Full Text of HB3428 103rd General Assembly
HB3428enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 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 changing Section | 5 | | 22-30 as follows:
| 6 | | (105 ILCS 5/22-30)
| 7 | | Sec. 22-30. Self-administration and self-carry of asthma | 8 | | medication and epinephrine injectors; administration of | 9 | | undesignated epinephrine injectors; administration of an | 10 | | opioid antagonist; administration of undesignated asthma | 11 | | medication; asthma episode emergency response protocol.
| 12 | | (a) For the purpose of this Section only, the following | 13 | | terms shall have the meanings set forth below:
| 14 | | "Asthma action plan" means a written plan developed with a | 15 | | pupil's medical provider to help control the pupil's asthma. | 16 | | The goal of an asthma action plan is to reduce or prevent | 17 | | flare-ups and emergency department visits through day-to-day | 18 | | management and to serve as a student-specific document to be | 19 | | referenced in the event of an asthma episode. | 20 | | "Asthma episode emergency response protocol" means a | 21 | | procedure to provide assistance to a pupil experiencing | 22 | | symptoms of wheezing, coughing, shortness of breath, chest | 23 | | tightness, or breathing difficulty. |
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| 1 | | "Epinephrine injector" includes an auto-injector approved | 2 | | by the United States Food and Drug Administration for the | 3 | | administration of epinephrine and a pre-filled syringe | 4 | | approved by the United States Food and Drug Administration and | 5 | | used for the administration of epinephrine that contains a | 6 | | pre-measured dose of epinephrine that is equivalent to the | 7 | | dosages used in an auto-injector. | 8 | | "Asthma medication" means quick-relief asthma medication, | 9 | | including albuterol or other short-acting bronchodilators, | 10 | | that is approved by the United States Food and Drug | 11 | | Administration for the treatment of respiratory distress. | 12 | | "Asthma medication" includes medication delivered through a | 13 | | device, including a metered dose inhaler with a reusable or | 14 | | disposable spacer or a nebulizer with a mouthpiece or mask.
| 15 | | "Opioid antagonist" means a drug that binds to opioid | 16 | | receptors and blocks or inhibits the effect of opioids acting | 17 | | on those receptors, including, but not limited to, naloxone | 18 | | hydrochloride or any other similarly acting drug approved by | 19 | | the U.S. Food and Drug Administration. | 20 | | "Respiratory distress" means the perceived or actual | 21 | | presence of wheezing, coughing, shortness of breath, chest | 22 | | tightness, breathing difficulty, or any other symptoms | 23 | | consistent with asthma. Respiratory distress may be | 24 | | categorized as "mild-to-moderate" or "severe". | 25 | | "School nurse" means a registered nurse working in a | 26 | | school with or without licensure endorsed in school nursing. |
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| 1 | | "Self-administration" means a pupil's discretionary use of | 2 | | his or
her prescribed asthma medication or epinephrine | 3 | | injector.
| 4 | | "Self-carry" means a pupil's ability to carry his or her | 5 | | prescribed asthma medication or epinephrine injector. | 6 | | "Standing protocol" may be issued by (i) a physician | 7 | | licensed to practice medicine in all its branches, (ii) a | 8 | | licensed physician assistant with prescriptive authority, or | 9 | | (iii) a licensed advanced practice registered nurse with | 10 | | prescriptive authority. | 11 | | "Trained personnel" means any school employee or volunteer | 12 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 13 | | 10-22.34b of this Code who has completed training under | 14 | | subsection (g) of this Section to recognize and respond to | 15 | | anaphylaxis, an opioid overdose, or respiratory distress. | 16 | | "Undesignated asthma medication" means asthma medication | 17 | | prescribed in the name of a school district, public school, | 18 | | charter school, or nonpublic school. | 19 | | "Undesignated epinephrine injector" means an epinephrine | 20 | | injector prescribed in the name of a school district, public | 21 | | school, charter school, or nonpublic school. | 22 | | (b) A school, whether public, charter, or nonpublic, must | 23 | | permit the
self-administration and self-carry of asthma
| 24 | | medication by a pupil with asthma or the self-administration | 25 | | and self-carry of an epinephrine injector by a pupil, provided | 26 | | that:
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| 1 | | (1) the parents or
guardians of the pupil provide to | 2 | | the school (i) written
authorization from the parents or | 3 | | guardians for (A) the self-administration and self-carry | 4 | | of asthma medication or (B) the self-carry of asthma | 5 | | medication or (ii) for (A) the self-administration and | 6 | | self-carry of an epinephrine injector or (B) the | 7 | | self-carry of an epinephrine injector, written | 8 | | authorization from the pupil's physician, physician | 9 | | assistant, or advanced practice registered nurse; and
| 10 | | (2) the
parents or guardians of the pupil provide to | 11 | | the school (i) the prescription label, which must contain | 12 | | the name of the asthma medication, the prescribed dosage, | 13 | | and the time at which or circumstances under which the | 14 | | asthma medication is to be administered, or (ii) for the | 15 | | self-administration or self-carry of an epinephrine | 16 | | injector, a
written
statement from the pupil's physician, | 17 | | physician assistant, or advanced practice registered
nurse | 18 | | containing
the following information:
| 19 | | (A) the name and purpose of the epinephrine | 20 | | injector;
| 21 | | (B) the prescribed dosage; and
| 22 | | (C) the time or times at which or the special | 23 | | circumstances
under which the epinephrine injector is | 24 | | to be administered.
