99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0438

 

Introduced , by Rep. Grant Wehrli

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-30

    Amends the School Code. Allows a school district, public school, or nonpublic school to authorize a school nurse or trained personnel to administer an undesignated dose of an opioid antidote to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose. Sets forth provisions concerning immunity; the administration, supply, and prescription of undesignated doses of an opioid antidote; a training curriculum to recognize and respond to an opioid overdose; reporting to the State Board of Education; and reporting to the General Assembly.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
522-30 as follows:
 
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration and self-carry of asthma
8medication and epinephrine auto-injectors; administration of
9undesignated epinephrine auto-injectors; administration of an
10undesignated dose of an opioid antidote.
11    (a) For the purpose of this Section only, the following
12terms shall have the meanings set forth below:
13    "Asthma inhaler" means a quick reliever asthma inhaler.
14    "Epinephrine auto-injector" means a single-use device used
15for the automatic injection of a pre-measured dose of
16epinephrine into the human body.
17    "Asthma medication" means a medicine, prescribed by (i) a
18physician licensed to practice medicine in all its branches,
19(ii) a physician assistant who has been delegated the authority
20to prescribe asthma medications by his or her supervising
21physician, or (iii) an advanced practice nurse who has a
22written collaborative agreement with a collaborating physician
23that delegates the authority to prescribe asthma medications,

 

 

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1for a pupil that pertains to the pupil's asthma and that has an
2individual prescription label.
3    "School nurse" means a registered nurse working in a school
4with or without licensure endorsed in school nursing.
5    "Self-administration" means a pupil's discretionary use of
6his or her prescribed asthma medication or epinephrine
7auto-injector.
8    "Self-carry" means a pupil's ability to carry his or her
9prescribed asthma medication or epinephrine auto-injector.
10    "Standing protocol" may be issued by (i) a physician
11licensed to practice medicine in all its branches, (ii) a
12physician assistant who has been delegated the authority to
13prescribe asthma medications or epinephrine auto-injectors by
14his or her supervising physician, or (iii) an advanced practice
15nurse who has a collaborative agreement with a collaborating
16physician that delegates authority to issue a standing protocol
17for asthma medications or epinephrine auto-injectors.
18    "Trained personnel" means any school employee or volunteer
19personnel authorized in Sections 10-22.34, 10-22.34a, and
2010-22.34b of this Code who has completed training under
21subsection (g) of this Section to recognize and respond to
22anaphylaxis.
23    "Undesignated dose of an opioid antidote" means a dose of
24naloxone hydrochloride or any other similarly acting and
25equally safe drug approved by the U.S. Food and Drug
26Administration, prescribed in the name of a school district,

 

 

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1public school, or nonpublic school.
2    "Undesignated epinephrine auto-injector" means an
3epinephrine auto-injector prescribed in the name of a school
4district, public school, or nonpublic school.
5    (b) A school, whether public or nonpublic, must permit the
6self-administration and self-carry of asthma medication by a
7pupil with asthma or the self-administration and self-carry of
8an epinephrine auto-injector by a pupil, provided that:
9        (1) the parents or guardians of the pupil provide to
10    the school (i) written authorization from the parents or
11    guardians for (A) the self-administration and self-carry
12    of asthma medication or (B) the self-carry of asthma
13    medication or (ii) for (A) the self-administration and
14    self-carry of an epinephrine auto-injector or (B) the
15    self-carry of an epinephrine auto-injector, written
16    authorization from the pupil's physician, physician
17    assistant, or advanced practice nurse; and
18        (2) the parents or guardians of the pupil provide to
19    the school (i) the prescription label, which must contain
20    the name of the asthma medication, the prescribed dosage,
21    and the time at which or circumstances under which the
22    asthma medication is to be administered, or (ii) for the
23    self-administration or self-carry of an epinephrine
24    auto-injector, a written statement from the pupil's
25    physician, physician assistant, or advanced practice nurse
26    containing the following information:

 

 

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

 

 

