Rep. Jonathan Carroll
Filed: 4/15/2021
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1 | AMENDMENT TO HOUSE BILL 102
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2 | AMENDMENT NO. ______. Amend House Bill 102 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Childhood Anaphylactic Policy Act. | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Department" means the Department of Public Health. | ||||||
8 | "State Board" means the State Board of Education. | ||||||
9 | Section 10. Anaphylactic policy for school districts and | ||||||
10 | day care centers. | ||||||
11 | (a) The Department, in consultation with the State Board, | ||||||
12 | shall establish an anaphylactic policy for school districts | ||||||
13 | setting forth guidelines and procedures to be followed both | ||||||
14 | for the prevention of anaphylaxis and during a medical | ||||||
15 | emergency resulting from anaphylaxis. The policy shall be |
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1 | developed after consultation with representatives of pediatric | ||||||
2 | physicians, school nurses, other health care providers with | ||||||
3 | expertise in treating children with anaphylaxis, parents of | ||||||
4 | children with life threatening allergies, school | ||||||
5 | administrators, teachers, school food service directors, and | ||||||
6 | appropriate not-for-profit corporations representing allergic | ||||||
7 | individuals at risk for anaphylaxis. | ||||||
8 | (b) The Department, in consultation with the Department of | ||||||
9 | Children and Family Services, shall establish an anaphylactic | ||||||
10 | policy for day care centers 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 representatives of pediatric physicians and other health | ||||||
15 | care providers with expertise in treating children with | ||||||
16 | anaphylaxis, parents of children with life threatening | ||||||
17 | allergies, day care administrators and personnel, and | ||||||
18 | appropriate not-for-profit corporations representing allergic | ||||||
19 | individuals at risk for anaphylaxis. The Department, in | ||||||
20 | consultation with the Department of Children and Family | ||||||
21 | Services, shall create informational materials detailing the | ||||||
22 | anaphylactic policy to be distributed to day care centers. | ||||||
23 | (c) In establishing policies under this Section, the | ||||||
24 | Department shall consider existing requirements and current | ||||||
25 | and best practices for schools and day care centers regarding | ||||||
26 | allergies and anaphylaxis. The Department shall also consider |
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1 | the voluntary guidelines for managing food allergies in | ||||||
2 | schools and early care and education programs issued by the | ||||||
3 | United States Department of Health and Human Services, to the | ||||||
4 | extent appropriate for the setting. | ||||||
5 | (d) The Department shall create informational materials | ||||||
6 | detailing the anaphylactic policies under this Section and | ||||||
7 | distribute them to the school boards of school districts, | ||||||
8 | charter schools, and day care centers. The Department shall | ||||||
9 | make the materials available on the Department's website. | ||||||
10 | Section 15. Policy requirements. The anaphylactic policies | ||||||
11 | established under Section 10 of this Act shall include the | ||||||
12 | following: | ||||||
13 | (1) A procedure and treatment plan, including | ||||||
14 | emergency protocols and responsibilities for school nurses | ||||||
15 | and other appropriate school and day care personnel, for | ||||||
16 | responding to anaphylaxis. | ||||||
17 | (2) A training course for appropriate school and day | ||||||
18 | care personnel on preventing and responding to | ||||||
19 | anaphylaxis. The Department shall, in consultation with | ||||||
20 | the Department of Children and Family Services and the | ||||||
21 | State Board, consider existing training programs for | ||||||
22 | responding to anaphylaxis in order to avoid duplicative | ||||||
23 | training requirements. A preexisting program shall fulfill | ||||||
24 | the requirement for a training course pursuant to this | ||||||
25 | paragraph if the standards of the preexisting program are |
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1 | deemed by the Department to be at least as stringent as the | ||||||
2 | standards adopted by the Department in the development of | ||||||
3 | the training course by the State. | ||||||
4 | (3) A procedure and appropriate guidelines for the | ||||||
