Public Act 103-0348
 
HB3428 EnrolledLRB103 29807 RJT 56214 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The School Code is amended  by changing Section 
22-30 as follows:
 


    (105 ILCS 5/22-30)




    Sec. 22-30. Self-administration and self-carry of asthma 
medication and epinephrine injectors; administration of 
undesignated epinephrine injectors; administration of an 
opioid antagonist; administration of undesignated asthma 
medication; asthma episode emergency response protocol.

    (a) For the purpose of this Section only, the following 
terms shall have the meanings set forth below:

    "Asthma action plan" means a written plan developed with a 
pupil's medical provider to help control the pupil's asthma. 
The goal of an asthma action plan is to reduce or prevent 
flare-ups and emergency department visits through day-to-day 
management and to serve as a student-specific document to be 
referenced in the event of an asthma episode.
    "Asthma episode emergency response protocol" means a 
procedure to provide assistance to a pupil experiencing 
symptoms of wheezing, coughing, shortness of breath, chest 
tightness, or breathing difficulty.
    "Epinephrine  injector" includes an auto-injector approved 
by the United States Food and Drug Administration for the 
administration of epinephrine and a pre-filled syringe 
approved by the United States Food and Drug Administration and 
used for the administration of epinephrine that contains a 
pre-measured dose of epinephrine that is equivalent to the 
dosages used in an auto-injector. 
    "Asthma medication" means quick-relief asthma medication, 
including albuterol or other short-acting bronchodilators, 
that is approved by the United States Food and Drug 
Administration for the treatment of respiratory distress. 
"Asthma medication" includes medication delivered through a 
device, including a metered dose inhaler with a reusable or 
disposable spacer or a nebulizer with a mouthpiece or mask.

    "Opioid antagonist" means a drug that binds to opioid 
receptors and blocks or inhibits the effect of opioids acting 
on those receptors, including, but not limited to, naloxone 
hydrochloride or any other similarly acting drug approved by 
the U.S. Food and Drug Administration. 
    "Respiratory distress" means the perceived or actual 
presence of wheezing, coughing, shortness of breath, chest 
tightness, breathing difficulty, or any other symptoms 
consistent with asthma. Respiratory distress may be 
categorized as "mild-to-moderate" or "severe". 
    "School nurse" means a registered nurse working in a 
school with or without licensure endorsed in school nursing. 
    "Self-administration" means a pupil's discretionary use of 
his or
her prescribed asthma medication or epinephrine 
injector.

    "Self-carry" means a pupil's ability to carry his or her 
prescribed asthma medication or epinephrine injector.
    "Standing protocol" may be issued by (i) a physician 
licensed to practice medicine in all its branches, (ii) a 
licensed physician assistant with prescriptive authority, or 
(iii) a licensed advanced practice registered nurse with 
prescriptive authority. 
    "Trained personnel" means any school employee or volunteer 
personnel authorized in Sections 10-22.34, 10-22.34a, and 
10-22.34b of this Code who has completed training under 
subsection (g) of this Section to recognize and respond to 
anaphylaxis, an opioid overdose, or respiratory distress.
    "Undesignated asthma medication" means asthma medication 
prescribed in the name of a school district, public school, 
charter school, or nonpublic school.
    "Undesignated epinephrine injector" means an epinephrine 
injector prescribed in the name of a school district, public 
school, charter school, or nonpublic school. 
    (b) A school, whether public, charter, or nonpublic, must 
permit the
self-administration and self-carry of asthma

medication by a pupil with asthma or the self-administration 
and self-carry of an epinephrine injector by a pupil, provided 
that:

        (1) the parents or
guardians of the pupil provide to 
    the school (i) written
authorization from the parents or 
    guardians for (A) the self-administration and self-carry 
    of asthma medication or (B)  the self-carry of asthma 
    medication or (ii) for (A) the self-administration and 
    self-carry of an epinephrine injector or (B) the 
    self-carry of an epinephrine injector, written 
    authorization from the pupil's physician, physician 
    assistant, or advanced practice registered nurse; and

        (2) the
parents or guardians of the pupil provide to 
    the school (i) the prescription label, which must contain 
    the name of the asthma medication, the prescribed dosage, 
    and the time at which or circumstances under which the 
    asthma medication is to be administered, or (ii) for the 
    self-administration or self-carry of an epinephrine 
    injector, a
written
statement from the pupil's physician, 
    physician assistant, or advanced practice registered
 nurse 
    containing
the following information:

            (A) the name and purpose of the epinephrine 
        injector;

            (B) the prescribed dosage; and

            (C) the time or times at which or the special 
        circumstances
under which the epinephrine injector is 
        to be administered.