| 25 | | The information provided shall be kept on file in the office of | 26 | | the school
nurse or,
in the absence of a school nurse, the |
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| 1 | | school's administrator.
| 2 | | (b-5) A school district, public school, charter school, or | 3 | | nonpublic school may authorize the provision of a | 4 | | student-specific or undesignated epinephrine injector to a | 5 | | student or any personnel authorized under a student's | 6 | | Individual Health Care Action Plan, Illinois Food Allergy | 7 | | Emergency Action Plan and Treatment Authorization Form, or | 8 | | plan pursuant to Section 504 of the federal Rehabilitation Act | 9 | | of 1973 to administer an epinephrine injector to the student, | 10 | | that meets the student's prescription on file. | 11 | | (b-10) The school district, public school, charter school, | 12 | | or nonpublic school may authorize a school nurse or trained | 13 | | personnel to do the following: (i) provide an undesignated | 14 | | epinephrine injector to a student for self-administration only | 15 | | or any personnel authorized under a student's Individual | 16 | | Health Care Action Plan, Illinois Food Allergy Emergency | 17 | | Action Plan and Treatment Authorization Form, plan pursuant to | 18 | | Section 504 of the federal Rehabilitation Act of 1973, or | 19 | | individualized education program plan to administer to the | 20 | | student that meets the student's prescription on file; (ii) | 21 | | administer an undesignated epinephrine injector that meets the | 22 | | prescription on file to any student who has an Individual | 23 | | Health Care Action Plan, Illinois Food Allergy Emergency | 24 | | Action Plan and Treatment Authorization Form, plan pursuant to | 25 | | Section 504 of the federal Rehabilitation Act of 1973, or | 26 | | individualized education program plan that authorizes the use |
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| 1 | | of an epinephrine injector; (iii) administer an undesignated | 2 | | epinephrine injector to any person that the school nurse or | 3 | | trained personnel in good faith believes is having an | 4 | | anaphylactic reaction; (iv) administer an opioid antagonist to | 5 | | any person that the school nurse or trained personnel in good | 6 | | faith believes is having an opioid overdose; (v) provide | 7 | | undesignated asthma medication to a student for | 8 | | self-administration only or to any personnel authorized under | 9 | | a student's Individual Health Care Action Plan or asthma | 10 | | action plan, plan pursuant to Section 504 of the federal | 11 | | Rehabilitation Act of 1973, or individualized education | 12 | | program plan to administer to the student that meets the | 13 | | student's prescription on file; (vi) administer undesignated | 14 | | asthma medication that meets the prescription on file to any | 15 | | student who has an Individual Health Care Action Plan or | 16 | | asthma action plan, plan pursuant to Section 504 of the | 17 | | federal Rehabilitation Act of 1973, or individualized | 18 | | education program plan that authorizes the use of asthma | 19 | | medication; and (vii) administer undesignated asthma | 20 | | medication to any person that the school nurse or trained | 21 | | personnel believes in good faith is having respiratory | 22 | | distress. | 23 | | (c) The school district, public school, charter school, or | 24 | | nonpublic school must inform the parents or
guardians of the
| 25 | | pupil, in writing, that the school district, public school, | 26 | | charter school, or nonpublic school and its
employees and
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| 1 | | agents, including a physician, physician assistant, or | 2 | | advanced practice registered nurse providing standing protocol | 3 | | and a prescription for school epinephrine injectors, an opioid | 4 | | antagonist, or undesignated asthma medication,
are to incur no | 5 | | liability or professional discipline, except for willful and | 6 | | wanton conduct, as a result
of any injury arising from the
