Rep. Michelle Mussman
Filed: 3/17/2014
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1 | AMENDMENT TO HOUSE BILL 5892
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2 | AMENDMENT NO. ______. Amend House Bill 5892 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 22-30 as follows:
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6 | (105 ILCS 5/22-30)
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7 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
8 | medication and epinephrine auto-injectors; administration of | ||||||
9 | undesignated epinephrine auto-injectors school nurse | ||||||
10 | administration .
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11 | (a) For the purpose of this Section only, the following | ||||||
12 | terms shall have the meanings set forth below In this Section :
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13 | "Asthma inhaler" means a quick reliever asthma inhaler. | ||||||
14 | "Epinephrine auto-injector" means a single-use device used | ||||||
15 | for the automatic injection of a pre-measured dose of | ||||||
16 | epinephrine into the human body medical device for immediate |
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1 | self-administration by a person at risk of anaphylaxis .
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2 | " Asthma medication Medication " means a medicine, | ||||||
3 | prescribed by (i) a physician
licensed to practice medicine in | ||||||
4 | all its branches,
(ii) a physician assistant who has been | ||||||
5 | delegated the authority to prescribe
asthma
medications by his | ||||||
6 | or her supervising physician, or (iii) an advanced practice
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7 | registered nurse who has a written
collaborative agreement with | ||||||
8 | a collaborating physician that delegates the
authority
to | ||||||
9 | prescribe asthma medications,
for a pupil that pertains to the | ||||||
10 | pupil's
asthma and that has an individual prescription label.
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11 | "School nurse" means a registered nurse working in a school | ||||||
12 | with or without licensure endorsed in school nursing. | ||||||
13 | "Self-administration" means a pupil's discretionary use of | ||||||
14 | and ability to carry his or
her prescribed asthma medication or | ||||||
15 | epinephrine auto-injector .
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16 | "Self-carry" means a pupil's ability to carry his or her | ||||||
17 | prescribed asthma medication or epinephrine auto-injector. | ||||||
18 | "Trained personnel" means any school employee or volunteer | ||||||
19 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
20 | 10-22.34b of this Code who has completed training under | ||||||
21 | subsection (g) of this Section to recognize and respond to | ||||||
22 | anaphylaxis. | ||||||
23 | "Undesignated epinephrine auto-injector" means an | ||||||
24 | epinephrine auto-injector prescribed in the name of a school | ||||||
25 | district, public school, or nonpublic school. | ||||||
26 | (b) A school, whether public or nonpublic, must permit the
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1 | self-administration and self-carry of asthma
medication by a | ||||||
2 | pupil with asthma or the self-administration and self-carry use | ||||||
3 | of an epinephrine auto-injector by a pupil, provided that:
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4 | (1) the parents or
guardians of the pupil provide to | ||||||
5 | the school (i) written
authorization from the parents or | ||||||
6 | guardians for (A) the self-administration and self-carry | ||||||
7 | of asthma medication or (B) the self-carry of asthma | ||||||
8 | medication or (ii) for (A) the self-administration and | ||||||
9 | self-carry of an epinephrine auto-injector or (B) the | ||||||
10 | self-carry use of an epinephrine auto-injector, written | ||||||
11 | authorization from the pupil's physician, physician | ||||||
12 | assistant, or advanced practice registered nurse; and
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13 | (2) the
parents or guardians of the pupil provide to | ||||||
14 | the school (i) the prescription label, which must contain | ||||||
15 | the name of the asthma medication, the prescribed dosage, | ||||||
16 | and the time at which or circumstances under which the | ||||||
17 | asthma medication is to be administered, or (ii) for the | ||||||
18 | self-administration or self-carry use of an epinephrine | ||||||
19 | auto-injector, a
written
statement from the pupil's | ||||||
20 | physician, physician assistant, or advanced practice
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21 | registered nurse containing
the following information:
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22 | (A) the name and purpose of the epinephrine | ||||||
23 | auto-injector;
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24 | (B) the prescribed dosage; and
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25 | (C) the time or times at which or the special | ||||||
26 | circumstances
under which the epinephrine |
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1 | auto-injector is to be administered.
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2 | The information provided shall be kept on file in the office of | ||||||
3 | the school
nurse or,
in the absence of a school nurse, the | ||||||
4 | school's administrator.