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1student, that meets the student's prescription on file; (ii)
2administer an undesignated epinephrine auto-injector that
3meets the prescription on file to any student who has an
4Individual Health Care Action Plan, Illinois Food Allergy
5Emergency Action Plan and Treatment Authorization Form, or plan
6pursuant to Section 504 of the federal Rehabilitation Act of
71973 that authorizes the use of an epinephrine auto-injector;
8and (iii) administer an undesignated epinephrine auto-injector
9to any person that the school nurse or trained personnel in
10good faith believes is having an anaphylactic reaction; and
11(iv) administer an undesignated dose of an opioid antidote to
12any person that the school nurse or trained personnel in good
13faith believes is having an opioid overdose.
14    (c) The school district, public school, or nonpublic school
15must inform the parents or guardians of the pupil, in writing,
16that the school district, public school, or nonpublic school
17and its employees and agents, including a physician, physician
18assistant, or advanced practice nurse providing standing
19protocol or a prescription for school epinephrine
20auto-injectors and including a health care professional
21providing a prescription for or dispensation of doses of an
22opioid antidote, are to incur no liability or professional
23discipline, except for willful and wanton conduct, as a result
24of any injury arising from the administration of asthma
25medication, or of an epinephrine auto-injector, or a dose of an
26opioid antidote regardless of whether authorization was given

 

 

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1by the pupil's parents or guardians or by the pupil's
2physician, physician assistant, or advanced practice nurse, or
3health care professional. The parents or guardians of the pupil
4must sign a statement acknowledging that the school district,
5public school, or nonpublic school and its employees and agents
6are to incur no liability, except for willful and wanton
7conduct, as a result of any injury arising from the
8administration of asthma medication, or of an epinephrine
9auto-injector, or a dose of an opioid antidote regardless of
10whether authorization was given by the pupil's parents or
11guardians or by the pupil's physician, physician assistant, or
12advanced practice nurse, or health care professional and that
13the parents or guardians must indemnify and hold harmless the
14school district, public school, or nonpublic school and its
15employees and agents against any claims, except a claim based
16on willful and wanton conduct, arising out of the
17administration of asthma medication, or of an epinephrine
18auto-injector, or a dose of an opioid antidote regardless of
19whether authorization was given by the pupil's parents or
20guardians or by the pupil's physician, physician assistant, or
21advanced practice nurse, or health care professional.
22    (c-5) When Upon the effective date of this amendatory Act
23of the 98th General Assembly, when a school nurse or trained
24personnel administers an undesignated epinephrine
25auto-injector to a person whom the school nurse or trained
26personnel in good faith believes is having an anaphylactic

 

 

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

 

 

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

 

 

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1a school-sponsored activity, (iii) while under the supervision
2of school personnel, or (iv) before or after normal school
3activities, such as while in before-school or after-school care
4on school-operated property. A school nurse or trained
5personnel may carry an undesignated dose of an opioid antidote
6on his or her person while in school or at a school-sponsored
7activity.
8    (f) The school district, public school, or nonpublic school
9may maintain a supply of undesignated epinephrine
10auto-injectors in any secure location where an allergic person
11is most at risk, including, but not limited to, classrooms and
12lunchrooms. A physician, a physician assistant who has been
13delegated prescriptive authority for asthma medication or
14epinephrine auto-injectors in accordance with Section 7.5 of
15the Physician Assistant Practice Act of 1987, or an advanced
16practice nurse who has been delegated prescriptive authority
17for asthma medication or epinephrine auto-injectors in
18accordance with Section 65-40 of the Nurse Practice Act may
19prescribe undesignated epinephrine auto-injectors in the name
20of the school district, public school, or nonpublic school to
21be maintained for use when necessary. Any supply of epinephrine
22auto-injectors shall be maintained in accordance with the
23manufacturer's instructions.
24    The school district, public school, or nonpublic school may
25maintain a supply of undesignated doses of an opioid antidote
26in any secure location where an individual may have an opioid

 

 

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1overdose. A health care professional who has been delegated
2prescriptive authority for an opioid antidote in accordance
3with Section 5-23 of the Alcoholism and Other Drug Abuse and
4Dependency Act may prescribe a supply of undesignated doses of
5an opioid antidote in the name of the school district, public
6school, or nonpublic school, to be maintained for use when
7necessary. Any supply of an opioid antidote must be maintained
8in accordance with the manufacturer's instructions.
9    (f-5) Upon any administration of an epinephrine
10auto-injector, a school district, public school, or nonpublic
11school must immediately activate the EMS system and notify the
12student's parent, guardian, or emergency contact, if known.
13    Upon any administration of a dose of an opioid antidote, a
14school district, public school, or nonpublic school must
15immediately activate the EMS system and notify the student's
16parent, guardian, or emergency contact, if known.
17    (f-10) Within 24 hours of the administration of an
18undesignated epinephrine auto-injector, a school district,
19public school, or nonpublic school must notify the physician,
20physician assistant, or advance practice nurse who provided the
21standing protocol or prescription for the undesignated
22epinephrine auto-injector of its use.
23    Within 24 hours after the administration of an undesignated
24dose of an opioid antidote, a school district, public school,
25or nonpublic school must notify the health care professional
26who provided the prescription for or dispensation of the supply