| 7 | | administration of asthma medication, an epinephrine injector, | 8 | | or an opioid antagonist regardless of whether authorization | 9 | | was given by the pupil's parents or guardians or by the pupil's | 10 | | physician, physician assistant, or advanced practice | 11 | | registered nurse. The parents or guardians
of the pupil must | 12 | | sign a statement acknowledging that the school district, | 13 | | public school, charter school,
or nonpublic school and its | 14 | | employees and agents are to incur no liability, except for | 15 | | willful and wanton
conduct, as a result of any injury arising
| 16 | | from the
administration of asthma medication, an epinephrine | 17 | | injector, or an opioid antagonist regardless of whether | 18 | | authorization was given by the pupil's parents or guardians or | 19 | | by the pupil's physician, physician assistant, or advanced | 20 | | practice registered nurse and that the parents or
guardians | 21 | | must indemnify and hold harmless the school district, public | 22 | | school, charter school, or nonpublic
school and
its
employees | 23 | | and agents against any claims, except a claim based on willful | 24 | | and
wanton conduct, arising out of the
administration of | 25 | | asthma medication, an epinephrine injector, or an opioid | 26 | | antagonist regardless of whether authorization was given by |
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| 1 | | the pupil's parents or guardians or by the pupil's physician, | 2 | | physician assistant, or advanced practice registered nurse. | 3 | | (c-5) When a school nurse or trained personnel administers | 4 | | an undesignated epinephrine injector to a person whom the | 5 | | school nurse or trained personnel in good faith believes is | 6 | | having an anaphylactic reaction, administers an opioid | 7 | | antagonist to a person whom the school nurse or trained | 8 | | personnel in good faith believes is having an opioid overdose, | 9 | | or administers undesignated asthma medication to a person whom | 10 | | the school nurse or trained personnel in good faith believes | 11 | | is having respiratory distress, notwithstanding the lack of | 12 | | notice to the parents or guardians of the pupil or the absence | 13 | | of the parents or guardians signed statement acknowledging no | 14 | | liability, except for willful and wanton conduct, the school | 15 | | district, public school, charter school, or nonpublic school | 16 | | and its employees and agents, and a physician, a physician | 17 | | assistant, or an advanced practice registered nurse providing | 18 | | standing protocol and a prescription for undesignated | 19 | | epinephrine injectors, an opioid antagonist, or undesignated | 20 | | asthma medication, are to incur no liability or professional | 21 | | discipline, except for willful and wanton conduct, as a result | 22 | | of any injury arising from the use of an undesignated | 23 | | epinephrine injector, the use of an opioid antagonist, or the | 24 | | use of undesignated asthma medication, regardless of whether | 25 | | authorization was given by the pupil's parents or guardians or | 26 | | by the pupil's physician, physician assistant, or advanced |
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| 1 | | practice registered nurse.
| 2 | | (d) The permission for self-administration and self-carry | 3 | | of asthma medication or the self-administration and self-carry | 4 | | of an epinephrine injector is effective
for the school year | 5 | | for which it is granted and shall be renewed each
subsequent | 6 | | school year upon fulfillment of the requirements of this
| 7 | | Section.
| 8 | | (e) Provided that the requirements of this Section are | 9 | | fulfilled, a
pupil with asthma may self-administer and | 10 | | self-carry his or her asthma medication or a pupil may | 11 | | self-administer and self-carry an epinephrine injector (i) | 12 | | while in
school, (ii) while at a school-sponsored activity, | 13 | | (iii) while under the
supervision of
school personnel, or (iv) | 14 | | before or after normal school activities, such
as while in | 15 | | before-school or after-school care on school-operated
property | 16 | | or while being transported on a school bus.