The information provided shall be kept on file in the office of 
the school
nurse or,
in the absence of a school nurse, the 
school's administrator.

    (b-5)   A school district, public school, charter school, or 
nonpublic school may authorize the provision of a 
student-specific or undesignated epinephrine injector to a 
student or any personnel authorized under a student's 
Individual Health Care Action Plan, Illinois Food Allergy 
Emergency Action Plan and Treatment Authorization Form, or 
plan pursuant to Section 504 of the federal Rehabilitation Act 
of 1973 to administer an epinephrine injector to the student, 
that meets the student's prescription on file.
    (b-10)  The school district, public school, charter school, 
or nonpublic school may authorize a school nurse or trained 
personnel to do the following: (i) provide an undesignated 
epinephrine injector to a student for self-administration only 
or any personnel authorized under a student's Individual 
Health Care Action Plan, Illinois Food Allergy Emergency 
Action Plan and Treatment Authorization Form, plan pursuant to 
Section 504 of the federal Rehabilitation Act of 1973, or 
individualized education program plan to administer to the 
student that meets the student's prescription on file; (ii) 
administer an undesignated epinephrine injector that meets the 
prescription on file to any student who has an Individual 
Health Care Action Plan, Illinois Food Allergy Emergency 
Action Plan and Treatment Authorization Form, plan pursuant to 
Section 504 of the federal Rehabilitation Act of 1973, or 
individualized education program plan that authorizes the use 
of an epinephrine injector; (iii) administer an undesignated 
epinephrine injector to any person that the school nurse or 
trained personnel in good faith believes is having an 
anaphylactic reaction; (iv) administer an opioid antagonist to 
any person that the school nurse or trained personnel in good 
faith believes is having an opioid overdose; (v) provide 
undesignated asthma medication to a student for 
self-administration only or to any personnel authorized under 
a student's Individual Health Care Action Plan or asthma 
action plan, plan pursuant to Section 504 of the federal 
Rehabilitation Act of 1973, or individualized education 
program plan to administer to the student that meets the 
student's prescription on file; (vi) administer undesignated 
asthma medication that meets the prescription on file to any 
student who has an Individual Health Care Action Plan or 
asthma action plan, plan pursuant to Section 504 of the 
federal Rehabilitation Act of 1973, or individualized 
education program plan that authorizes the use of asthma 
medication; and (vii) administer undesignated asthma 
medication to any person that the school nurse or trained 
personnel believes in good faith is having respiratory 
distress. 
    (c) The school district, public school, charter school, or 
nonpublic school must inform the parents or
guardians of the

pupil, in writing, that the school district, public school, 
charter school, or nonpublic school and its
employees and

agents, including a physician, physician assistant, or 
advanced practice registered nurse providing standing protocol 
and a prescription for school epinephrine injectors, an opioid 
antagonist, or undesignated asthma medication,
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 asthma medication, an epinephrine injector, 
or an opioid antagonist regardless of whether authorization 
was given by the pupil's parents or guardians or by the pupil's 
physician, physician assistant, or advanced practice 
registered nurse.  The parents or guardians
of the pupil must 
sign a statement acknowledging that the school district, 
public school, charter school,
or nonpublic school and its 
employees and agents are to incur no liability, except for 
willful and wanton
conduct, as a result of any injury arising

