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

    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.


LRB103 25902 CPF 52253 b

 

 

A BILL FOR

 

SB0094LRB103 25902 CPF 52253 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Asthma Inhalers at Recreational Camps Act
5is 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
9program operated by a park district or any nonprofit or
10for-profit entity on school district property.
11    "Recreational camp" means any place set apart for
12recreational purposes for boys and girls. "Recreational camp"
13shall not apply to private camps owned or leased for
14individual or family use, or to any camp operated for a period
15of 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
19epinephrine auto-injectors or inhalers at recreation camps and
20after-school care programs.
21    (a) A recreation camp or an after-school care program
22shall permit a child with severe, potentially life-threatening

 

 

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1allergies to possess, self-administer, and use an epinephrine
2auto-injector or inhaler, if the following conditions are
3satisfied:
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
17or 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
10may possess, self-administer, and use an epinephrine
11auto-injector or inhaler at the camp or after-school care
12program or at any camp-sponsored or program-sponsored
13activity, event, or program.
14    (d) The recreational camp or after-school care program
15must inform the parents or guardians of the child, in writing,
16that the recreational camp or after-school care program and
17its employees and agents are to incur no liability, as
18applicable, except for willful and wanton conduct, as a result
19of any injury arising from the self-administration of
20medication to the child. The parents or guardians of the child
21must sign a statement acknowledging that the recreational camp
22or after-school care program is to incur no liability, except
23for willful and wanton conduct, as a result of any injury
24arising from the self-administration of medication by the
25child and that the parents or guardians must indemnify and
26hold harmless the recreational camp or after-school care

 

 

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1program and its employees and agents, as applicable, against
2any claims, except a claim based on willful and wanton
3conduct, arising out of the self-administration of medication
4by the child.
5    (e) After-school care program personnel may administer an
6undesignated epinephrine injection to any child if the
7after-school care program personnel believe in good faith that
8the child is having an anaphylactic reaction while in the
9after-school care program. After-school care program personnel
10may carry undesignated epinephrine injectors on their person
11while in the after-school care program.
12    (f) After-school care program personnel may administer
13undesignated asthma medication to any child if the
14after-school care program personnel believe in good faith that
15the child is experiencing respiratory distress while in the
16after-school care program. After-school care program personnel
17may carry undesignated asthma medication on their person while
18in the after-school care program.
19    (g) If after-school care program personnel are to
20administer an undesignated epinephrine injection or an
21undesignated asthma medication to a child, the after-school
22care program personnel must inform the parents or guardians of
23the child, in writing, that the after-school care program and
24its employees and agents, including a physician, physician
25assistant, or advanced practice registered nurse, acting in
26accordance with standard protocols and the prescription for

 

 

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1the injection or medication, shall incur no liability or
2professional discipline, except for willful and wanton
3conduct, as a result of any injury arising from the
4administration of the injection or medication, notwithstanding
5whether authorization was given by the child's parents or
6guardians or by the child's physician, physician assistant, or
7advanced practice registered nurse. A parent or guardian of
8the child must sign a statement acknowledging that the
9after-school care program and its employees and agents are to
10incur no liability, except for willful and wanton conduct, as
11a result of any injury arising from the administration of the
12medication or injection, regardless of whether authorization
13was given by a parent or guardian of the child or by the
14child's physician, physician assistant, or advanced practice
15registered nurse, and that the parent or guardian must also
16indemnify and hold harmless the after-school care program and
17its employees and agents against any claims, except a claim
18based on willful and wanton conduct, arising out of the
19administration of the medication or injection, regardless of
20whether authorization was given by the child's parent or
21guardian or by the child's physician, physician assistant, or
22advanced practice registered nurse.
23    (h) If after-school care program personnel administer an
24undesignated epinephrine injection to a person and the
25after-school care program personnel believe in good faith the
26person is having an anaphylactic reaction or administer

 

 

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1undesignated asthma medication to a person and believe in good
2faith the person is experiencing respiratory distress, then
3the after-school care program, its employees and agents, and
4any physician, physician assistant, or advanced practice
5registered nurse, acting in accordance with standard protocols
6and the prescription for the injection or medication, shall
7not, except for willful and wanton conduct, incur any
8liability or be subject to professional discipline as a result
9of any injury arising from the use of the injection or
10medication, notwithstanding whether notice was given to or
11authorization was given by the child's parent or guardian or
12by the child's physician, physician assistant, or advanced
13practice registered nurse and notwithstanding the absence of
14the parent's or guardian's signed statement acknowledging
15release from liability.
16(Source: P.A. 94-670, eff. 8-23-05.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.