Sen. Chris Nybo

Filed: 3/17/2016

 

 


 

 


 
09900SB2878sam002LRB099 20707 AWJ 46286 a

1
AMENDMENT TO SENATE BILL 2878

2    AMENDMENT NO. ______. Amend Senate Bill 2878, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Epinephrine Auto-Injector Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Administer" means to directly apply an epinephrine
9auto-injector to the body of an individual.
10    "Authorized entity" means any entity or organization,
11other than a school covered under Section 22-30 of the School
12Code, in connection with or at which allergens capable of
13causing anaphylaxis may be present, including, but not limited
14to, independent contractors who provide student transportation
15to schools, recreation camps, colleges and universities, day
16care facilities, youth sports leagues, amusement parks,

 

 

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1restaurants, sports arenas, and places of employment. The
2Department shall, by rule, determine what constitutes a day
3care facility under this definition.
4    "Department" means the Department of Public Health.
5    "Epinephrine auto-injector" means a single-use device used
6for the automatic injection of a pre-measured dose of
7epinephrine into the human body.
8    "Health care practitioner" means a physician licensed to
9practice medicine in all its branches under the Medical
10Practice Act of 1987, a physician assistant under the Physician
11Assistant Practice Act of 1987 with prescriptive authority, or
12an advanced practice nurse with prescribing authority under
13Article 65 of the Nurse Practice Act.
14    "Pharmacist" has the meaning given to that term under
15subsection (k-5) of Section 3 of the Pharmacy Practice Act.
16    "Undesignated epinephrine auto-injector" means an
17epinephrine auto-injector prescribed in the name of an
18authorized entity.
 
19    Section 10. Prescription to authorized entity; use;
20training.
21    (a) A health care practitioner may prescribe epinephrine
22auto-injectors in the name of an authorized entity for use in
23accordance with this Act, and pharmacists and health care
24practitioners may dispense epinephrine auto-injectors pursuant
25to a prescription issued in the name of an authorized entity.

 

 

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1Such prescriptions shall be valid for a period of 2 years.
2    (b) An authorized entity may acquire and stock a supply of
3undesignated epinephrine auto-injectors pursuant to a
4prescription issued under subsection (a) of this Section. Such
5undesignated epinephrine auto-injectors shall be stored in a
6location readily accessible in an emergency and in accordance
7with the instructions for use of the epinephrine
8auto-injectors. The Department may establish any additional
9requirements an authorized entity must follow under this Act.
10    (c) An employee or agent of an authorized entity or other
11individual who has completed training under subsection (d) of
12this Section may:
13        (1) provide an epinephrine auto-injector to any
14    individual on the property of the authorized entity whom
15    the employee, agent, or other individual believes in good
16    faith is experiencing anaphylaxis, or to the parent,
17    guardian, or caregiver of such individual, for immediate
18    administration, regardless of whether the individual has a
19    prescription for an epinephrine auto-injector or has
20    previously been diagnosed with an allergy; or
21        (2) administer an epinephrine auto-injector to any
22    individual on the property of the authorized entity whom
23    the employee, agent, or other individual believes in good
24    faith is experiencing anaphylaxis, regardless of whether
25    the individual has a prescription for an epinephrine
26    auto-injector or has previously been diagnosed with an

 

 

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1    allergy.
2    (d) An employee, agent, or other individual authorized must
3complete an anaphylaxis training program before he or she is
4able to provide or administer an epinephrine auto-injector
5under this Section. Such training shall be valid for a period
6of 2 years and shall be conducted by a nationally recognized
7organization experienced in training laypersons in emergency
8health treatment or an entity or individual approved by the
9Department. The Department may approve specific entities or
10individuals or may approve classes of entities or individuals
11to conduct training.
12    Training shall include, but is not limited to:
13        (1) how to recognize signs and symptoms of an allergic
14    reaction, including anaphylaxis;
15        (2) how to administer an epinephrine auto-injector;
16    and
17        (3) a test demonstrating competency of the knowledge
18    required to recognize anaphylaxis and administer an
19    epinephrine auto-injector.
20    Training may also include, but is not limited to:
21        (A) a review of high-risk areas on the authorized
22    entity's property and its related facilities;
23        (B) steps to take to prevent exposure to allergens;
24        (C) emergency follow-up procedures; and
25        (D) other criteria as determined in rules adopted
26    pursuant to this Act.