| 17 | | (e-5) Provided that the requirements of this Section are | 18 | | fulfilled, a school nurse or trained personnel may administer | 19 | | an undesignated epinephrine injector to any person whom the | 20 | | school nurse or trained personnel in good faith believes to be | 21 | | having an anaphylactic reaction (i) while in school, (ii) | 22 | | while at a school-sponsored activity, (iii) while under the | 23 | | supervision of school personnel, or (iv) before or after | 24 | | normal school activities, such
as while in before-school or | 25 | | after-school care on school-operated property or while being | 26 | | transported on a school bus. A school nurse or trained |
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| 1 | | personnel may carry undesignated epinephrine injectors on his | 2 | | or her person while in school or at a school-sponsored | 3 | | activity. | 4 | | (e-10) Provided that the requirements of this Section are | 5 | | fulfilled, a school nurse or trained personnel may administer | 6 | | an opioid antagonist to any person whom the school nurse or | 7 | | trained personnel in good faith believes to be having an | 8 | | opioid overdose (i) while in school, (ii) while at a | 9 | | school-sponsored activity, (iii) while under the supervision | 10 | | of school personnel, or (iv) before or after normal school | 11 | | activities, such as while in before-school or after-school | 12 | | care on school-operated property. A school nurse or trained | 13 | | personnel may carry an opioid antagonist on his or her person | 14 | | while in school or at a school-sponsored activity. | 15 | | (e-15) If the requirements of this Section are met, a | 16 | | school nurse or trained personnel may administer undesignated | 17 | | asthma medication to any person whom the school nurse or | 18 | | trained personnel in good faith believes to be experiencing | 19 | | respiratory distress (i) while in school, (ii) while at a | 20 | | school-sponsored activity, (iii) while under the supervision | 21 | | of school personnel, or (iv) before or after normal school | 22 | | activities, including before-school or after-school care on | 23 | | school-operated property. A school nurse or trained personnel | 24 | | may carry undesignated asthma medication on his or her person | 25 | | while in school or at a school-sponsored activity. | 26 | | (f) The school district, public school, charter school, or |
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| 1 | | nonpublic school may maintain a supply of undesignated | 2 | | epinephrine injectors in any secure location that is | 3 | | accessible before, during, and after school where an allergic | 4 | | person is most at risk, including, but not limited to, | 5 | | classrooms and lunchrooms. A physician, a physician assistant | 6 | | who has prescriptive authority in accordance with Section 7.5 | 7 | | of the Physician Assistant Practice Act of 1987, or an | 8 | | advanced practice registered nurse who has prescriptive | 9 | | authority in accordance with Section 65-40 of the Nurse | 10 | | Practice Act may prescribe undesignated epinephrine injectors | 11 | | in the name of the school district, public school, charter | 12 | | school, or nonpublic school to be maintained for use when | 13 | | necessary. Any supply of epinephrine injectors shall be | 14 | | maintained in accordance with the manufacturer's instructions. | 15 | | The school district, public school, charter school, or | 16 | | nonpublic school shall may maintain a supply of an opioid | 17 | | antagonist in any secure location where an individual may have | 18 | | an opioid overdose , unless there is a shortage of opioid | 19 | | antagonists, in which case the school district, public school, | 20 | | charter school, or nonpublic school shall make a reasonable | 21 | | effort to maintain a supply of an opioid antagonist . Unless | 22 | | the school district, public school, charter school, or | 23 | | nonpublic school is able to obtain opioid antagonists without | 24 | | a prescription, a A health care professional who has been | 25 | | delegated prescriptive authority for opioid antagonists in | 26 | | accordance with Section 5-23 of the Substance Use Disorder Act |
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| 1 | | shall may prescribe opioid antagonists in the name of the | 2 | | school district, public school, charter school, or nonpublic | 3 | | school, to be maintained for use when necessary. Any supply of | 4 | | opioid antagonists shall be maintained in accordance with the | 5 | | manufacturer's instructions. | 6 | | The school district, public school, charter school, or | 7 | | nonpublic school may maintain a supply of asthma medication in | 8 | | any secure location that is accessible before, during, or | 9 | | after school where a person is most at risk, including, but not | 10 | | limited to, a classroom or the nurse's office. A physician, a | 11 | | physician assistant who has prescriptive authority under | 12 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 13 | | or an advanced practice registered nurse who has prescriptive | 14 | | authority under Section 65-40 of the Nurse Practice Act may | 15 | | prescribe undesignated asthma medication in the name of the | 16 | | school district, public school, charter school, or nonpublic | 17 | | school to be maintained for use when necessary. Any supply of | 18 | | undesignated asthma medication must be maintained in | 19 | | accordance with the manufacturer's instructions. | 20 | | (f-3) Whichever entity initiates the process of obtaining | 21 | | undesignated epinephrine injectors and providing training to | 22 | | personnel for carrying and administering undesignated | 23 | | epinephrine injectors shall pay for the costs of the | 24 | | undesignated epinephrine injectors. | 25 | | (f-5) Upon any administration of an epinephrine injector, | 26 | | a school district, public school, charter school, or nonpublic |
