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Public Act 099-0711 | ||||
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Epinephrine Auto-Injector Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Administer" means to directly apply an epinephrine | ||||
auto-injector to the body of an individual. | ||||
"Authorized entity" means any entity or organization, | ||||
other than a school covered under Section 22-30 of the School | ||||
Code, in connection with or at which allergens capable of | ||||
causing anaphylaxis may be present, including, but not limited | ||||
to, independent contractors who provide student transportation | ||||
to schools, recreation camps, colleges and universities, day | ||||
care facilities, youth sports leagues, amusement parks, | ||||
restaurants, sports arenas, and places of employment. The | ||||
Department shall, by rule, determine what constitutes a day | ||||
care facility under this definition. | ||||
"Department" means the Department of Public Health. | ||||
"Epinephrine auto-injector" means a single-use device used | ||||
for the automatic injection of a pre-measured dose of | ||||
epinephrine into the human body. | ||||
"Health care practitioner" means a physician licensed to |
practice medicine in all its branches under the Medical | ||
Practice Act of 1987, a physician assistant under the Physician | ||
Assistant Practice Act of 1987 with prescriptive authority, or | ||
an advanced practice nurse with prescribing authority under | ||
Article 65 of the Nurse Practice Act. | ||
"Pharmacist" has the meaning given to that term under | ||
subsection (k-5) of Section 3 of the Pharmacy Practice Act. | ||
"Undesignated epinephrine auto-injector" means an | ||
epinephrine auto-injector prescribed in the name of an | ||
authorized entity. | ||
Section 10. Prescription to authorized entity; use; | ||
training. | ||
(a) A health care practitioner may prescribe epinephrine | ||
auto-injectors in the name of an authorized entity for use in | ||
accordance with this Act, and pharmacists and health care | ||
practitioners may dispense epinephrine auto-injectors pursuant | ||
to a prescription issued in the name of an authorized entity. | ||
Such prescriptions shall be valid for a period of 2 years. | ||
(b) An authorized entity may acquire and stock a supply of | ||
undesignated epinephrine auto-injectors pursuant to a | ||
prescription issued under subsection (a) of this Section. Such | ||
undesignated epinephrine auto-injectors shall be stored in a | ||
location readily accessible in an emergency and in accordance | ||
with the instructions for use of the epinephrine | ||
auto-injectors. The Department may establish any additional |
requirements an authorized entity must follow under this Act. | ||
(c) An employee or agent of an authorized entity or other | ||
individual who has completed training under subsection (d) of | ||
this Section may: | ||
(1) provide an epinephrine auto-injector to any | ||
individual on the property of the authorized entity whom | ||
the employee, agent, or other individual believes in good | ||
faith is experiencing anaphylaxis, or to the parent, | ||
guardian, or caregiver of such individual, for immediate | ||
administration, regardless of whether the individual has a | ||
prescription for an epinephrine auto-injector or has | ||
previously been diagnosed with an allergy; or | ||
(2) administer an epinephrine auto-injector to any | ||
individual on the property of the authorized entity whom | ||
the employee, agent, or other individual believes in good | ||
faith is experiencing anaphylaxis, regardless of whether | ||
the individual has a prescription for an epinephrine | ||
auto-injector or has previously been diagnosed with an | ||
allergy. | ||
(d) An employee, agent, or other individual authorized must | ||
complete an anaphylaxis training program before he or she is | ||
able to provide or administer an epinephrine auto-injector | ||
under this Section. Such training shall be valid for a period | ||
of 2 years and shall be conducted by a nationally recognized | ||
organization experienced in training laypersons in emergency | ||
health treatment. The Department shall include links to |
training providers' websites on its website. | ||
Training shall include, but is not limited to: | ||
(1) how to recognize signs and symptoms of an allergic | ||
reaction, including anaphylaxis; | ||
(2) how to administer an epinephrine auto-injector; | ||
and | ||
(3) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector. | ||
Training may also include, but is not limited to: | ||
(A) a review of high-risk areas on the authorized | ||
entity's property and its related facilities; | ||
(B) steps to take to prevent exposure to allergens; | ||
(C) emergency follow-up procedures; and | ||
(D) other criteria as determined in rules adopted | ||
pursuant to this Act. | ||
Training may be conducted either online or in person. The | ||
Department shall approve training programs and list permitted | ||
training programs on the Department's Internet website. | ||
Section 15. Costs. Whichever entity initiates the process | ||
of obtaining undesignated epinephrine auto-injectors and | ||