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5 | (b-5) A school district , public school, or nonpublic school | ||||||
6 | may authorize the provision of an epinephrine auto-injector to | ||||||
7 | a student or any personnel authorized under a student's | ||||||
8 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
9 | Emergency Action Plan and Treatment Authorization Form, or plan | ||||||
10 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
11 | 1973 to administer an epinephrine auto-injector to the student, | ||||||
12 | that meets the student's prescription on file. | ||||||
13 | (b-10) The school district , public school, or nonpublic | ||||||
14 | school may authorize a school nurse or trained personnel to do | ||||||
15 | the following: (i) provide an undesignated epinephrine | ||||||
16 | auto-injector to a student for self-administration only or any | ||||||
17 | personnel authorized under a student's Individual Health Care | ||||||
18 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
19 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
20 | of the federal Rehabilitation Act of 1973 to administer an | ||||||
21 | epinephrine auto-injector to the student, that meets the | ||||||
22 | student's prescription on file; (ii) administer an | ||||||
23 | undesignated epinephrine auto-injector that meets the | ||||||
24 | prescription on file to any student who has an Individual | ||||||
25 | Health Care Action Plan, Illinois Food Allergy Emergency Action | ||||||
26 | Plan and Treatment Authorization Form, or plan pursuant to |
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1 | Section 504 of the federal Rehabilitation Act of 1973 that | ||||||
2 | authorizes the use of an epinephrine Epinephrine | ||||||
3 | auto-injector; and (iii) administer an undesignated | ||||||
4 | epinephrine auto-injector to any person student that the school | ||||||
5 | nurse or trained personnel in good faith professionally | ||||||
6 | believes is having an anaphylactic reaction. | ||||||
7 | (c) The school district , public school, or nonpublic school | ||||||
8 | must inform the parents or
guardians of the
pupil, in writing, | ||||||
9 | that the school district , public school, or nonpublic school | ||||||
10 | and its
employees and
agents, including a physician providing | ||||||
11 | standing protocol or prescription for school epinephrine | ||||||
12 | auto-injectors,
are to incur no liability or professional | ||||||
13 | discipline , except for willful and wanton conduct, as a result
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14 | of any injury arising from the
self-administration of asthma | ||||||
15 | medication or the self-administration use of an epinephrine | ||||||
16 | auto-injector regardless of whether authorization was given by | ||||||
17 | the pupil's parents or guardians or by the pupil's physician, | ||||||
18 | physician physician's assistant, or advanced practice | ||||||
19 | registered nurse. The parents or guardians
of the pupil must | ||||||
20 | sign a statement acknowledging that the school district , public | ||||||
21 | school,
or nonpublic school and its employees and agents are to | ||||||
22 | incur no liability, except for willful and wanton
conduct, as a | ||||||
23 | result of any injury arising
from the
self-administration of | ||||||
24 | asthma medication or the self-administration use of an | ||||||
25 | epinephrine auto-injector regardless of whether authorization | ||||||
26 | was given by the pupil's parents or guardians or by the pupil's |
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1 | physician, physician physician's assistant, or advanced | ||||||
2 | practice registered nurse and that the parents or
guardians | ||||||
3 | must indemnify and hold harmless the school district , public | ||||||
4 | school, or nonpublic
school and
its
employees and agents | ||||||
5 | against any claims, except a claim based on willful and
wanton | ||||||
6 | conduct, arising out of the
self-administration of asthma | ||||||
7 | medication or the self-administration use of an epinephrine | ||||||
8 | auto-injector regardless of whether authorization was given by | ||||||
9 | the pupil's parents or guardians or by the pupil's physician, | ||||||
10 | physician physician's assistant, or advanced practice | ||||||
11 | registered nurse. | ||||||
12 | (c-5) Upon the effective date of this amendatory Act of the | ||||||
13 | 98th General Assembly, when When a school nurse or trained | ||||||
14 | personnel administers an undesignated epinephrine | ||||||
15 | auto-injector to a person student whom the school nurse or | ||||||
16 | trained personnel in good faith professionally believes is | ||||||
17 | having an anaphylactic reaction, notwithstanding the lack of | ||||||
18 | notice to the parents or guardians of the pupil or the absence | ||||||
19 | of the parents or guardians signed statement acknowledging no | ||||||
20 | liability, except for willful and wanton conduct, the school | ||||||
21 | district , public school, or nonpublic school and its employees | ||||||
22 | and agents, and including a physician , a physician assistant, | ||||||
23 | or an advanced practice nurse providing standing protocol or | ||||||
24 | prescription for undesignated school epinephrine | ||||||
25 | auto-injectors, are to incur no liability or professional | ||||||
26 | discipline , except for willful and wanton conduct, as a result |
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1 | of any injury arising from the use of an undesignated | ||||||
2 | epinephrine auto-injector regardless of whether authorization | ||||||
3 | was given by the pupil's parents or guardians or by the pupil's | ||||||
4 | physician, physician physician's assistant, or advanced | ||||||
5 | practice registered nurse.
