | trained personnel in good faith believes to be experiencing | 9 | | respiratory distress (i) while in school, (ii) while at a | 10 | | school-sponsored activity, (iii) while under the supervision | 11 | | of school personnel, or (iv) before or after normal school | 12 | | activities, including before-school or after-school care on | 13 | | school-operated property. A school nurse or trained personnel | 14 | | may carry undesignated asthma medication on his or her person | 15 | | while in school or at a school-sponsored activity. | 16 | | (f) The school district, public school, charter school, or | 17 | | nonpublic school may maintain a supply of undesignated | 18 | | epinephrine injectors in any secure location that is | 19 | | accessible before, during, and after school where an allergic | 20 | | person is most at risk, including, but not limited to, | 21 | | classrooms and lunchrooms. A physician, a physician assistant | 22 | | who has prescriptive authority in accordance with Section 7.5 | 23 | | of the Physician Assistant Practice Act of 1987, or an | 24 | | advanced practice registered nurse who has prescriptive | 25 | | authority in accordance with Section 65-40 of the Nurse | 26 | | Practice Act may prescribe undesignated epinephrine injectors |
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| 1 | | in the name of the school district, public school, charter | 2 | | school, or nonpublic school to be maintained for use when | 3 | | necessary. Any supply of epinephrine injectors shall be | 4 | | maintained in accordance with the manufacturer's instructions. | 5 | | The school district, public school, charter school, or | 6 | | nonpublic school may maintain a supply of an opioid antagonist | 7 | | in any secure location where an individual may have an opioid | 8 | | overdose. A health care professional who has been delegated | 9 | | prescriptive authority for opioid antagonists in accordance | 10 | | with Section 5-23 of the Substance Use Disorder Act may | 11 | | prescribe opioid antagonists in the name of the school | 12 | | district, public school, charter school, or nonpublic school, | 13 | | to be maintained for use when necessary. Any supply of opioid | 14 | | antagonists shall be maintained in accordance with the | 15 | | manufacturer's instructions. | 16 | | The school district, public school, charter school, or | 17 | | nonpublic school may maintain a supply of asthma medication in | 18 | | any secure location that is accessible before, during, or | 19 | | after school where a person is most at risk, including, but not | 20 | | limited to, a classroom or the nurse's office. A physician, a | 21 | | physician assistant who has prescriptive authority under | 22 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 23 | | or an advanced practice registered nurse who has prescriptive | 24 | | authority under Section 65-40 of the Nurse Practice Act may | 25 | | prescribe undesignated asthma medication in the name of the | 26 | | school district, public school, charter school, or nonpublic |
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| 1 | | school to be maintained for use when necessary. Any supply of | 2 | | undesignated asthma medication must be maintained in | 3 | | accordance with the manufacturer's instructions. | 4 | | (f-3) Whichever entity initiates the process of obtaining | 5 | | undesignated epinephrine injectors and providing training to | 6 | | personnel for carrying and administering undesignated | 7 | | epinephrine injectors shall pay for the costs of the | 8 | | undesignated epinephrine injectors. | 9 | | (f-5) Upon any administration of an epinephrine injector, | 10 | | a school district, public school, charter school, or nonpublic | 11 | | school must immediately activate the EMS system and notify the | 12 | | student's parent, guardian, or emergency contact, if known. | 13 | | Upon any administration of an opioid antagonist, a school | 14 | | district, public school, charter school, or nonpublic school | 15 | | must immediately activate the EMS system and notify the | 16 | | student's parent, guardian, or emergency contact, if known. | 17 | | (f-10) Within 24 hours of the administration of an | 18 | | undesignated epinephrine injector, a school district, public | 19 | | school, charter school, or nonpublic school must notify the | 20 | | physician, physician assistant, or advanced practice | 21 | | registered nurse who provided the standing protocol and a | 22 | | prescription for the undesignated epinephrine injector of its | 23 | | use. | 24 | | Within 24 hours after the administration of an opioid | 25 | | antagonist, a school district, public school, charter school, | 26 | | or nonpublic school must notify the health care professional |