5 | development of an individualized emergency health care | ||||||
6 | plan for children with a food or other allergy that could | ||||||
7 | result in anaphylaxis. | ||||||
8 | (4) A communication plan for intake and dissemination | ||||||
9 | of information provided by the State regarding children | ||||||
10 | with a food or other allergy that could result in | ||||||
11 | anaphylaxis, including a discussion of methods, | ||||||
12 | treatments, and therapies to reduce the risk of allergic | ||||||
13 | reactions, including anaphylaxis. | ||||||
14 | (5) Strategies for reducing the risk of exposure to | ||||||
15 | anaphylactic causative agents, including food and other | ||||||
16 | allergens. | ||||||
17 | (6) A communication plan for discussion with children | ||||||
18 | that have developed adequate verbal communication and | ||||||
19 | comprehension skills and with the parents or guardians of | ||||||
20 | all children about foods that are safe and unsafe and | ||||||
21 | about strategies to avoid exposure to unsafe food. | ||||||
22 | Section 20. Notification. At least once each calendar | ||||||
23 | year, schools and day care centers shall send a notification | ||||||
24 | to the parents or guardians of all children under the care of | ||||||
25 | the schools or day care centers to make them aware of the |
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1 | anaphylactic policies, as developed by the Department. For | ||||||
2 | children under the care of day care centers, the notification | ||||||
3 | shall be provided by the day care center when the child is | ||||||
4 | enrolled and annually thereafter. The notification shall | ||||||
5 | include contact information for parents and guardians to | ||||||
6 | engage further with the school or day care center to learn more | ||||||
7 | about individualized aspects of the policies. | ||||||
8 | Section 25. Forwarding; implementation. At least 6 months | ||||||
9 | after the effective date of this Act, the anaphylactic | ||||||
10 | policies established under Section 10 shall be jointly | ||||||
11 | forwarded by the Department and the State Board or the | ||||||
12 | Department of Children and Family Services, as appropriate, to | ||||||
13 | each school board of a school district, charter school, and | ||||||
14 | day care center in the State. Each such entity shall implement | ||||||
15 | or update, as appropriate, its anaphylactic policy in | ||||||
16 | accordance with those developed by the State within 6 months | ||||||
17 | after receiving the anaphylactic policies. | ||||||
18 | Section 30. Updating anaphylactic policies. The | ||||||
19 | anaphylactic policies established under Section 10 shall be | ||||||
20 | updated at least once every 3 years or more frequently if the | ||||||
21 | Department determines it to be necessary or desirable for the | ||||||
22 | protection of children with a food allergy or other allergy | ||||||
23 | that could result in anaphylaxis. |
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1 | Section 35. The Child Care Act of 1969 is amended by adding | ||||||
2 | Section 5.11 as follows: | ||||||
3 | (225 ILCS 10/5.11 new) | ||||||
4 | Sec. 5.11. Plan for anaphylactic shock. The Department | ||||||
5 | shall require each licensed day care center, day care home, | ||||||
6 | and group day care home to have a plan for anaphylactic shock | ||||||
7 | to be followed for the prevention of anaphylaxis and during a | ||||||
8 | medical emergency resulting from anaphylaxis. The plan should | ||||||
9 | be based on the guidance and recommendations provided by the | ||||||
10 | American Academy of Pediatrics relating to the management of | ||||||
11 | food allergies or other allergies. The plan should be shared | ||||||
12 | with parents or guardians upon enrollment at each licensed day | ||||||
13 | care center, day care home, and group day care home. If a child | ||||||
14 | requires specific specialized treatment during an episode of | ||||||
15 | anaphylaxis, that child's treatment plan should be kept by the | ||||||
16 | staff of the day care center, day care home, or group day care | ||||||
17 | home and followed in the event of an emergency. Each licensed | ||||||
18 | day care center, day care home, and group day care home shall | ||||||
19 | have at least one staff member present at all times who has | ||||||
20 | taken a training course in recognizing and responding to | ||||||
21 | anaphylaxis.
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22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2021.".
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