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6 | (d) The permission for self-administration and self-carry | ||||||
7 | of asthma medication or the self-administration and self-carry | ||||||
8 | use of an epinephrine auto-injector is effective
for the school | ||||||
9 | year for which it is granted and shall be renewed each
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10 | subsequent school year upon fulfillment of the requirements of | ||||||
11 | this
Section.
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12 | (e) Provided that the requirements of this Section are | ||||||
13 | fulfilled, a
pupil with asthma may self-administer and | ||||||
14 | self-carry possess and use his or her asthma medication or a | ||||||
15 | pupil may self-administer and self-carry possess and use an | ||||||
16 | epinephrine auto-injector (i) while in
school, (ii) while at a | ||||||
17 | school-sponsored activity, (iii) while under the
supervision | ||||||
18 | of
school personnel, or (iv) before or after normal school | ||||||
19 | activities, such
as while in before-school or after-school care | ||||||
20 | on school-operated
property.
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21 | (e-5) Provided that the requirements of this Section are | ||||||
22 | fulfilled, a school nurse or trained personnel may administer | ||||||
23 | an undesignated epinephrine auto-injector to any person whom | ||||||
24 | the school nurse or trained personnel in good faith believes to | ||||||
25 | be having an anaphylactic reaction (i) while in school, (ii) | ||||||
26 | while at a school-sponsored activity, (iii) while under the |
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1 | supervision of school personnel, or (iv) before or after normal | ||||||
2 | school activities, such
as while in before-school or | ||||||
3 | after-school care on school-operated property. A school nurse | ||||||
4 | or trained personnel may carry undesignated epinephrine | ||||||
5 | auto-injectors on his or her person while in school or at a | ||||||
6 | school-sponsored activity. | ||||||
7 | (f) The school district , public school, or nonpublic school | ||||||
8 | may maintain at a school in a locked, secure location a supply | ||||||
9 | of undesignated epinephrine auto-injectors in any secure | ||||||
10 | location where an allergic person is most at risk, including, | ||||||
11 | but not limited to, classrooms and lunchrooms . A physician , a | ||||||
12 | physician assistant who has been delegated prescriptive | ||||||
13 | authority in accordance with Section 7.5 of the Physician | ||||||
14 | Assistant Act of 1987, or an advanced practice registered nurse | ||||||
15 | who has been delegated prescriptive authority in accordance | ||||||
16 | with Section 65-40 of the Nurse Practice Act may prescribe | ||||||
17 | undesignated epinephrine auto-injectors in the name of the | ||||||
18 | school district , public school, or nonpublic school to be | ||||||
19 | maintained for use when necessary. Any supply of epinephrine | ||||||
20 | auto-injectors shall be maintained in accordance with the | ||||||
21 | manufacturer's instructions. The school district or nonpublic | ||||||
22 | school supply of epinephrine auto-injectors may be provided to | ||||||
23 | and utilized by any student authorized to self-administer that | ||||||
24 | meets the prescription on file or by any personnel authorized | ||||||
25 | under a student's Individual Health Care Action Plan, Illinois | ||||||
26 | Food Allergy Emergency Action Plan and Treatment Authorization |
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1 | Form, or plan pursuant to Section 504 of the federal | ||||||
2 | Rehabilitation Act of 1973 to administer an epinephrine | ||||||
3 | auto-injector to the student, that meets the prescription on | ||||||
4 | file. When a student does not have an epinephrine auto-injector | ||||||
5 | or a prescription for an epinephrine auto-injector on file, the | ||||||
6 | school nurse may utilize the school district or nonpublic | ||||||
7 | school supply of epinephrine auto-injectors to respond to | ||||||
8 | anaphylactic reaction, under a standing protocol from a | ||||||
9 | physician licensed to practice medicine in all its branches and | ||||||
10 | the requirements of this Section. | ||||||
11 | (f-5) Upon any administration of an epinephrine | ||||||
12 | auto-injector, a school district, public school, or nonpublic | ||||||
13 | school must immediately activate the EMS system and notify the | ||||||
14 | student's parent, guardian, or emergency contact, if known. | ||||||
15 | (f-10) Within 24 hours of the administration of an | ||||||
16 | undesignated epinephrine auto-injector, a school district, | ||||||