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| 1 | | who provided the prescription for the opioid antagonist of its | 2 | | use. | 3 | | Within 24 hours after the administration of undesignated | 4 | | asthma medication, a school district, public school, charter | 5 | | school, or nonpublic school must notify the student's parent | 6 | | or guardian or emergency contact, if known, and the physician, | 7 | | physician assistant, or advanced practice registered nurse who | 8 | | provided the standing protocol and a prescription for the | 9 | | undesignated asthma medication of its use. The district or | 10 | | school must follow up with the school nurse, if available, and | 11 | | may, with the consent of the child's parent or guardian, | 12 | | notify the child's health care provider of record, as | 13 | | determined under this Section, of its use. | 14 | | (g) Prior to the administration of an undesignated | 15 | | epinephrine injector, trained personnel must submit to the | 16 | | school's administration proof of completion of a training | 17 | | curriculum to recognize and respond to anaphylaxis that meets | 18 | | the requirements of subsection (h) of this Section. Training | 19 | | must be completed annually. The school district, public | 20 | | school, charter school, or nonpublic school must maintain | 21 | | records related to the training curriculum and trained | 22 | | personnel. | 23 | | Prior to the administration of an opioid antagonist, | 24 | | trained personnel must submit to the school's administration | 25 | | proof of completion of a training curriculum to recognize and | 26 | | respond to an opioid overdose, which curriculum must meet the |
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| 1 | | requirements of subsection (h-5) of this Section. Training | 2 | | must be completed annually. Trained personnel must also submit | 3 | | to the school's administration proof of cardiopulmonary | 4 | | resuscitation and automated external defibrillator | 5 | | certification. The school district, public school, charter | 6 | | school, or nonpublic school must maintain records relating to | 7 | | the training curriculum and the trained personnel. | 8 | | Prior to the administration of undesignated asthma | 9 | | medication, trained personnel must submit to the school's | 10 | | administration proof of completion of a training curriculum to | 11 | | recognize and respond to respiratory distress, which must meet | 12 | | the requirements of subsection (h-10) of this Section. | 13 | | Training must be completed annually, and the school district, | 14 | | public school, charter school, or nonpublic school must | 15 | | maintain records relating to the training curriculum and the | 16 | | trained personnel. | 17 | | (h) A training curriculum to recognize and respond to | 18 | | anaphylaxis, including the administration of an undesignated | 19 | | epinephrine injector, may be conducted online or in person. | 20 | | Training shall include, but is not limited to: | 21 | | (1) how to recognize signs and symptoms of an allergic | 22 | | reaction, including anaphylaxis; | 23 | | (2) how to administer an epinephrine injector; and | 24 | | (3) a test demonstrating competency of the knowledge | 25 | | required to recognize anaphylaxis and administer an | 26 | | epinephrine injector. |
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| 1 | | Training may also include, but is not limited to: | 2 | | (A) a review of high-risk areas within a school and | 3 | | its related facilities; | 4 | | (B) steps to take to prevent exposure to allergens; | 5 | | (C) emergency follow-up procedures, including the | 6 | | importance of calling 9-1-1 or, if 9-1-1 is not available, | 7 | | other local emergency medical services; | 8 | | (D) how to respond to a student with a known allergy, | 9 | | as well as a student with a previously unknown allergy; | 10 | | and | 11 | | (E) other criteria as determined in rules adopted | 12 | | pursuant to this Section ; and . | 13 | | (F) any policy developed by the State Board of | 14 | | Education under Section 2-3.182. | 15 | | In consultation with statewide professional organizations | 16 | | representing physicians licensed to practice medicine in all | 17 | | of its branches, registered nurses, and school nurses, the | 18 | | State Board of Education shall make available resource | 19 | | materials consistent with criteria in this subsection (h) for | 20 | | educating trained personnel to recognize and respond to | 21 | | anaphylaxis. The State Board may take into consideration the | 22 | | curriculum on this subject developed by other states, as well | 23 | | as any other curricular materials suggested by medical experts | 24 | | and other groups that work on life-threatening allergy issues. | 25 | | The State Board is not required to create new resource | 26 | | materials. The State Board shall make these resource materials |