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| 1 | | school must immediately activate the EMS system and notify the | 2 | | student's parent, guardian, or emergency contact, if known. | 3 | | Upon any administration of an opioid antagonist, a school | 4 | | district, public school, charter school, or nonpublic school | 5 | | must immediately activate the EMS system and notify the | 6 | | student's parent, guardian, or emergency contact, if known. | 7 | | (f-10) Within 24 hours of the administration of an | 8 | | undesignated epinephrine injector, a school district, public | 9 | | school, charter school, or nonpublic school must notify the | 10 | | physician, physician assistant, or advanced practice | 11 | | registered nurse who provided the standing protocol and a | 12 | | prescription for the undesignated epinephrine injector of its | 13 | | use. | 14 | | Within 24 hours after the administration of an opioid | 15 | | antagonist, a school district, public school, charter school, | 16 | | or nonpublic school must notify the health care professional | 17 | | who provided the prescription for the opioid antagonist of its | 18 | | use. | 19 | | Within 24 hours after the administration of undesignated | 20 | | asthma medication, a school district, public school, charter | 21 | | school, or nonpublic school must notify the student's parent | 22 | | or guardian or emergency contact, if known, and the physician, | 23 | | physician assistant, or advanced practice registered nurse who | 24 | | provided the standing protocol and a prescription for the | 25 | | undesignated asthma medication of its use. The district or | 26 | | school must follow up with the school nurse, if available, and |
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| 1 | | may, with the consent of the child's parent or guardian, | 2 | | notify the child's health care provider of record, as | 3 | | determined under this Section, of its use. | 4 | | (g) Prior to the administration of an undesignated | 5 | | epinephrine injector, trained personnel must submit to the | 6 | | school's administration proof of completion of a training | 7 | | curriculum to recognize and respond to anaphylaxis that meets | 8 | | the requirements of subsection (h) of this Section. Training | 9 | | must be completed annually. The school district, public | 10 | | school, charter school, or nonpublic school must maintain | 11 | | records related to the training curriculum and trained | 12 | | personnel. | 13 | | Prior to the administration of an opioid antagonist, | 14 | | trained personnel must submit to the school's administration | 15 | | proof of completion of a training curriculum to recognize and | 16 | | respond to an opioid overdose, which curriculum must meet the | 17 | | requirements of subsection (h-5) of this Section. Training | 18 | | must be completed annually. Trained personnel must also submit | 19 | | to the school's administration proof of cardiopulmonary | 20 | | resuscitation and automated external defibrillator | 21 | | certification. The school district, public school, charter | 22 | | school, or nonpublic school must maintain records relating to | 23 | | the training curriculum and the trained personnel. | 24 | | Prior to the administration of undesignated asthma | 25 | | medication, trained personnel must submit to the school's | 26 | | administration proof of completion of a training curriculum to |
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| 1 | | recognize and respond to respiratory distress, which must meet | 2 | | the requirements of subsection (h-10) of this Section. | 3 | | Training must be completed annually, and the school district, | 4 | | public school, charter school, or nonpublic school must | 5 | | maintain records relating to the training curriculum and the | 6 | | trained personnel. | 7 | | (h) A training curriculum to recognize and respond to | 8 | | anaphylaxis, including the administration of an undesignated | 9 | | epinephrine injector, may be conducted online or in person. | 10 | | Training shall include, but is not limited to: | 11 | | (1) how to recognize signs and symptoms of an allergic | 12 | | reaction, including anaphylaxis; | 13 | | (2) how to administer an epinephrine injector; and | 14 | | (3) a test demonstrating competency of the knowledge | 15 | | required to recognize anaphylaxis and administer an | 16 | | epinephrine injector. | 17 | | Training may also include, but is not limited to: | 18 | | (A) a review of high-risk areas within a school and | 19 | | its related facilities; | 20 | | (B) steps to take to prevent exposure to allergens; | 21 | | (C) emergency follow-up procedures, including the | 22 | | importance of calling 9-1-1 or, if 9-1-1 is not available, | 23 | | other local emergency medical services; | 24 | | (D) how to respond to a student with a known allergy, | 25 | | as well as a student with a previously unknown allergy; | 26 | | (E) other criteria as determined in rules adopted |