 

 

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1    Training may be conducted either online or in person. The
2Department shall approve training programs and list permitted
3training programs on the Department's Internet website.
 
4    Section 15. Costs. Whichever entity initiates the process
5of obtaining undesignated epinephrine auto-injectors and
6providing training to personnel for carrying and administering
7undesignated epinephrine auto-injectors shall pay for the
8costs of the undesignated epinephrine auto-injectors.
 
9    Section 20. Limitations. The use of an undesignated
10epinephrine auto-injector in accordance with the requirements
11of this Act does not constitute the practice of medicine or any
12other profession that requires medical licensure.
13    Nothing in this Act shall limit the amount of epinephrine
14auto-injectors that an authorized entity or individual may
15carry or maintain a supply of.
 
16    Section 65. Rulemaking. The Department shall adopt any
17rules necessary to implement and administer this Act.
 
18    Section 70. The State Police Act is amended by adding
19Section 40 as follows:
 
20    (20 ILCS 2610/40 new)
21    Sec. 40. Training; administration of epinephrine.

 

 

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1    (a) This Section, along with Section 10.19 of the Illinois
2Police Training Act, may be referred to as the Annie LeGere
3Law.
4    (b) For the purposes of this Section, "epinephrine
5auto-injector" means a single-use device used for the automatic
6injection of a pre-measured dose of epinephrine into the human
7body prescribed in the name of the Department.
8    (c) The Department may conduct or approve a training
9program for State Police officers to recognize and respond to
10anaphylaxis including, but not limited to:
11        (1) how to recognize symptoms of an allergic reaction;
12        (2) how to respond to an emergency involving an
13    allergic reaction;
14        (3) how to administer an epinephrine auto-injector;
15        (4) how to respond to an individual with a known
16    allergy as well as an individual with a previously unknown
17    allergy;
18        (5) a test demonstrating competency of the knowledge
19    required to recognize anaphylaxis and administer an
20    epinephrine auto-injector; and
21        (6) other criteria as determined in rules adopted by
22    the Department.
23    (d) The Department may authorize a State Police officer who
24has completed the training program under subsection (c) to
25carry, administer, or assist with the administration of
26epinephrine auto-injectors whenever he or she is performing

 

 

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1official duties.
2    (e) The Department must establish a written policy to
3control the acquisition, storage, transportation,
4administration, and disposal of epinephrine auto-injectors
5before it allows any State Police officer to carry and
6administer epinephrine auto-injectors.
7    (f) A physician, physician's assistant with prescriptive
8authority, or advanced practice registered nurse with
9prescriptive authority may provide a standing protocol or
10prescription for epinephrine auto-injectors in the name of the
11Department to be maintained for use when necessary.
12    (g) When a State Police officer administers epinephrine
13auto-injector in good faith, the officer and the Department,
14and its employees and agents, incur no liability, except for
15willful and wanton conduct, as a result of any injury or death
16arising from the use of an epinephrine auto-injector.
 
17    Section 75. The Illinois Police Training Act is amended by
18adding Section 10.19 as follows:
 
19    (50 ILCS 705/10.19 new)
20    Sec. 10.19. Training; administration of epinephrine.
21    (a) This Section, along with Section 40 of the State Police
22Act, may be referred to as the Annie LeGere Law.
23    (b) For purposes of this Section, "epinephrine
24auto-injector" means a single-use device used for the automatic

 

 

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1injection of a pre-measured dose of epinephrine into the human
2body prescribed in the name of a local governmental agency.
3    (c) The Board shall conduct or approve an optional advanced
4training program for police officers to recognize and respond
5to anaphylaxis including the administration of an epinephrine
6auto-injector. The training must include, but is not limited
7to:
8        (1) how to recognize symptoms of an allergic reaction;
9        (2) how to respond to an emergency involving an
10    allergic reaction;
11        (3) how to administer an epinephrine auto-injector;
12        (4) how to respond to an individual with a known
13    allergy as well as an individual with a previously unknown
14    allergy;
15        (5) a test demonstrating competency of the knowledge
16    required to recognize anaphylaxis and administer an
17    epinephrine auto-injector; and
18        (6) other criteria as determined in rules adopted by
19    the Board.
20    (d) A local governmental agency may authorize a police
21officer who has completed an optional advanced training program
22under subsection (c) to carry, administer, or assist with the
23administration of epinephrine auto-injectors provided by the
24local governmental agency whenever he or she is performing
25official duties.
26    (e) A local governmental agency that authorizes its