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| 1 | | available on its Internet website. | 2 | | (h-5) A training curriculum to recognize and respond to an | 3 | | opioid overdose, including the administration of an opioid | 4 | | antagonist, may be conducted online or in person. The training | 5 | | must comply with any training requirements under Section 5-23 | 6 | | of the Substance Use Disorder Act and the corresponding rules. | 7 | | It must include, but is not limited to: | 8 | | (1) how to recognize symptoms of an opioid overdose; | 9 | | (2) information on drug overdose prevention and | 10 | | recognition; | 11 | | (3) how to perform rescue breathing and resuscitation; | 12 | | (4) how to respond to an emergency involving an opioid | 13 | | overdose; | 14 | | (5) opioid antagonist dosage and administration; | 15 | | (6) the importance of calling 9-1-1 or, if 9-1-1 is | 16 | | not available, other local emergency medical services; | 17 | | (7) care for the overdose victim after administration | 18 | | of the overdose antagonist; | 19 | | (8) a test demonstrating competency of the knowledge | 20 | | required to recognize an opioid overdose and administer a | 21 | | dose of an opioid antagonist; and | 22 | | (9) other criteria as determined in rules adopted | 23 | | pursuant to this Section. | 24 | | (h-10) A training curriculum to recognize and respond to | 25 | | respiratory distress, including the administration of | 26 | | undesignated asthma medication, may be conducted online or in |
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| 1 | | person. The training must include, but is not limited to: | 2 | | (1) how to recognize symptoms of respiratory distress | 3 | | and how to distinguish respiratory distress from | 4 | | anaphylaxis; | 5 | | (2) how to respond to an emergency involving | 6 | | respiratory distress; | 7 | | (3) asthma medication dosage and administration; | 8 | | (4) the importance of calling 9-1-1 or, if 9-1-1 is | 9 | | not available, other local emergency medical services; | 10 | | (5) a test demonstrating competency of the knowledge | 11 | | required to recognize respiratory distress and administer | 12 | | asthma medication; and | 13 | | (6) other criteria as determined in rules adopted | 14 | | under this Section. | 15 | | (i) Within 3 days after the administration of an | 16 | | undesignated epinephrine injector by a school nurse, trained | 17 | | personnel, or a student at a school or school-sponsored | 18 | | activity, the school must report to the State Board of | 19 | | Education in a form and manner prescribed by the State Board | 20 | | the following information: | 21 | | (1) age and type of person receiving epinephrine | 22 | | (student, staff, visitor); | 23 | | (2) any previously known diagnosis of a severe | 24 | | allergy; | 25 | | (3) trigger that precipitated allergic episode; | 26 | | (4) location where symptoms developed; |
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| 1 | | (5) number of doses administered; | 2 | | (6) type of person administering epinephrine (school | 3 | | nurse, trained personnel, student); and | 4 | | (7) any other information required by the State Board. | 5 | | If a school district, public school, charter school, or | 6 | | nonpublic school maintains or has an independent contractor | 7 | | providing transportation to students who maintains a supply of | 8 | | undesignated epinephrine injectors, then the school district, | 9 | | public school, charter school, or nonpublic school must report | 10 | | that information to the State Board of Education upon adoption | 11 | | or change of the policy of the school district, public school, | 12 | | charter school, nonpublic school, or independent contractor, | 13 | | in a manner as prescribed by the State Board. The report must | 14 | | include the number of undesignated epinephrine injectors in | 15 | | 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 of Education, in a form and | 19 | | manner prescribed by the State Board, the following | 20 | | information: | 21 | | (1) the age and type of person receiving the opioid | 22 | | antagonist (student, staff, or visitor); | 23 | | (2) the location where symptoms developed; | 24 | | (3) the type of person administering the opioid | 25 | | antagonist (school nurse or trained personnel); and | 26 | | (4) any other information required by the State Board. |
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| 1 | | (i-10) Within 3 days after the administration of | 2 | | undesignated asthma medication by a school nurse, trained | 3 | | personnel, or a student at a school or school-sponsored | 4 | | activity, the school must report to the State Board of | 5 | | Education, on a form and in a manner prescribed by the State | 6 | | Board of Education, the following information: | 7 | | (1) the age and type of person receiving the asthma | 8 | | medication (student, staff, or visitor); | 9 | | (2) any previously known diagnosis of asthma for the | 10 | | person; | 11 | | (3) the trigger that precipitated respiratory | 12 | | distress, if identifiable; | 13 | | (4) the location of where the symptoms developed; | 14 | | (5) the number of doses administered; | 15 | | (6) the type of person administering the asthma | 16 | | medication (school nurse, trained personnel, or student); | 17 | | (7) the outcome of the asthma medication | 18 | | administration; and | 19 | | (8)
any other information required by the State Board. | 20 | | (j) By October 1, 2015 and every year thereafter, the | 21 | | State Board of Education shall submit a report to the General | 22 | | Assembly identifying the frequency and circumstances of | 23 | | undesignated epinephrine and undesignated asthma medication | 24 | | administration during the preceding academic year. Beginning | 25 | | with the 2017 report, the report shall also contain | 26 | | information on which school districts, public schools, charter |