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| 1 | | pursuant to this Section; and | 2 | | (F) any policy developed by the State Board of | 3 | | Education under Section 2-3.190. | 4 | | In consultation with statewide professional organizations | 5 | | representing physicians licensed to practice medicine in all | 6 | | of its branches, registered nurses, and school nurses, the | 7 | | State Board of Education shall make available resource | 8 | | materials consistent with criteria in this subsection (h) for | 9 | | educating trained personnel to recognize and respond to | 10 | | anaphylaxis. The State Board may take into consideration the | 11 | | curriculum on this subject developed by other states, as well | 12 | | as any other curricular materials suggested by medical experts | 13 | | and other groups that work on life-threatening allergy issues. | 14 | | The State Board is not required to create new resource | 15 | | materials. The State Board shall make these resource materials | 16 | | available on its Internet website. | 17 | | (h-5) A training curriculum to recognize and respond to an | 18 | | opioid overdose, including the administration of an opioid | 19 | | antagonist, may be conducted online or in person. The training | 20 | | must comply with any training requirements under Section 5-23 | 21 | | of the Substance Use Disorder Act and the corresponding rules. | 22 | | It must include, but is not limited to: | 23 | | (1) how to recognize symptoms of an opioid overdose; | 24 | | (2) information on drug overdose prevention and | 25 | | recognition; | 26 | | (3) how to perform rescue breathing and resuscitation; |
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| 1 | | (4) how to respond to an emergency involving an opioid | 2 | | overdose; | 3 | | (5) opioid antagonist dosage and administration; | 4 | | (6) the importance of calling 9-1-1 or, if 9-1-1 is | 5 | | not available, other local emergency medical services; | 6 | | (7) care for the overdose victim after administration | 7 | | of the overdose antagonist; | 8 | | (8) a test demonstrating competency of the knowledge | 9 | | required to recognize an opioid overdose and administer a | 10 | | dose of an opioid antagonist; and | 11 | | (9) other criteria as determined in rules adopted | 12 | | pursuant to this Section. | 13 | | (h-10) A training curriculum to recognize and respond to | 14 | | respiratory distress, including the administration of | 15 | | undesignated asthma medication, may be conducted online or in | 16 | | person. The training must include, but is not limited to: | 17 | | (1) how to recognize symptoms of respiratory distress | 18 | | and how to distinguish respiratory distress from | 19 | | anaphylaxis; | 20 | | (2) how to respond to an emergency involving | 21 | | respiratory distress; | 22 | | (3) asthma medication dosage and administration; | 23 | | (4) the importance of calling 9-1-1 or, if 9-1-1 is | 24 | | not available, other local emergency medical services; | 25 | | (5) a test demonstrating competency of the knowledge | 26 | | required to recognize respiratory distress and administer |
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| 1 | | asthma medication; and | 2 | | (6) other criteria as determined in rules adopted | 3 | | under this Section. | 4 | | (i) Within 3 days after the administration of an | 5 | | undesignated epinephrine injector by a school nurse, trained | 6 | | personnel, or a student at a school or school-sponsored | 7 | | activity, the school must report to the State Board of | 8 | | Education in a form and manner prescribed by the State Board | 9 | | the following information: | 10 | | (1) age and type of person receiving epinephrine | 11 | | (student, staff, visitor); | 12 | | (2) any previously known diagnosis of a severe | 13 | | allergy; | 14 | | (3) trigger that precipitated allergic episode; | 15 | | (4) location where symptoms developed; | 16 | | (5) number of doses administered; | 17 | | (6) type of person administering epinephrine (school | 18 | | nurse, trained personnel, student); and | 19 | | (7) any other information required by the State Board. | 20 | | If a school district, public school, charter school, or | 21 | | nonpublic school maintains or has an independent contractor | 22 | | providing transportation to students who maintains a supply of | 23 | | undesignated epinephrine injectors, then the school district, | 24 | | public school, charter school, or nonpublic school must report | 25 | | that information to the State Board of Education upon adoption | 26 | | or change of the policy of the school district, public school, |