 

 

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1officers to carry and administer epinephrine auto-injectors
2under subsection (d) must establish a policy to control the
3acquisition, storage, transportation, administration, and
4disposal of epinephrine auto-injectors and to provide
5continued training in the administration of epinephrine
6auto-injectors.
7    (f) A physician, physician's assistant with prescriptive
8authority, or advanced practice registered nurse with
9prescriptive authority may provide a standing protocol or
10prescription for epinephrine auto-injectors in the name of a
11local governmental agency to be maintained for use when
12necessary.
13    (g) When a police officer administers an epinephrine
14auto-injector in good faith, the police officer and local
15governmental agency, and its employees and agents, incur no
16liability, except for willful and wanton conduct, as a result
17of any injury or death arising from the use of an epinephrine
18auto-injector.
 
19    Section 80. The School Code is amended by changing Section
2022-30 as follows:
 
21    (105 ILCS 5/22-30)
22    Sec. 22-30. Self-administration and self-carry of asthma
23medication and epinephrine auto-injectors; administration of
24undesignated epinephrine auto-injectors; administration of an

 

 

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1opioid antagonist.
2    (a) For the purpose of this Section only, the following
3terms shall have the meanings set forth below:
4    "Asthma inhaler" means a quick reliever asthma inhaler.
5    "Epinephrine auto-injector" means a single-use device used
6for the automatic injection of a pre-measured dose of
7epinephrine into the human body.
8    "Asthma medication" means a medicine, prescribed by (i) a
9physician licensed to practice medicine in all its branches,
10(ii) a licensed physician assistant with prescriptive
11authority, or (iii) a licensed advanced practice nurse with
12prescriptive authority for a pupil that pertains to the pupil's
13asthma and that has an individual prescription label.
14    "Opioid antagonist" means a drug that binds to opioid
15receptors and blocks or inhibits the effect of opioids acting
16on those receptors, including, but not limited to, naloxone
17hydrochloride or any other similarly acting drug approved by
18the U.S. Food and Drug Administration.
19    "School nurse" means a registered nurse working in a school
20with or without licensure endorsed in school nursing.
21    "Self-administration" means a pupil's discretionary use of
22his or her prescribed asthma medication or epinephrine
23auto-injector.
24    "Self-carry" means a pupil's ability to carry his or her
25prescribed asthma medication or epinephrine auto-injector.
26    "Standing protocol" may be issued by (i) a physician

 

 

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1licensed to practice medicine in all its branches, (ii) a
2licensed physician assistant with prescriptive authority, or
3(iii) a licensed advanced practice nurse with prescriptive
4authority.
5    "Trained personnel" means any school employee or volunteer
6personnel authorized in Sections 10-22.34, 10-22.34a, and
710-22.34b of this Code who has completed training under
8subsection (g) of this Section to recognize and respond to
9anaphylaxis.
10    "Undesignated epinephrine auto-injector" means an
11epinephrine auto-injector prescribed in the name of a school
12district, public school, or nonpublic school.
13    (b) A school, whether public or nonpublic, must permit the
14self-administration and self-carry of asthma medication by a
15pupil with asthma or the self-administration and self-carry of
16an epinephrine auto-injector by a pupil, provided that:
17        (1) the parents or guardians of the pupil provide to
18    the school (i) written authorization from the parents or
19    guardians for (A) the self-administration and self-carry
20    of asthma medication or (B) the self-carry of asthma
21    medication or (ii) for (A) the self-administration and
22    self-carry of an epinephrine auto-injector or (B) the
23    self-carry of an epinephrine auto-injector, written
24    authorization from the pupil's physician, physician
25    assistant, or advanced practice nurse; and
26        (2) the parents or guardians of the pupil provide to

 

 