 

 

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

 

 

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1epinephrine auto-injector, may be conducted online or in
2person. It must include, but is not limited to:
3        (1) how to recognize symptoms of an allergic reaction;
4        (2) a review of high-risk areas within the school and
5    its related facilities;
6        (3) steps to take to prevent exposure to allergens;
7        (4) how to respond to an emergency involving an
8    allergic reaction;
9        (5) how to administer an epinephrine auto-injector;
10        (6) how to respond to a student with a known allergy as
11    well as a student with a previously unknown allergy;
12        (7) a test demonstrating competency of the knowledge
13    required to recognize anaphylaxis and administer an
14    epinephrine auto-injector; and
15        (8) other criteria as determined in rules adopted
16    pursuant to this Section.
17    In consultation with statewide professional organizations
18representing physicians licensed to practice medicine in all of
19its branches, registered nurses, and school nurses, the State
20Board of Education shall make available resource materials
21consistent with criteria in this subsection (h) for educating
22trained personnel to recognize and respond to anaphylaxis. The
23State Board may take into consideration the curriculum on this
24subject developed by other states, as well as any other
25curricular materials suggested by medical experts and other
26groups that work on life-threatening allergy issues. The State

 

 

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1Board is not required to create new resource materials. The
2State Board shall make these resource materials available on
3its Internet website.
4    (h-5) A training curriculum to recognize and respond to an
5opioid overdose, including the administration of an
6undesignated dose of an opioid antidote, may be conducted
7online or in person. It must include, but is not limited to,
8the following:
9        (1) how to recognize symptoms of an opioid overdose;
10        (2) information on drug overdose prevention and
11    recognition;
12        (3) how to perform rescue breathing and resuscitation;
13        (4) how to respond to an emergency involving an opioid
14    overdose;
15        (5) opioid antidote dosage and administration;
16        (6) the importance of calling 9-1-1;
17        (7) care for the overdose victim after administration
18    of the overdose antidote;
19        (8) a test demonstrating competency of the knowledge
20    required to recognize an opioid overdose and administer a
21    dose of an opioid antidote; and
22        (9) other criteria as determined in rules adopted
23    pursuant to this Section.
24    (i) Within 3 days after the administration of an
25undesignated epinephrine auto-injector by a school nurse,
26trained personnel, or a student at a school or school-sponsored

 

 

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1activity, the school must report to the State Board of
2Education in a form and manner prescribed by the State Board
3the following information:
4        (1) age and type of person receiving epinephrine
5    (student, staff, visitor);
6        (2) any previously known diagnosis of a severe allergy;
7        (3) trigger that precipitated allergic episode;
8        (4) location where symptoms developed;
9        (5) number of doses administered;
10        (6) type of person administering epinephrine (school
11    nurse, trained personnel, student); and
12        (7) any other information required by the State Board.
13    (i-5) Within 3 days after the administration of an
14undesignated dose of an opioid antidote by a school nurse or
15trained personnel, the school must report to the State Board of
16Education, in a form and manner prescribed by the State Board,
17the following information:
18        (1) the age and type of person receiving the dose of an
19    opioid antidote (student, staff, or visitor);
20        (2) the location where symptoms developed;
21        (3) the type of person administering the dose of an
22    opioid antidote (school nurse or trained personnel); and
23        (4) any other information required by the State Board.
24    (j) By October 1, 2015 and every year thereafter, the State
25Board of Education shall submit a report to the General
26Assembly identifying the frequency and circumstances of

 

 

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1epinephrine administration during the preceding academic year.
2This report shall be published on the State Board's Internet
3website on the date the report is delivered to the General
4Assembly.
5    On or before October 1, 2016 and every year thereafter, the
6State Board of Education shall submit a report to the General
7Assembly identifying the frequency and circumstances of opioid
8antidote administration during the preceding school year. This
9report must be published on the State Board's Internet website
10on the date the report is submitted to the General Assembly.
11    (k) The State Board of Education may adopt rules necessary
12to implement this Section.
13(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)