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| 1 | | charter school, nonpublic school, or independent contractor, | 2 | | in a manner as prescribed by the State Board. The report must | 3 | | include the number of undesignated epinephrine injectors in | 4 | | supply. | 5 | | (i-5) Within 3 days after the administration of an opioid | 6 | | antagonist by a school nurse or trained personnel, the school | 7 | | must report to the State Board of Education, in a form and | 8 | | manner prescribed by the State Board, the following | 9 | | information: | 10 | | (1) the age and type of person receiving the opioid | 11 | | antagonist (student, staff, or visitor); | 12 | | (2) the location where symptoms developed; | 13 | | (3) the type of person administering the opioid | 14 | | antagonist (school nurse or trained personnel); and | 15 | | (4) any other information required by the State Board. | 16 | | (i-10) Within 3 days after the administration of | 17 | | undesignated asthma medication by a school nurse, trained | 18 | | personnel, or a student at a school or school-sponsored | 19 | | activity, the school must report to the State Board of | 20 | | Education, on a form and in a manner prescribed by the State | 21 | | Board of Education, the following information: | 22 | | (1) the age and type of person receiving the asthma | 23 | | medication (student, staff, or visitor); | 24 | | (2) any previously known diagnosis of asthma for the | 25 | | person; | 26 | | (3) the trigger that precipitated respiratory |
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| 1 | | distress, if identifiable; | 2 | | (4) the location of where the symptoms developed; | 3 | | (5) the number of doses administered; | 4 | | (6) the type of person administering the asthma | 5 | | medication (school nurse, trained personnel, or student); | 6 | | (7) the outcome of the asthma medication | 7 | | administration; and | 8 | | (8)
any other information required by the State Board. | 9 | | (j) By October 1, 2015 and every year thereafter, the | 10 | | State Board of Education shall submit a report to the General | 11 | | Assembly identifying the frequency and circumstances of | 12 | | undesignated epinephrine and undesignated asthma medication | 13 | | administration during the preceding academic year. Beginning | 14 | | with the 2017 report, the report shall also contain | 15 | | information on which school districts, public schools, charter | 16 | | schools, and nonpublic schools maintain or have independent | 17 | | contractors providing transportation to students who maintain | 18 | | a supply of undesignated epinephrine injectors. This report | 19 | | shall be published on the State Board's Internet website on | 20 | | the date the report is delivered to the General Assembly. | 21 | | (j-5) Annually, each school district, public school, | 22 | | charter school, or nonpublic school shall request an asthma | 23 | | action plan from the parents or guardians of a pupil with | 24 | | asthma. If provided, the asthma action plan must be kept on | 25 | | file in the office of the school nurse or, in the absence of a | 26 | | school nurse, the school administrator. Copies of the asthma |
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| 1 | | action plan may be distributed to appropriate school staff who | 2 | | interact with the pupil on a regular basis, and, if | 3 | | applicable, may be attached to the pupil's federal Section 504 | 4 | | plan or individualized education program plan. | 5 | | (j-10) To assist schools with emergency response | 6 | | procedures for asthma, the State Board of Education, in | 7 | | consultation with statewide professional organizations with | 8 | | expertise in asthma management and a statewide organization | 9 | | representing school administrators, shall develop a model | 10 | | asthma episode emergency response protocol before September 1, | 11 | | 2016. Each school district, charter school, and nonpublic | 12 | | school shall adopt an asthma episode emergency response | 13 | | protocol before January 1, 2017 that includes all of the | 14 | | components of the State Board's model protocol. | 15 | | (j-15) Every 2 years, school personnel who work with | 16 | | pupils shall complete an in-person or online training program | 17 | | on the management of asthma, the prevention of asthma | 18 | | symptoms, and emergency response in the school setting. In | 19 | | consultation with statewide professional organizations with | 20 | | expertise in asthma management, the State Board of Education | 21 | | shall make available resource materials for educating school | 22 | | personnel about asthma and emergency response in the school | 23 | | setting. | 24 | | (j-20) On or before October 1, 2016 and every year | 25 | | thereafter, the State Board of Education shall submit a report | 26 | | to the General Assembly and the Department of Public Health |
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| 1 | | identifying the frequency and circumstances of opioid | 2 | | antagonist administration during the preceding academic year. | 3 | | This report shall be published on the State Board's Internet | 4 | | website on the date the report is delivered to the General | 5 | | Assembly. | 6 | | (k) The State Board of Education may adopt rules necessary | 7 | | to implement this Section. | 8 | | (l) Nothing in this Section shall limit the amount of | 9 | | epinephrine injectors that any type of school or student may | 10 | | carry or maintain a supply of. | 11 | | (Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21; | 12 | | 102-813, eff. 5-13-22.)
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