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1    the school (i) the prescription label, which must contain
2    the name of the asthma medication, the prescribed dosage,
3    and the time at which or circumstances under which the
4    asthma medication is to be administered, or (ii) for the
5    self-administration or self-carry of an epinephrine
6    auto-injector, a written statement from the pupil's
7    physician, physician assistant, or advanced practice nurse
8    containing the following information:
9            (A) the name and purpose of the epinephrine
10        auto-injector;
11            (B) the prescribed dosage; and
12            (C) the time or times at which or the special
13        circumstances under which the epinephrine
14        auto-injector is to be administered.
15The information provided shall be kept on file in the office of
16the school nurse or, in the absence of a school nurse, the
17school's administrator.
18    (b-5) A school district, public school, or nonpublic school
19may authorize the provision of a student-specific or
20undesignated epinephrine auto-injector to a student or any
21personnel authorized under a student's Individual Health Care
22Action Plan, Illinois Food Allergy Emergency Action Plan and
23Treatment Authorization Form, or plan pursuant to Section 504
24of the federal Rehabilitation Act of 1973 to administer an
25epinephrine auto-injector to the student, that meets the
26student's prescription on file.

 

 

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1    (b-10) The school district, public school, or nonpublic
2school may authorize a school nurse or trained personnel to do
3the following: (i) provide an undesignated epinephrine
4auto-injector to a student for self-administration only or any
5personnel authorized under a student's Individual Health Care
6Action Plan, Illinois Food Allergy Emergency Action Plan and
7Treatment Authorization Form, or plan pursuant to Section 504
8of the federal Rehabilitation Act of 1973 to administer to the
9student, that meets the student's prescription on file; (ii)
10administer an undesignated epinephrine auto-injector that
11meets the prescription on file to any student who has an
12Individual Health Care Action Plan, Illinois Food Allergy
13Emergency Action Plan and Treatment Authorization Form, or plan
14pursuant to Section 504 of the federal Rehabilitation Act of
151973 that authorizes the use of an epinephrine auto-injector;
16(iii) administer an undesignated epinephrine auto-injector to
17any person that the school nurse or trained personnel in good
18faith believes is having an anaphylactic reaction; and (iv)
19administer an opioid antagonist to any person that the school
20nurse or trained personnel in good faith believes is having an
21opioid overdose.
22    (c) The school district, public school, or nonpublic school
23must inform the parents or guardians of the pupil, in writing,
24that the school district, public school, or nonpublic school
25and its employees and agents, including a physician, physician
26assistant, or advanced practice nurse providing standing

 

 

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1protocol or prescription for school epinephrine
2auto-injectors, are to incur no liability or professional
3discipline, except for willful and wanton conduct, as a result
4of any injury arising from the administration of asthma
5medication, an epinephrine auto-injector, or an opioid
6antagonist regardless of whether authorization was given by the
7pupil's parents or guardians or by the pupil's physician,
8physician assistant, or advanced practice nurse. The parents or
9guardians of the pupil must sign a statement acknowledging that
10the school district, public school, or nonpublic school and its
11employees and agents are to incur no liability, except for
12willful and wanton conduct, as a result of any injury arising
13from the administration of asthma medication, an epinephrine
14auto-injector, or an opioid antagonist regardless of whether
15authorization was given by the pupil's parents or guardians or
16by the pupil's physician, physician assistant, or advanced
17practice nurse and that the parents or guardians must indemnify
18and hold harmless the school district, public school, or
19nonpublic school and its employees and agents against any
20claims, except a claim based on willful and wanton conduct,
21arising out of the administration of asthma medication, an
22epinephrine auto-injector, or an opioid antagonist regardless
23of whether authorization was given by the pupil's parents or
24guardians or by the pupil's physician, physician assistant, or
25advanced practice nurse.
26    (c-5) When a school nurse or trained personnel administers

 

 

