Full Text of SB0094 103rd General Assembly
SB0094 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0094 Introduced 1/24/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
| 410 ILCS 607/5 | | 410 ILCS 607/10 | |
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Amends the Asthma Inhalers at Recreational Camps Act. Adds provisions authorizing possession, self-administration, and use of epinephrine injections and asthma medications at after-school care programs. Provides that after-school care program personnel may carry and administer an undesignated epinephrine injection to any child if the after-school care program personnel in good faith believe the child is having an anaphylactic reaction and may carry and administer an undesignated asthma medication to any child if the after-school care program personnel in good faith believe the child is experiencing respiratory distress while in the after-school care program. Provides that if after-school care program personnel are to administer an undesignated epinephrine injection or an undesignated asthma medication to a child, the after-school care program personnel must inform the parent or guardian of the child, in writing, that the after-school care program and its employees and agents are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of the injection or medication. Provides that a parent or guardian of the child must sign a statement acknowledging such and that the parent or guardian must indemnify and hold harmless the after-school care program and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of the medication or injection regardless of whether authorization was given. Contains other provisions. Effective immediately.
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| | A BILL FOR |
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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 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.) | 17 | | (410 ILCS 607/10)
| 18 | | Sec. 10. Possession, self-administration, and use of | 19 | | epinephrine auto-injectors or inhalers at recreation camps and | 20 | | after-school care programs . | 21 | | (a) A recreation camp or an after-school care program | 22 | | shall permit a child with severe, potentially life-threatening |
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| 1 | | allergies to possess, self-administer, and use an epinephrine | 2 | | auto-injector or inhaler, if the following conditions are | 3 | | satisfied: | 4 | | (1) The child has the written approval of his or her | 5 | | parent or guardian. | 6 | | (2) The recreational camp or after-school care program | 7 | | administrator or, if a nurse is assigned to the camp or | 8 | | program , the nurse shall receive copies of the written | 9 | | approvals required under paragraph (1) of subsection (a) | 10 | | of this Section. | 11 | | (3) The child's parent or guardian shall submit | 12 | | written verification confirming that the child has the | 13 | | knowledge and skills to safely possess, self-administer, | 14 | | and use an epinephrine auto-injector or inhaler in a camp | 15 | | or an after-school care program setting. | 16 | | (b) The child's parent or guardian shall provide the camp | 17 | | or program with the following information: | 18 | | (1) the child's name; | 19 | | (2) the name, route, and dosage of medication; | 20 | | (3) the frequency and time of medication | 21 | | administration or assistance; | 22 | | (4) the date of the order; | 23 | | (5) a diagnosis and any other medical conditions | 24 | | requiring medications, if not a violation of | 25 | | confidentiality or if not contrary to the request of the | 26 | | parent or guardian to keep confidential; |
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| 1 | | (6) specific recommendations for administration; | 2 | | (7) any special side effects, contraindications, and | 3 | | adverse reactions to be observed; | 4 | | (8) the name of each required medication; and
| 5 | | (9) any severe adverse reactions that may occur to | 6 | | another child, for whom the epinephrine auto-injector or | 7 | | inhaler is not prescribed, should the other child receive | 8 | | a dose of the medication. | 9 | | (c) If the conditions of this Act are satisfied, the child | 10 | | may possess, self-administer, and use an epinephrine | 11 | | auto-injector or inhaler at the camp or after-school care | 12 | | program or at any camp-sponsored or program-sponsored | 13 | | activity, event, or program. | 14 | | (d) The recreational camp or after-school care program | 15 | | must inform the parents or guardians of the child, in writing, | 16 | | that the recreational camp or after-school care program and | 17 | | its employees and agents are to incur no liability , as | 18 | | applicable , except for willful and wanton conduct, as a result | 19 | | of any injury arising from the self-administration of | 20 | | medication to the child. The parents or guardians of the child | 21 | | must sign a statement acknowledging that the recreational camp | 22 | | or after-school care program is to incur no liability, except | 23 | | for willful and wanton conduct, as a result of any injury | 24 | | arising from the self-administration of medication by the | 25 | | child and that the parents or guardians must indemnify and | 26 | | hold harmless the recreational camp or after-school care |
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| 1 | | program and its employees and agents , as applicable, against | 2 | | any claims, except a claim based on willful and wanton | 3 | | conduct, arising out of the self-administration of medication | 4 | | by the child.
