Full Text of HB2949 103rd General Assembly
HB2949enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Asthma Inhalers at Recreational Camps Act | 5 | | is amended by changing Sections 1, 5, and 10 as follows: | 6 | | (410 ILCS 607/1)
| 7 | | Sec. 1. Short title. This Act may be cited as the Emergency | 8 | | Asthma Inhalers and Allergy Treatment for Children at | 9 | | Recreational Camps Act.
| 10 | | (Source: P.A. 94-670, eff. 8-23-05.) | 11 | | (410 ILCS 607/5)
| 12 | | Sec. 5. Definitions. In this Act: | 13 | | "After-school care program" means an after-school care | 14 | | program operated by a park district or any nonprofit entity. | 15 | | "Recreational camp" means any place set apart for | 16 | | recreational purposes for boys and girls. "Recreational camp" | 17 | | shall not apply to private camps owned or leased for | 18 | | individual or family use, or to any camp operated for a period | 19 | | of less than 10 days in a year.
| 20 | | (Source: P.A. 94-670, eff. 8-23-05.) | 21 | | (410 ILCS 607/10)
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| 1 | | Sec. 10. Possession, self-administration, and use of | 2 | | epinephrine auto-injectors or inhalers at recreation camps and | 3 | | after-school care programs . | 4 | | (a) A recreation camp or an after-school care program | 5 | | shall permit a child with severe, potentially life-threatening | 6 | | allergies to possess, self-administer, and use an epinephrine | 7 | | auto-injector or inhaler, if the following conditions are | 8 | | satisfied: | 9 | | (1) The child has the written approval of his or her | 10 | | parent or guardian. | 11 | | (2) The recreational camp or after-school care program | 12 | | administrator or, if a nurse is assigned to the camp or | 13 | | program , the nurse shall receive copies of the written | 14 | | approvals required under paragraph (1) of subsection (a) | 15 | | of this Section. | 16 | | (3) The child's parent or guardian shall submit | 17 | | written verification confirming that the child has the | 18 | | knowledge and skills to safely possess, self-administer, | 19 | | and use an epinephrine auto-injector or inhaler in a camp | 20 | | or an after-school care program setting. | 21 | | (b) The child's parent or guardian shall provide the camp | 22 | | or program with the following information: | 23 | | (1) the child's name; | 24 | | (2) the name, route, and dosage of medication; | 25 | | (3) the frequency and time of medication | 26 | | administration or assistance; |
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| 1 | | (4) the date of the order; | 2 | | (5) a diagnosis and any other medical conditions | 3 | | requiring medications, if not a violation of | 4 | | confidentiality or if not contrary to the request of the | 5 | | parent or guardian to keep confidential; | 6 | | (6) specific recommendations for administration; | 7 | | (7) any special side effects, contraindications, and | 8 | | adverse reactions to be observed; | 9 | | (8) the name of each required medication; and
| 10 | | (9) any severe adverse reactions that may occur to | 11 | | another child, for whom the epinephrine auto-injector or | 12 | | inhaler is not prescribed, should the other child receive | 13 | | a dose of the medication. | 14 | | (c) If the conditions of this Act are satisfied, the child | 15 | | may possess, self-administer, and use an epinephrine | 16 | | auto-injector or inhaler at the camp or after-school care | 17 | | program or at any camp-sponsored or program-sponsored | 18 | | activity, event, or program. | 19 | | (d) The recreational camp or after-school care program | 20 | | must inform the parents or guardians of the child, in writing, | 21 | | that the recreational camp or after-school care program and | 22 | | its employees and agents are to incur no liability , as | 23 | | applicable , except for willful and wanton conduct, as a result | 24 | | of any injury arising from the self-administration of | 25 | | medication to the child. The parents or guardians of the child | 26 | | must sign a statement acknowledging that the recreational camp |
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| 1 | | or after-school care program is to incur no liability, except | 2 | | for willful and wanton conduct, as a result of any injury | 3 | | arising from the self-administration of medication by the | 4 | | child and that the parents or guardians must indemnify and | 5 | | hold harmless the recreational camp or after-school care | 6 | | program and its employees and agents , as applicable, against | 7 | | any claims, except a claim based on willful and wanton | 8 | | conduct, arising out of the self-administration of medication | 9 | | by the child.