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1an undesignated epinephrine auto-injector to a person whom the
2school nurse or trained personnel in good faith believes is
3having an anaphylactic reaction, or administers an opioid
4antagonist to a person whom the school nurse or trained
5personnel in good faith believes is having an opioid overdose,
6notwithstanding the lack of notice to the parents or guardians
7of the pupil or the absence of the parents or guardians signed
8statement acknowledging no liability, except for willful and
9wanton conduct, the school district, public school, or
10nonpublic school and its employees and agents, and a physician,
11a physician assistant, or an advanced practice nurse providing
12standing protocol or prescription for undesignated epinephrine
13auto-injectors, are to incur no liability or professional
14discipline, except for willful and wanton conduct, as a result
15of any injury arising from the use of an undesignated
16epinephrine auto-injector or the use of an opioid antagonist
17regardless of whether authorization was given by the pupil's
18parents or guardians or by the pupil's physician, physician
19assistant, or advanced practice nurse.
20    (d) The permission for self-administration and self-carry
21of asthma medication or the self-administration and self-carry
22of an epinephrine auto-injector is effective for the school
23year for which it is granted and shall be renewed each
24subsequent school year upon fulfillment of the requirements of
25this Section.
26    (e) Provided that the requirements of this Section are

 

 

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1fulfilled, a pupil with asthma may self-administer and
2self-carry his or her asthma medication or a pupil may
3self-administer and self-carry an epinephrine auto-injector
4(i) while in school, (ii) while at a school-sponsored activity,
5(iii) while under the supervision of school personnel, or (iv)
6before or after normal school activities, such as while in
7before-school or after-school care on school-operated property
8or while being transported on a school bus.
9    (e-5) Provided that the requirements of this Section are
10fulfilled, a school nurse or trained personnel may administer
11an undesignated epinephrine auto-injector to any person whom
12the school nurse or trained personnel in good faith believes to
13be having an anaphylactic reaction (i) while in school, (ii)
14while at a school-sponsored activity, (iii) while under the
15supervision of school personnel, or (iv) before or after normal
16school activities, such as while in before-school or
17after-school care on school-operated property or while being
18transported on a school bus. A school nurse or trained
19personnel may carry undesignated epinephrine auto-injectors on
20his or her person while in school or at a school-sponsored
21activity.
22    (e-10) Provided that the requirements of this Section are
23fulfilled, a school nurse or trained personnel may administer
24an opioid antagonist to any person whom the school nurse or
25trained personnel in good faith believes to be having an opioid
26overdose (i) while in school, (ii) while at a school-sponsored

 

 

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1activity, (iii) while under the supervision of school
2personnel, or (iv) before or after normal school activities,
3such as while in before-school or after-school care on
4school-operated property. A school nurse or trained personnel
5may carry an opioid antagonist on their person while in school
6or at a school-sponsored activity.
7    (f) The school district, public school, or nonpublic school
8may maintain a supply of undesignated epinephrine
9auto-injectors in any secure location that is accessible
10before, during, and after school where an allergic person is
11most at risk, including, but not limited to, classrooms and
12lunchrooms. A physician, a physician assistant who has been
13delegated prescriptive authority in accordance with Section
147.5 of the Physician Assistant Practice Act of 1987, or an
15advanced practice nurse who has been delegated prescriptive
16authority in accordance with Section 65-40 of the Nurse
17Practice Act may prescribe undesignated epinephrine
18auto-injectors in the name of the school district, public
19school, or nonpublic school to be maintained for use when
20necessary. Any supply of epinephrine auto-injectors shall be
21maintained in accordance with the manufacturer's instructions.
22    The school district, public school, or nonpublic school may
23maintain a supply of an opioid antagonist in any secure
24location where an individual may have an opioid overdose. A
25health care professional who has been delegated prescriptive
26authority for opioid antagonists in accordance with Section

 

 

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15-23 of the Alcoholism and Other Drug Abuse and Dependency Act
2may prescribe opioid antagonists in the name of the school
3district, public school, or nonpublic school, to be maintained
4for use when necessary. Any supply of opioid antagonists shall
5be maintained in accordance with the manufacturer's
6instructions.
7    (f-3) Whichever entity initiates the process of obtaining
8undesignated epinephrine auto-injectors and providing training
9to personnel for carrying and administering undesignated
10epinephrine auto-injectors shall pay for the costs of the
11undesignated epinephrine auto-injectors.
12    (f-5) Upon any administration of an epinephrine
13auto-injector, a school district, public school, or nonpublic
14school must immediately activate the EMS system and notify the
15student's parent, guardian, or emergency contact, if known.
16    Upon any administration of an opioid antagonist, a school
17district, public school, or nonpublic school must immediately
18activate the EMS system and notify the student's parent,
19guardian, or emergency contact, if known.
20    (f-10) Within 24 hours of the administration of an
21undesignated epinephrine auto-injector, a school district,
22public school, or nonpublic school must notify the physician,
23physician assistant, or advanced advance practice nurse who
24provided the standing protocol or prescription for the
25undesignated epinephrine auto-injector of its use.
26    Within 24 hours after the administration of an opioid