providing training to personnel for carrying and administering | ||
undesignated epinephrine auto-injectors shall pay for the | ||
costs of the undesignated epinephrine auto-injectors. |
Section 20. Limitations. The use of an undesignated | ||
epinephrine auto-injector in accordance with the requirements | ||
of this Act does not constitute the practice of medicine or any | ||
other profession that requires medical licensure. | ||
Nothing in this Act shall limit the amount of epinephrine | ||
auto-injectors that an authorized entity or individual may | ||
carry or maintain a supply of. | ||
Section 85. Rulemaking. The Department shall adopt any | ||
rules necessary to implement and administer this Act. | ||
Section 87. The State Police Act is amended by adding | ||
Section 40 as follows: | ||
(20 ILCS 2610/40 new) | ||
Sec. 40. Training; administration of epinephrine. | ||
(a) This Section, along with Section 10.19 of the Illinois | ||
Police Training Act, may be referred to as the Annie LeGere | ||
Law. | ||
(b) For the purposes of this Section, "epinephrine | ||
auto-injector" means a single-use device used for the automatic | ||
injection of a pre-measured dose of epinephrine into the human | ||
body prescribed in the name of the Department. | ||
(c) The Department may conduct or approve a training | ||
program for State Police officers to recognize and respond to | ||
anaphylaxis, including, but not limited to: |
(1) how to recognize symptoms of an allergic reaction; | ||
(2) how to respond to an emergency involving an | ||
allergic reaction; | ||
(3) how to administer an epinephrine auto-injector; | ||
(4) how to respond to an individual with a known | ||
allergy as well as an individual with a previously unknown | ||
allergy; | ||
(5) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector; and | ||
(6) other criteria as determined in rules adopted by | ||
the Department. | ||
(d) The Department may authorize a State Police officer who | ||
has completed the training program under subsection (c) to | ||
carry, administer, or assist with the administration of | ||
epinephrine auto-injectors whenever he or she is performing | ||
official duties. | ||
(e) The Department must establish a written policy to | ||
control the acquisition, storage, transportation, | ||
administration, and disposal of epinephrine auto-injectors | ||
before it allows any State Police officer to carry and | ||
administer epinephrine auto-injectors. | ||
(f) A physician, physician's assistant with prescriptive | ||
authority, or advanced practice registered nurse with | ||
prescriptive authority may provide a standing protocol or | ||
prescription for epinephrine auto-injectors in the name of the |
Department to be maintained for use when necessary. | ||
(g) When a State Police officer administers epinephrine | ||
auto-injector in good faith, the officer and the Department, | ||
and its employees and agents, incur no liability, except for | ||
willful and wanton conduct, as a result of any injury or death | ||
arising from the use of an epinephrine auto-injector. | ||
Section 88. The Illinois Police Training Act is amended by | ||
adding Section 10.19 as follows: | ||
(50 ILCS 705/10.19 new) | ||
Sec. 10.19. Training; administration of epinephrine. | ||
(a) This Section, along with Section 40 of the State Police | ||
Act, may be referred to as the Annie LeGere Law. | ||
(b) For purposes of this Section, "epinephrine | ||
auto-injector" means a single-use device used for the automatic | ||
injection of a pre-measured dose of epinephrine into the human | ||
body prescribed in the name of a local governmental agency. | ||
(c) The Board shall conduct or approve an optional advanced | ||
training program for police officers to recognize and respond | ||
to anaphylaxis, including the administration of an epinephrine | ||
auto-injector. The training must include, but is not limited | ||
to: | ||
(1) how to recognize symptoms of an allergic reaction; | ||
(2) how to respond to an emergency involving an | ||
allergic reaction; |
(3) how to administer an epinephrine auto-injector; | ||
(4) how to respond to an individual with a known | ||
allergy as well as an individual with a previously unknown | ||
allergy; | ||
(5) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector; and | ||
(6) other criteria as determined in rules adopted by | ||
the Board. | ||
(d) A local governmental agency may authorize a police | ||
officer who has completed an optional advanced training program | ||
under subsection (c) to carry, administer, or assist with the | ||
administration of epinephrine auto-injectors provided by the | ||
local governmental agency whenever he or she is performing | ||
official duties. | ||
(e) A local governmental agency that authorizes its | ||
officers to carry and administer epinephrine auto-injectors | ||
under subsection (d) must establish a policy to control the | ||
acquisition, storage, transportation, administration, and | ||
disposal of epinephrine auto-injectors and to provide | ||
continued training in the administration of epinephrine | ||
auto-injectors. | ||
(f) A physician, physician's assistant with prescriptive | ||
authority, or advanced practice registered nurse with | ||