from the
administration of asthma medication, an epinephrine 
injector, or an opioid antagonist regardless of whether 
authorization was given by the pupil's parents or guardians or 
by the pupil's physician, physician assistant, or advanced 
practice registered nurse and that the parents or
guardians 
must indemnify and hold harmless the school district, public 
school, charter school, or nonpublic
school and
its
employees 
and agents against any claims, except a claim based on willful 
and
wanton conduct, arising out of the
administration of 
asthma medication, an epinephrine injector, or an opioid 
antagonist regardless of whether authorization was given by 
the pupil's parents or guardians or by the pupil's physician, 
physician assistant, or advanced practice registered nurse.
    (c-5) When a school nurse or trained personnel administers 
an undesignated epinephrine injector to a person whom the 
school  nurse or trained personnel in good faith believes is 
having an anaphylactic reaction, administers an opioid 
antagonist to a person whom the school nurse or trained 
personnel in good faith believes is having an opioid overdose, 
or administers undesignated asthma medication to a person whom 
the school nurse or trained personnel in good faith believes 
is having respiratory distress, notwithstanding the lack of 
notice to the parents or guardians of the pupil or the absence 
of the parents or guardians signed statement acknowledging no 
liability, except for willful and wanton conduct, the school 
district, public school, charter school, or nonpublic school 
and its employees and agents, and a physician, a physician 
assistant, or an advanced practice registered  nurse providing 
standing protocol and a prescription for undesignated 
epinephrine injectors, an opioid antagonist, or undesignated 
asthma medication, are to incur no liability or professional 
discipline, except for willful and wanton conduct, as a result 
of any injury arising from the use of an undesignated 
epinephrine injector, the use of an opioid antagonist, or the 
use of undesignated asthma medication, regardless of whether 
authorization was given by the pupil's parents or guardians or 
by the pupil's physician, physician assistant, or advanced 
practice registered nurse.

    (d) The permission for self-administration and self-carry 
of asthma medication or the self-administration and self-carry 
of an epinephrine injector is effective
for the school year 
for which it is granted and shall be renewed each
subsequent 
school year upon fulfillment of the requirements of this

Section.

    (e) Provided that the requirements of this Section are 
fulfilled, a
pupil with asthma may self-administer and 
self-carry his or her asthma medication or a pupil may 
self-administer and self-carry an epinephrine injector (i) 
while in
school, (ii) while at a school-sponsored activity, 
(iii) while under the
supervision of
school personnel, or (iv) 
before or after normal school activities, such
as while in 
before-school or after-school care on school-operated
property 
or while being transported on a school bus.