 

 

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1antagonist, a school district, public school, or nonpublic
2school must notify the health care professional who provided
3the prescription for the opioid antagonist of its use.
4    (g) Prior to the administration of an undesignated
5epinephrine auto-injector, trained personnel must submit to
6their his or her school's administration proof of completion of
7a training curriculum to recognize and respond to anaphylaxis
8that meets the requirements of subsection (h) of this Section.
9Training must be completed annually. Trained personnel must
10also submit to his or her school's administration proof of
11cardiopulmonary resuscitation and automated external
12defibrillator certification. The school district, public
13school, or nonpublic school must maintain records related to
14the training curriculum and trained personnel.
15    Prior to the administration of an opioid antagonist,
16trained personnel must submit to their school's administration
17proof of completion of a training curriculum to recognize and
18respond to an opioid overdose, which curriculum must meet the
19requirements of subsection (h-5) of this Section. Training must
20be completed annually. Trained personnel must also submit to
21the school's administration proof of cardiopulmonary
22resuscitation and automated external defibrillator
23certification. The school district, public school, or
24nonpublic school must maintain records relating to the training
25curriculum and the trained personnel.
26    (h) A training curriculum to recognize and respond to

 

 

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1anaphylaxis, including the administration of an undesignated
2epinephrine auto-injector, may be conducted online or in
3person.
4    Training shall include, but is not limited to:
5        (1) how to recognize signs and symptoms of an allergic
6    reaction, including anaphylaxis;
7        (2) how to administer an epinephrine auto-injector;
8    and
9        (3) a test demonstrating competency of the knowledge
10    required to recognize anaphylaxis and administer an
11    epinephrine auto-injector.
12    Training may also include, but is not limited to:
13        (A) a review of high-risk areas within a school and its
14    related facilities;
15        (B) steps to take to prevent exposure to allergens;
16        (C) emergency follow-up procedures;
17        (D) how to respond to a student with a known allergy,
18    as well as a student with a previously unknown allergy; and
19        (E) other criteria as determined in rules adopted
20    pursuant to this Section. It must include, but is not
21    limited to:
22        (1) how to recognize symptoms of an allergic reaction;
23        (2) a review of high-risk areas within the school and
24    its related facilities;
25        (3) steps to take to prevent exposure to allergens;
26        (4) how to respond to an emergency involving an

 

 

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1    allergic reaction;
2        (5) how to administer an epinephrine auto-injector;
3        (6) how to respond to a student with a known allergy as
4    well as a student with a previously unknown allergy;
5        (7) a test demonstrating competency of the knowledge
6    required to recognize anaphylaxis and administer an
7    epinephrine auto-injector; and
8        (8) other criteria as determined in rules adopted
9    pursuant to this Section.
10    In consultation with statewide professional organizations
11representing physicians licensed to practice medicine in all of
12its branches, registered nurses, and school nurses, the State
13Board of Education shall make available resource materials
14consistent with criteria in this subsection (h) for educating
15trained personnel to recognize and respond to anaphylaxis. The
16State Board may take into consideration the curriculum on this
17subject developed by other states, as well as any other
18curricular materials suggested by medical experts and other
19groups that work on life-threatening allergy issues. The State
20Board is not required to create new resource materials. The
21State Board shall make these resource materials available on
22its Internet website.
23    (h-5) A training curriculum to recognize and respond to an
24opioid overdose, including the administration of an opioid
25antagonist, may be conducted online or in person. The training
26must comply with any training requirements under Section 5-23

 

 