prescriptive authority may provide a standing protocol or | ||
prescription for epinephrine auto-injectors in the name of a |
local governmental agency to be maintained for use when | ||
necessary. | ||
(g) When a police officer administers an epinephrine | ||
auto-injector in good faith, the police officer and local | ||
governmental agency, and its employees and agents, incur no | ||
liability, except for willful and wanton conduct, as a result | ||
of any injury or death arising from the use of an epinephrine | ||
auto-injector. | ||
Section 90. The School Code is amended by changing Section | ||
22-30 as follows:
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(105 ILCS 5/22-30)
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Sec. 22-30. Self-administration and self-carry of asthma | ||
medication and epinephrine auto-injectors; administration of | ||
undesignated epinephrine auto-injectors; administration of an | ||
opioid antagonist.
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(a) For the purpose of this Section only, the following | ||
terms shall have the meanings set forth below:
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"Asthma inhaler" means a quick reliever asthma inhaler. | ||
"Epinephrine auto-injector" means a single-use device used | ||
for the automatic injection of a pre-measured dose of | ||
epinephrine into the human body.
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"Asthma medication" means a medicine, prescribed by (i) a | ||
physician
licensed to practice medicine in all its branches,
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(ii) a licensed physician assistant with prescriptive |
authority, or (iii) a licensed advanced practice
nurse with | ||
prescriptive authority
for a pupil that pertains to the pupil's
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asthma and that has an individual prescription label.
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"Opioid antagonist" means a drug that binds to opioid | ||
receptors and blocks or inhibits the effect of opioids acting | ||
on those receptors, including, but not limited to, naloxone | ||
hydrochloride or any other similarly acting drug approved by | ||
the U.S. Food and Drug Administration. | ||
"School nurse" means a registered nurse working in a school | ||
with or without licensure endorsed in school nursing. | ||
"Self-administration" means a pupil's discretionary use of | ||
his or
her prescribed asthma medication or epinephrine | ||
auto-injector.
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"Self-carry" means a pupil's ability to carry his or her | ||
prescribed asthma medication or epinephrine auto-injector. | ||
"Standing protocol" may be issued by (i) a physician | ||
licensed to practice medicine in all its branches, (ii) a | ||
licensed physician assistant with prescriptive authority, or | ||
(iii) a licensed advanced practice nurse with prescriptive | ||
authority . | ||
"Trained personnel" means any school employee or volunteer | ||
personnel authorized in Sections 10-22.34, 10-22.34a, and | ||
10-22.34b of this Code who has completed training under | ||
subsection (g) of this Section to recognize and respond to | ||
anaphylaxis. | ||
"Undesignated epinephrine auto-injector" means an |
epinephrine auto-injector prescribed in the name of a school | ||
district, public school, or nonpublic school. | ||
(b) A school, whether public or nonpublic, must permit the
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self-administration and self-carry of asthma
medication by a | ||
pupil with asthma or the self-administration and self-carry of | ||
an epinephrine auto-injector by a pupil, provided that:
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(1) the parents or
guardians of the pupil provide to | ||
the school (i) written
authorization from the parents or | ||
guardians for (A) the self-administration and self-carry | ||
of asthma medication or (B) the self-carry of asthma | ||
medication or (ii) for (A) the self-administration and | ||
self-carry of an epinephrine auto-injector or (B) the | ||
self-carry of an epinephrine auto-injector, written | ||
authorization from the pupil's physician, physician | ||
assistant, or advanced practice nurse; and
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(2) the
parents or guardians of the pupil provide to | ||
the school (i) the prescription label, which must contain | ||
the name of the asthma medication, the prescribed dosage, | ||
and the time at which or circumstances under which the | ||
asthma medication is to be administered, or (ii) for the | ||
self-administration or self-carry of an epinephrine | ||
auto-injector, a
written
statement from the pupil's | ||
physician, physician assistant, or advanced practice
nurse | ||
containing
the following information:
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(A) the name and purpose of the epinephrine | ||
auto-injector;
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(B) the prescribed dosage; and
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(C) the time or times at which or the special | ||
circumstances
under which the epinephrine | ||
auto-injector is to be administered.