    (e-5) Provided that the requirements of this Section are 
fulfilled, a school nurse or trained personnel may administer 
an undesignated epinephrine injector to any person whom the 
school nurse or trained personnel in good faith believes to be 
having an anaphylactic reaction (i) while in school, (ii) 
while at a school-sponsored activity, (iii) while under the 
supervision of school personnel, or (iv) before or after 
normal school activities, such
as while in before-school or 
after-school care on school-operated property or while being 
transported on a school bus.  A school nurse or trained 
personnel may carry undesignated epinephrine injectors on his 
or her person while in school or at a school-sponsored 
activity. 
    (e-10)  Provided that the requirements of this Section are 
fulfilled, a school nurse or trained personnel may administer 
an opioid antagonist to any person whom the school nurse or 
trained personnel in good faith believes to be having an 
opioid overdose (i) while in school, (ii) while at a 
school-sponsored activity, (iii) while under the supervision 
of school personnel, or (iv) before or after normal school 
activities, such as while in before-school or after-school 
care on school-operated property.  A school nurse or trained 
personnel may carry an opioid antagonist on his or her person 
while in school or at a school-sponsored activity. 
    (e-15) If the requirements of this Section are met, a 
school nurse or trained personnel may administer undesignated 
asthma medication to any person whom the school nurse or 
trained personnel in good faith believes to be experiencing 
respiratory distress (i) while in school, (ii) while at a 
school-sponsored activity, (iii) while under the supervision 
of school personnel, or (iv) before or after normal school 
activities, including before-school or after-school care on 
school-operated property. A school nurse or trained personnel 
may carry undesignated asthma medication on his or her person 
while in school or at a school-sponsored activity. 
    (f) The school district, public school, charter school, or 
nonpublic school may maintain a supply of undesignated 
epinephrine injectors in any secure location  that is 
accessible before, during, and after school where an allergic 
person is most at risk, including, but not limited to, 
classrooms and lunchrooms. A physician, a physician assistant 
who has prescriptive authority in accordance with Section 7.5 
of the Physician Assistant Practice Act of 1987, or an 
advanced practice registered nurse who has prescriptive 
authority in accordance with Section 65-40 of the Nurse 
Practice Act may prescribe undesignated epinephrine injectors 
in the name of the school district, public school, charter 
school, or nonpublic school to be maintained for use when 
necessary. Any supply of epinephrine injectors shall be 
maintained in accordance with the manufacturer's instructions.
    The school district, public school, charter school, or 
nonpublic school shall may maintain a supply of an opioid 
antagonist in any secure location where an individual may have 
an opioid overdose, unless there is a shortage of opioid 
antagonists, in which case the school district, public school, 
charter school, or nonpublic school shall make a reasonable 
effort to maintain a supply of an opioid antagonist.  Unless 
the school district, public school, charter school, or 
nonpublic school is able to obtain opioid antagonists without 
a prescription, a A health care professional who has been 
delegated prescriptive authority for opioid antagonists in 
accordance with Section 5-23 of the Substance Use Disorder Act 
shall may prescribe  opioid antagonists in the name of the 
school district, public school, charter school, or nonpublic 
school, to be maintained for use when necessary.  Any supply of 
opioid antagonists shall be maintained in accordance with the 
manufacturer's instructions. 
    The school district, public school, charter school, or 
nonpublic school may maintain a supply of asthma medication in 
any secure location that is accessible before, during, or 
after school where a person is most at risk, including, but not 
limited to, a classroom or the nurse's office. A physician, a 
physician assistant who has prescriptive authority under 
Section 7.5 of the Physician Assistant Practice Act of 1987, 
or an advanced practice registered nurse who has prescriptive 
authority under Section 65-40 of the Nurse Practice Act may 
prescribe undesignated asthma medication in the name of the 
school district, public school, charter school, or nonpublic 
school to be maintained for use when necessary. Any supply of 
undesignated asthma medication must be maintained in 
accordance with the manufacturer's instructions. 
    (f-3)  Whichever entity initiates the process of obtaining 
undesignated epinephrine injectors and providing training to 
personnel for carrying and administering undesignated 
epinephrine injectors shall pay for the costs of the 
undesignated epinephrine injectors.
    (f-5) Upon any administration of an epinephrine injector, 
a school district, public school, charter school, or nonpublic 
school must immediately activate the EMS system and notify the 
student's parent, guardian, or emergency contact, if known.
    Upon any administration of an opioid antagonist, a school 
district, public school, charter school, or nonpublic school 
must immediately activate the EMS system and notify the 
student's parent, guardian, or emergency contact, if known. 
    (f-10) Within 24 hours of the administration of an 
undesignated epinephrine injector, a school district, public 
school, charter school, or nonpublic school must notify the 
physician, physician assistant, or advanced practice 
registered nurse who provided the standing protocol and a 
prescription for the undesignated epinephrine injector of its 
use. 
    Within 24 hours after the administration of an opioid 
antagonist, a school district, public school, charter school, 
or nonpublic school must notify the health care professional 
who provided the prescription for the opioid antagonist of its 
use. 