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1of the Alcoholism and Other Drug Abuse and Dependency Act and
2the corresponding rules. It must include, but is not limited
3to:
4        (1) how to recognize symptoms of an opioid overdose;
5        (2) information on drug overdose prevention and
6    recognition;
7        (3) how to perform rescue breathing and resuscitation;
8        (4) how to respond to an emergency involving an opioid
9    overdose;
10        (5) opioid antagonist dosage and administration;
11        (6) the importance of calling 911;
12        (7) care for the overdose victim after administration
13    of the overdose antagonist;
14        (8) a test demonstrating competency of the knowledge
15    required to recognize an opioid overdose and administer a
16    dose of an opioid antagonist; and
17        (9) other criteria as determined in rules adopted
18    pursuant to this Section.
19    (i) Within 3 days after the administration of an
20undesignated epinephrine auto-injector by a school nurse,
21trained personnel, or a student at a school or school-sponsored
22activity, the school must report to the State Board of
23Education in a form and manner prescribed by the State Board
24the following information:
25        (1) age and type of person receiving epinephrine
26    (student, staff, visitor);

 

 

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1        (2) any previously known diagnosis of a severe allergy;
2        (3) trigger that precipitated allergic episode;
3        (4) location where symptoms developed;
4        (5) number of doses administered;
5        (6) type of person administering epinephrine (school
6    nurse, trained personnel, student); and
7        (7) any other information required by the State Board.
8    If a school district, public school, or nonpublic school
9maintains or has an independent contractor providing
10transportation to students who maintains a supply of
11undesignated epinephrine auto-injectors, then the school
12district, public school, or nonpublic school must report that
13information to the State Board of Education upon adoption or
14change of the policy of the school district, public school,
15nonpublic school, or independent contractor, in a manner as
16prescribed by the State Board. The report must include the
17number of undesignated epinephrine auto-injectors in supply.
18    (i-5) Within 3 days after the administration of an opioid
19antagonist by a school nurse or trained personnel, the school
20must report to the State Board, in a form and manner prescribed
21by the State Board, the following information:
22        (1) the age and type of person receiving the opioid
23    antagonist (student, staff, or visitor);
24        (2) the location where symptoms developed;
25        (3) the type of person administering the opioid
26    antagonist (school nurse or trained personnel); and

 

 

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1        (4) any other information required by the State Board.
2    (j) By October 1, 2015 and every year thereafter, the State
3Board of Education shall submit a report to the General
4Assembly identifying the frequency and circumstances of
5epinephrine administration during the preceding academic year.
6Beginning with the 2017 report, the report shall also contain
7information on which school districts, public schools, and
8nonpublic schools maintain or have independent contractors
9providing transportation to students who maintain a supply of
10undesignated epinephrine auto-injectors. This report shall be
11published on the State Board's Internet website on the date the
12report is delivered to the General Assembly.
13    On or before October 1, 2016 and every year thereafter, the
14State Board shall submit a report to the General Assembly and
15the Department of Public Health identifying the frequency and
16circumstances of opioid antagonist administration during the
17preceding academic year. This report shall be published on the
18State Board's Internet website on the date the report is
19delivered to the General Assembly.
20    (k) The State Board of Education may adopt rules necessary
21to implement this Section.
22    (l) Nothing in this Section shall limit the amount of
23epinephrine auto-injectors that any type of school or student
24may carry or maintain a supply of.
25(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
2699-480, eff. 9-9-15; revised 10-13-15.)
 

 

 

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1    Section 85. The Illinois Food, Drug and Cosmetic Act is
2amended by changing Section 3.21 as follows:
 
3    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
4    Sec. 3.21. Except as authorized by this Act, the Illinois
5Controlled Substances Act, the Pharmacy Practice Act, the
6Dental Practice Act, the Medical Practice Act of 1987, the
7Veterinary Medicine and Surgery Practice Act of 2004, the
8Podiatric Medical Practice Act of 1987, or Section 22-30 of the
9School Code, Section 40 of the State Police Act, or Section
1010.19 of the Illinois Police Training Act to sell or dispense a
11prescription drug without a prescription.
12(Source: P.A. 99-78, eff. 7-20-15.)
 
13    Section 90. The State Mandates Act is amended by adding
14Section 8.40 as follows:
 
15    (30 ILCS 805/8.40 new)
16    Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8
17of this Act, no reimbursement by the State is required for the
18implementation of any mandate created by Sections 70 and 75 of
19this amendatory Act of the 99th General Assembly.".