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The information provided shall be kept on file in the office of | ||
the school
nurse or,
in the absence of a school nurse, the | ||
school's administrator.
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(b-5) A school district, public school, or nonpublic school | ||
may authorize the provision of a student-specific or | ||
undesignated epinephrine auto-injector to a student or any | ||
personnel authorized under a student's Individual Health Care | ||
Action Plan, Illinois Food Allergy Emergency Action Plan and | ||
Treatment Authorization Form, or plan pursuant to Section 504 | ||
of the federal Rehabilitation Act of 1973 to administer an | ||
epinephrine auto-injector to the student, that meets the | ||
student's prescription on file. | ||
(b-10) The school district, public school, or nonpublic | ||
school may authorize a school nurse or trained personnel to do | ||
the following: (i) provide an undesignated epinephrine | ||
auto-injector to a student for self-administration only or any | ||
personnel authorized under a student's Individual Health Care | ||
Action Plan, Illinois Food Allergy Emergency Action Plan and | ||
Treatment Authorization Form, or plan pursuant to Section 504 | ||
of the federal Rehabilitation Act of 1973 to administer to the | ||
student, that meets the student's prescription on file; (ii) | ||
administer an undesignated epinephrine auto-injector that |
meets the prescription on file to any student who has an | ||
Individual Health Care Action Plan, Illinois Food Allergy | ||
Emergency Action Plan and Treatment Authorization Form, or plan | ||
pursuant to Section 504 of the federal Rehabilitation Act of | ||
1973 that authorizes the use of an epinephrine auto-injector; | ||
(iii) administer an undesignated epinephrine auto-injector to | ||
any person that the school nurse or trained personnel in good | ||
faith believes is having an anaphylactic reaction; and (iv) | ||
administer an opioid antagonist to any person that the school | ||
nurse or trained personnel in good faith believes is having an | ||
opioid overdose. | ||
(c) The school district, public school, or nonpublic school | ||
must inform the parents or
guardians of the
pupil, in writing, | ||
that the school district, public school, or nonpublic school | ||
and its
employees and
agents, including a physician, physician | ||
assistant, or advanced practice nurse providing standing | ||
protocol or prescription for school epinephrine | ||
auto-injectors,
are to incur no liability or professional | ||
discipline, except for willful and wanton conduct, as a result
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of any injury arising from the
administration of asthma | ||
medication, an epinephrine auto-injector, or an opioid | ||
antagonist regardless of whether authorization was given by the | ||
pupil's parents or guardians or by the pupil's physician, | ||
physician assistant, or advanced practice nurse. The parents or | ||
guardians
of the pupil must sign a statement acknowledging that | ||
the school district, public school, or nonpublic school and its |
employees and agents are to incur no liability, except for | ||
willful and wanton
conduct, as a result of any injury arising
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from the
administration of asthma medication, an epinephrine | ||
auto-injector, or an opioid antagonist regardless of whether | ||
authorization was given by the pupil's parents or guardians or | ||
by the pupil's physician, physician assistant, or advanced | ||
practice nurse and that the parents or
guardians must indemnify | ||
and hold harmless the school district, public school, or | ||
nonpublic
school and
its
employees and agents against any | ||
claims, except a claim based on willful and
wanton conduct, | ||
arising out of the
administration of asthma medication, an | ||
epinephrine auto-injector, or an opioid antagonist regardless | ||
of whether authorization was given by the pupil's parents or | ||
guardians or by the pupil's physician, physician assistant, or | ||
advanced practice nurse. | ||
(c-5) When a school nurse or trained personnel administers | ||
an undesignated epinephrine auto-injector to a person whom the | ||
school nurse or trained personnel in good faith believes is | ||
having an anaphylactic reaction , or administers an opioid | ||