    Within 24 hours after the administration of undesignated 
asthma medication, a school district, public school, charter 
school, or nonpublic school must notify the student's parent 
or guardian or emergency contact, if known, and the physician, 
physician assistant, or advanced practice registered nurse who 
provided the standing protocol and a prescription for the 
undesignated asthma medication of its use. The district or 
school must follow up with the school nurse, if available, and 
may, with the consent of the child's parent or guardian, 
notify the child's health care provider of record, as 
determined under this Section, of its use. 
    (g) Prior to the administration of an undesignated 
epinephrine injector, trained personnel must submit to the 
school's administration proof of completion of a training 
curriculum to recognize and respond to anaphylaxis that meets 
the requirements of subsection (h) of this Section.  Training 
must be completed annually. The school district, public 
school, charter school, or nonpublic school must maintain 
records related to the training curriculum and trained 
personnel.
    Prior to the administration of an opioid antagonist, 
trained personnel must submit to the school's administration 
proof of completion of a training curriculum to recognize and 
respond to an opioid overdose, which curriculum must meet the 
requirements of subsection (h-5) of this Section.  Training 
must be completed annually.  Trained personnel must also submit 
to the school's administration proof of cardiopulmonary 
resuscitation and automated external defibrillator 
certification.  The school district, public school, charter 
school, or nonpublic school must maintain records relating to 
the training curriculum and the trained personnel. 
    Prior to the administration of undesignated asthma 
medication, trained personnel must submit to the school's 
administration proof of completion of a training curriculum to 
recognize and respond to respiratory distress, which must meet 
the requirements of subsection (h-10) of this Section.  
Training must be completed annually, and the school district, 
public school, charter school, or nonpublic school must 
maintain records relating to the training curriculum and the 
trained personnel. 
    (h) A training curriculum to recognize and respond to 
anaphylaxis, including the administration of an undesignated 
epinephrine injector, may be conducted online or in person.
    Training shall include, but is not limited to:
        (1)  how to recognize signs and symptoms of an allergic 
    reaction, including anaphylaxis;
        (2) how to administer an epinephrine injector; and
        (3)  a test demonstrating competency of the knowledge 
    required to recognize anaphylaxis and administer an 
    epinephrine injector.
    Training may also include, but is not limited to:
        (A)  a review of high-risk areas within a school and 
    its related facilities;
        (B)  steps to take to prevent exposure to allergens;
        (C)  emergency follow-up procedures, including the 
    importance of calling 9-1-1 or, if 9-1-1 is not available, 
    other local emergency medical services;
        (D)  how to respond to a student with a known allergy, 
    as well as a student with a previously unknown allergy;
        (E)  other criteria as determined in rules adopted 
    pursuant to this Section; and
        (F) any policy developed by the State Board of 
    Education under Section 2-3.190.
    In consultation with statewide professional organizations 
representing physicians licensed to practice medicine in all 
of its branches, registered nurses, and school nurses, the 
State Board of Education shall make available resource 
materials consistent with criteria in this subsection (h) for 
educating trained personnel to recognize and respond to 
anaphylaxis.  The State Board may take into consideration the 
curriculum on this subject developed by other states, as well 
as any other curricular materials suggested by medical experts 
and other groups that work on life-threatening allergy issues. 
The State Board is not required to create new resource 
materials.  The State Board shall make these resource materials 
available on its Internet website.
    (h-5)  A training curriculum to recognize and respond to an 
opioid overdose, including the administration of an opioid 
antagonist, may be conducted online or in person.  The training 
must comply with any training requirements under Section 5-23 
of the Substance Use Disorder Act and the corresponding rules.  
It must include, but is not limited to:
        (1) how to recognize symptoms of an opioid overdose;
        (2) information on drug overdose prevention and 
    recognition;
        (3) how to perform rescue breathing and resuscitation;
        (4) how to respond to an emergency involving an opioid 
    overdose;
        (5) opioid antagonist dosage and administration;
        (6) the importance of calling 9-1-1 or, if 9-1-1 is 
    not available, other local emergency medical services;
        (7) care for the overdose victim after administration 
    of the overdose antagonist;
        (8) a test demonstrating competency of the knowledge 
    required to recognize an opioid overdose and administer a 
    dose of an opioid antagonist; and
        (9) other criteria as determined in rules adopted 
    pursuant to this Section. 
    (h-10) A training curriculum to recognize and respond to 
respiratory distress, including the administration of 
undesignated asthma medication, may be conducted online or in 
person. The training must include, but is not limited to:
        (1) how to recognize symptoms of respiratory distress 
    and how to distinguish respiratory distress from 
    anaphylaxis;
        (2) how to respond to an emergency involving 
    respiratory distress;
        (3) asthma medication dosage and administration;
        (4) the importance of calling 9-1-1 or, if 9-1-1 is 
    not available, other local emergency medical services;
        (5) a test demonstrating competency of the knowledge 
    required to recognize respiratory distress and administer 
    asthma medication; and