17 | public school, or nonpublic school must notify the physician, | ||||||
18 | physician assistant, or advance practice nurse who provided the | ||||||
19 | standing order or prescription for the undesignated | ||||||
20 | epinephrine auto-injector of its use. | ||||||
21 | (g) Prior to the administration of an undesignated | ||||||
22 | epinephrine auto-injector, trained personnel must submit to | ||||||
23 | his or her school's administration proof of completion of a | ||||||
24 | training curriculum to recognize and respond to anaphylaxis | ||||||
25 | that meets the requirements of subsection (h) of this Section. | ||||||
26 | Training must be completed annually. Trained personnel must |
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1 | also submit to his or her school's administration proof of | ||||||
2 | cardiopulmonary resuscitation and automated external | ||||||
3 | defibrillator certification. | ||||||
4 | (h) A training curriculum to recognize and respond to | ||||||
5 | anaphylaxis, including the administration of an undesignated | ||||||
6 | epinephrine auto-injector, may be conducted online or in | ||||||
7 | person. It must include, but is not limited to: | ||||||
8 | (1) how to recognize symptoms of an allergic reaction; | ||||||
9 | (2) a review of high-risk areas; | ||||||
10 | (3) steps to take to prevent exposure to allergens; | ||||||
11 | (4) how to respond to an emergency involving an | ||||||
12 | allergic reaction; | ||||||
13 | (5) how to administer an epinephrine auto-injector; | ||||||
14 | (6) how to respond to a student with a known allergy as | ||||||
15 | well as a student with a previously unknown allergy; | ||||||
16 | (7) a test demonstrating competency of the knowledge | ||||||
17 | required to recognize anaphylaxis and administer an | ||||||
18 | epinephrine auto-injector; and | ||||||
19 | (8) other criteria as determined in rules adopted | ||||||
20 | pursuant to this Section. | ||||||
21 | In consultation with statewide professional organizations | ||||||
22 | representing physicians licensed to practice medicine in all of | ||||||
23 | its branches, registered nurses, and school nurses, the Board | ||||||
24 | shall make available resource materials consistent with | ||||||
25 | criteria in this subsection (h) for educating trained personnel | ||||||
26 | to recognize and respond to anaphylaxis. The Board may take |
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1 | into consideration the curriculum on this subject developed by | ||||||
2 | other states, as well as any other curricular materials | ||||||
3 | suggested by medical experts and other groups that work on | ||||||
4 | life-threatening allergy issues. The Board is not required to | ||||||
5 | create new resource materials. The Board shall make these | ||||||
6 | resource materials available on its Internet website. | ||||||
7 | (i) Within 3 days after the administration of an | ||||||
8 | undesignated epinephrine auto-injector by a school nurse, | ||||||
9 | trained personnel, or a student at a school or school-sponsored | ||||||
10 | activity, the school must report to the Board in a form and | ||||||
11 | manner prescribed by the Board the following information: | ||||||
12 | (1) age and type of person receiving epinephrine | ||||||
13 | (student, staff, visitor); | ||||||
14 | (2) any previously known diagnosis of a severe allergy; | ||||||
15 | (3) trigger that precipitated allergic episode; | ||||||
16 | (4) location where symptoms developed; | ||||||
17 | (5) number of doses administered; | ||||||
18 | (6) type of person administering epinephrine (school | ||||||
19 | nurse, trained personnel, student); and | ||||||
20 | (7) any other information required by the Board. | ||||||
21 | (j) By October 1, 2015 and every year thereafter, the Board | ||||||
22 | shall submit a report to the General Assembly identifying the | ||||||
23 | frequency and circumstances of epinephrine administration | ||||||
24 | during the preceding academic year. This report shall be | ||||||
25 | published on the Board's Internet website on the date the | ||||||
26 | report is delivered to the General Assembly. |
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1 | (k) The Board may adopt rules necessary to implement this | ||||||
2 | Section. | ||||||
3 | (l) A school district, public school, or nonpublic school | ||||||
4 | may not use the administration of medications by volunteers to | ||||||
5 | reduce the number of school nurses in a school or school | ||||||
6 | district. | ||||||
7 | (Source: P.A. 96-1460, eff. 8-20-10; 97-361, eff. 8-15-11.)
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8 | Section 99. Effective date. This Act takes effect August 1, | ||||||
9 | 2014.".
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