| 5 | | (e) After-school care program personnel may administer an | 6 | | undesignated epinephrine injection to any child if the | 7 | | after-school care program personnel believe in good faith that | 8 | | the child is having an anaphylactic reaction while in the | 9 | | after-school care program. After-school care program personnel | 10 | | may carry undesignated epinephrine injectors on their person | 11 | | while in the after-school care program. | 12 | | (f) After-school care program personnel may administer | 13 | | undesignated asthma medication to any child if the | 14 | | after-school care program personnel believe in good faith that | 15 | | the child is experiencing respiratory distress while in the | 16 | | after-school care program. After-school care program personnel | 17 | | may carry undesignated asthma medication on their person while | 18 | | in the after-school care program. | 19 | | (g) If after-school care program personnel are to | 20 | | administer an undesignated epinephrine injection or an | 21 | | undesignated asthma medication to a child, the after-school | 22 | | care program personnel must inform the parents or guardians of | 23 | | the child, in writing, that the after-school care program and | 24 | | its employees and agents, including a physician, physician | 25 | | assistant, or advanced practice registered nurse, acting in | 26 | | accordance with standard protocols and the prescription for |
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| 1 | | the injection or medication, shall incur no liability or | 2 | | professional discipline, except for willful and wanton | 3 | | conduct, as a result of any injury arising from the | 4 | | administration of the injection or medication, notwithstanding | 5 | | whether authorization was given by the child's parents or | 6 | | guardians or by the child's physician, physician assistant, or | 7 | | advanced practice registered nurse. A parent or guardian of | 8 | | the child must sign a statement acknowledging that the | 9 | | after-school care program and its employees and agents are to | 10 | | incur no liability, except for willful and wanton conduct, as | 11 | | a result of any injury arising from the administration of the | 12 | | medication or injection, regardless of whether authorization | 13 | | was given by a parent or guardian of the child or by the | 14 | | child's physician, physician assistant, or advanced practice | 15 | | registered nurse, and that the parent or guardian must also | 16 | | indemnify and hold harmless the after-school care program and | 17 | | its employees and agents against any claims, except a claim | 18 | | based on willful and wanton conduct, arising out of the | 19 | | administration of the medication or injection, regardless of | 20 | | whether authorization was given by the child's parent or | 21 | | guardian or by the child's physician, physician assistant, or | 22 | | advanced practice registered nurse. | 23 | | (h) If after-school care program personnel administer an | 24 | | undesignated epinephrine injection to a person and the | 25 | | after-school care program personnel believe in good faith the | 26 | | person is having an anaphylactic reaction or administer |
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| 1 | | undesignated asthma medication to a person and believe in good | 2 | | faith the person is experiencing respiratory distress, then | 3 | | the after-school care program, its employees and agents, and | 4 | | any physician, physician assistant, or advanced practice | 5 | | registered nurse, acting in accordance with standard protocols | 6 | | and the prescription for the injection or medication, shall | 7 | | not, except for willful and wanton conduct, incur any | 8 | | liability or be subject to professional discipline as a result | 9 | | of any injury arising from the use of the injection or | 10 | | medication, notwithstanding whether notice was given to or | 11 | | authorization was given by the child's parent or guardian or | 12 | | by the child's physician, physician assistant, or advanced | 13 | | practice registered nurse and notwithstanding the absence of | 14 | | the parent's or guardian's signed statement acknowledging | 15 | | release from liability. | 16 | | (Source: P.A. 94-670, eff. 8-23-05.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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