        (6) other criteria as determined in rules adopted 
    under this Section. 
    (i) Within 3 days after the administration of an 
undesignated epinephrine injector by a school nurse, trained 
personnel, or a student at a school or school-sponsored 
activity, the school must report to the State Board of 
Education in a form and manner prescribed by the State Board 
the following information:
        (1) age and type of person receiving epinephrine 
    (student, staff, visitor);
        (2) any previously known diagnosis of a severe 
    allergy;
        (3) trigger that precipitated allergic episode;
        (4) location where symptoms developed;
        (5) number of doses administered;
        (6) type of person administering epinephrine (school 
    nurse, trained personnel, student); and
        (7)  any other information required by the State Board.
    If a school district, public school, charter school, or 
nonpublic school maintains or has an independent contractor 
providing transportation to students who maintains a supply of 
undesignated epinephrine injectors, then the school district, 
public school, charter school, or nonpublic school must report 
that information to the State Board of Education upon adoption 
or change of the policy of the school district, public school, 
charter school, nonpublic school, or independent contractor,  
in a manner as prescribed by the State Board.  The report must 
include the number of undesignated epinephrine injectors in 
supply.
    (i-5) Within 3 days after the administration of an opioid 
antagonist by a school nurse or trained personnel, the school 
must report to the State Board of Education, in a form and 
manner prescribed by the State Board, the following 
information:
        (1) the age and type of person receiving the opioid 
    antagonist (student, staff, or visitor);
        (2) the location where symptoms developed;
        (3) the type of person administering the opioid 
    antagonist (school nurse or trained personnel); and
        (4) any other information required by the State Board. 
    (i-10) Within 3 days after the administration of 
undesignated asthma medication by a school nurse, trained 
personnel, or a student at a school or school-sponsored 
activity, the school must report to the State Board of 
Education, on a form and in a manner prescribed by the State 
Board of Education, the following information:
        (1) the age and type of person receiving the asthma 
    medication (student, staff, or visitor);
        (2) any previously known diagnosis of asthma for the 
    person;
        (3) the trigger that precipitated respiratory 
    distress, if identifiable;
        (4) the location of where the symptoms developed;
        (5) the number of doses administered;
        (6) the type of person administering the asthma 
    medication (school nurse, trained personnel, or student);
        (7) the outcome of the asthma medication 
    administration; and
        (8)
any other information required by the State Board. 
    (j) By October 1, 2015 and every year thereafter, the 
State  Board of Education shall submit a report to the General 
Assembly identifying the frequency and circumstances of 
undesignated epinephrine and undesignated asthma medication 
administration during the preceding academic year.  Beginning 
with the 2017 report, the report shall also contain 
information on which school districts, public schools, charter 
schools, and nonpublic schools maintain or have independent 
contractors providing transportation to students who maintain 
a supply of undesignated epinephrine injectors. This report 
shall be published on the State Board's Internet website on 
the date the report is delivered to the General Assembly.
    (j-5) Annually, each school district, public school, 
charter school, or nonpublic school shall request an asthma 
action plan from the parents or guardians of a pupil with 
asthma. If provided, the asthma action plan must be kept on 
file in the office of the school nurse or, in the absence of a 
school nurse, the school administrator. Copies of the asthma 
action plan may be distributed to appropriate school staff who 
interact with the pupil on a regular basis, and, if 
applicable, may be attached to the pupil's federal Section 504 
plan or individualized education program plan.
    (j-10) To assist schools with emergency response 
procedures for asthma, the State Board of Education, in 
consultation with statewide professional organizations with 
expertise in asthma management and a statewide organization 
representing school administrators, shall develop a model 
asthma episode emergency response protocol before September 1, 
2016. Each school district, charter school, and nonpublic 
school shall adopt an asthma episode emergency response 
protocol before January 1, 2017 that includes all of the 
components of the State Board's model protocol.
    (j-15) Every 2 years, school personnel who work with 
pupils shall complete an in-person or online training program 
on the management of asthma, the prevention of asthma 
symptoms, and emergency response in the school setting.  In 
consultation with statewide professional organizations with 
expertise in asthma management, the State Board of Education 
shall make available resource materials for educating school 
personnel about asthma and emergency response in the school 
setting.
    (j-20) On or before October 1, 2016 and every year 
thereafter, the State Board of Education shall submit a report 
to the General Assembly and the Department of Public Health 
identifying the frequency and circumstances of opioid 
antagonist administration during the preceding academic year.  
This report shall be published on the State Board's Internet 
website on the date the report is delivered to the General 
Assembly. 
    (k) The State Board of Education may adopt rules necessary 
to implement this Section. 
    (l)  Nothing in this Section shall limit the amount of 
epinephrine injectors that any type of school or student may 
carry or maintain a supply of.
(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21; 
102-813, eff. 5-13-22.)