| 10 | | (e) After-school care program personnel who have completed | 11 | | an anaphylaxis training program as identified under the | 12 | | Epinephrine Injector Act may administer an undesignated | 13 | | epinephrine injection to any child if the after-school care | 14 | | program personnel believe in good faith that the child is | 15 | | having an anaphylactic reaction while in the after-school care | 16 | | program. After-school care program personnel may carry | 17 | | undesignated epinephrine injectors on their person while in | 18 | | the after-school care program. | 19 | | (f) After-school care program personnel may administer | 20 | | undesignated asthma medication to any child if the | 21 | | after-school care program personnel believe in good faith that | 22 | | the child is experiencing respiratory distress while in the | 23 | | after-school care program. After-school care program personnel | 24 | | may carry undesignated asthma medication on their person while | 25 | | in the after-school care program. | 26 | | (g) If after-school care program personnel are to |
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| 1 | | administer an undesignated epinephrine injection or an | 2 | | undesignated asthma medication to a child, the after-school | 3 | | care program personnel must inform the parents or guardians of | 4 | | the child, in writing, that the after-school care program and | 5 | | its employees and agents, acting in accordance with standard | 6 | | protocols and the prescription for the injection or | 7 | | medication, shall incur no liability, except for willful and | 8 | | wanton conduct, as a result of any injury arising from the | 9 | | administration of the injection or medication, notwithstanding
| 10 | | whether authorization was given by the child's parents or
| 11 | | guardians or by the child's physician, physician assistant, or
| 12 | | advanced practice registered nurse. A parent or guardian of | 13 | | the child must sign a statement acknowledging that the | 14 | | after-school care program and its employees and agents are to | 15 | | incur no liability, except for willful and wanton conduct, as | 16 | | a result of any injury arising from the administration of the | 17 | | medication or injection, regardless of whether authorization
| 18 | | was given by a parent or guardian of the child or by the
| 19 | | child's physician, physician assistant, or advanced practice
| 20 | | registered nurse, and that the parent or guardian must also
| 21 | | indemnify and hold harmless the after-school care program and
| 22 | | its employees and agents against any claims, except a claim
| 23 | | based on willful and wanton conduct, arising out of the
| 24 | | administration of the medication or injection, regardless of
| 25 | | whether authorization was given by the child's parent or
| 26 | | guardian or by the child's physician, physician assistant, or
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| 1 | | advanced practice registered nurse. | 2 | | (h) If after-school care program personnel administer an | 3 | | undesignated epinephrine injection to a person and the | 4 | | after-school care program personnel believe in good faith the | 5 | | person is having an anaphylactic reaction or administer | 6 | | undesignated asthma medication to a person and believe in good | 7 | | faith the person is experiencing respiratory distress, then | 8 | | the after-school care program and its employees and agents, | 9 | | acting in accordance with standard protocols and the | 10 | | prescription for the injection or medication, shall not incur | 11 | | any liability or be subject to professional discipline, except | 12 | | for willful and wanton conduct, as a result of any injury | 13 | | arising from the use of the injection or medication, | 14 | | notwithstanding whether notice was given to or
authorization | 15 | | was given by the child's parent or guardian or
by the child's | 16 | | physician, physician assistant, or advanced
practice | 17 | | registered nurse and notwithstanding the absence of
the | 18 | | parent's or guardian's signed statement acknowledging
release | 19 | | from liability. | 20 | | (i) The changes made to this Section by this amendatory | 21 | | Act of the 103rd General Assembly apply to actions filed on or | 22 | | after the effective date of this amendatory Act of the 103rd | 23 | | General Assembly. | 24 | | (Source: P.A. 94-670, eff. 8-23-05.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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