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| 1 | | schools, and nonpublic schools maintain or have independent | 2 | | contractors providing transportation to students who maintain | 3 | | a supply of undesignated epinephrine injectors. This report | 4 | | shall be published on the State Board's Internet website on | 5 | | the date the report is delivered to the General Assembly. | 6 | | (j-5) Annually, each school district, public school, | 7 | | charter school, or nonpublic school shall request an asthma | 8 | | action plan from the parents or guardians of a pupil with | 9 | | asthma. If provided, the asthma action plan must be kept on | 10 | | file in the office of the school nurse or, in the absence of a | 11 | | school nurse, the school administrator. Copies of the asthma | 12 | | action plan may be distributed to appropriate school staff who | 13 | | interact with the pupil on a regular basis, and, if | 14 | | applicable, may be attached to the pupil's federal Section 504 | 15 | | plan or individualized education program plan. | 16 | | (j-10) To assist schools with emergency response | 17 | | procedures for asthma, the State Board of Education, in | 18 | | consultation with statewide professional organizations with | 19 | | expertise in asthma management and a statewide organization | 20 | | representing school administrators, shall develop a model | 21 | | asthma episode emergency response protocol before September 1, | 22 | | 2016. Each school district, charter school, and nonpublic | 23 | | school shall adopt an asthma episode emergency response | 24 | | protocol before January 1, 2017 that includes all of the | 25 | | components of the State Board's model protocol. | 26 | | (j-15) Every 2 years, school personnel who work with |
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| 1 | | pupils shall complete an in-person or online training program | 2 | | on the management of asthma, the prevention of asthma | 3 | | symptoms, and emergency response in the school setting. In | 4 | | consultation with statewide professional organizations with | 5 | | expertise in asthma management, the State Board of Education | 6 | | shall make available resource materials for educating school | 7 | | personnel about asthma and emergency response in the school | 8 | | setting. | 9 | | (j-20) On or before October 1, 2016 and every year | 10 | | thereafter, the State Board of Education shall submit a report | 11 | | to the General Assembly and the Department of Public Health | 12 | | identifying the frequency and circumstances of opioid | 13 | | antagonist administration during the preceding academic year. | 14 | | This report shall be published on the State Board's Internet | 15 | | website on the date the report is delivered to the General | 16 | | Assembly. | 17 | | (k) The State Board of Education may adopt rules necessary | 18 | | to implement this Section. | 19 | | (l) Nothing in this Section shall limit the amount of | 20 | | epinephrine injectors that any type of school or student may | 21 | | carry or maintain a supply of. | 22 | | (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; | 23 | | 100-726, eff. 1-1-19; 100-759, eff. 1-1-19; 100-799, eff. | 24 | | 1-1-19; 101-81, eff. 7-12-19.)
| 25 | | (105 ILCS 5/2-3.149 rep.) |
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| 1 | | Section 905. The School Code is amended by repealing | 2 | | Section 2-3.149. | 3 | | Section 910. The Child Care Act of 1969 is amended by | 4 | | adding Section 5.11 as follows: | 5 | | (225 ILCS 10/5.11 new) | 6 | | Sec. 5.11. Plan for anaphylactic shock. The Department | 7 | | shall require each licensed day care center, day care home, | 8 | | and group day care home to have a plan for anaphylactic shock | 9 | | to be followed for the prevention of anaphylaxis and during a | 10 | | medical emergency resulting from anaphylaxis. The plan should | 11 | | be based on the guidance and recommendations provided by the | 12 | | American Academy of Pediatrics relating to the management of | 13 | | food allergies or other allergies. The plan should be shared | 14 | | with parents or guardians upon enrollment at each licensed day | 15 | | care center, day care home, and group day care home. If a child | 16 | | requires specific specialized treatment during an episode of | 17 | | anaphylaxis, that child's treatment plan should be kept by the | 18 | | staff of the day care center, day care home, or group day care | 19 | | home and followed in the event of an emergency. Each licensed | 20 | | day care center, day care home, and group day care home shall | 21 | | have at least one staff member present at all times who has | 22 | | taken a training course in recognizing and responding to | 23 | | anaphylaxis.
| 24 | | Section 999. Effective date. This Act takes effect July 1, |
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| 1 | | 2021.
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