antagonist to a person whom the school nurse or trained | ||
personnel in good faith believes is having an opioid overdose, | ||
notwithstanding the lack of notice to the parents or guardians | ||
of the pupil or the absence of the parents or guardians signed | ||
statement acknowledging no liability, except for willful and | ||
wanton conduct, the school district, public school, or | ||
nonpublic school and its employees and agents, and a physician, |
a physician assistant, or an advanced practice nurse providing | ||
standing protocol or prescription for undesignated epinephrine | ||
auto-injectors, are to incur no liability or professional | ||
discipline, except for willful and wanton conduct, as a result | ||
of any injury arising from the use of an undesignated | ||
epinephrine auto-injector or the use of an opioid antagonist | ||
regardless of whether authorization was given by the pupil's | ||
parents or guardians or by the pupil's physician, physician | ||
assistant, or advanced practice nurse.
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(d) The permission for self-administration and self-carry | ||
of asthma medication or the self-administration and self-carry | ||
of an epinephrine auto-injector is effective
for the school | ||
year for which it is granted and shall be renewed each
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subsequent school year upon fulfillment of the requirements of | ||
this
Section.
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(e) Provided that the requirements of this Section are | ||
fulfilled, a
pupil with asthma may self-administer and | ||
self-carry his or her asthma medication or a pupil may | ||
self-administer and self-carry an epinephrine auto-injector | ||
(i) while in
school, (ii) while at a school-sponsored activity, | ||
(iii) while under the
supervision of
school personnel, or (iv) | ||
before or after normal school activities, such
as while in | ||
before-school or after-school care on school-operated
property | ||
or while being transported on a school bus .
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(e-5) Provided that the requirements of this Section are | ||
fulfilled, a school nurse or trained personnel may administer |
an undesignated epinephrine auto-injector to any person whom | ||
the school nurse or trained personnel in good faith believes to | ||
be having an anaphylactic reaction (i) while in school, (ii) | ||
while at a school-sponsored activity, (iii) while under the | ||
supervision of school personnel, or (iv) before or after normal | ||
school activities, such
as while in before-school or | ||
after-school care on school-operated property or while being | ||
transported on a school bus . A school nurse or trained | ||
personnel may carry undesignated epinephrine auto-injectors on | ||
his or her person while in school or at a school-sponsored | ||
activity. | ||
(e-10) Provided that the requirements of this Section are | ||
fulfilled, a school nurse or trained personnel may administer | ||
an opioid antagonist to any person whom the school nurse or | ||
trained personnel in good faith believes to be having an opioid | ||
overdose (i) while in school, (ii) while at a school-sponsored | ||
activity, (iii) while under the supervision of school | ||
personnel, or (iv) before or after normal school activities, | ||
such as while in before-school or after-school care on | ||
school-operated property. A school nurse or trained personnel | ||
may carry an opioid antagonist on their person while in school | ||
or at a school-sponsored activity. | ||
(f) The school district, public school, or nonpublic school | ||
may maintain a supply of undesignated epinephrine | ||
auto-injectors in any secure location that is accessible | ||
before, during, and after school where an allergic person is |
most at risk, including, but not limited to, classrooms and | ||
lunchrooms. A physician, a physician assistant who has been | ||
delegated prescriptive authority in accordance with Section | ||
7.5 of the Physician Assistant Practice Act of 1987, or an | ||
advanced practice nurse who has been delegated prescriptive | ||
authority in accordance with Section 65-40 of the Nurse | ||
Practice Act may prescribe undesignated epinephrine | ||
auto-injectors in the name of the school district, public | ||
school, or nonpublic school to be maintained for use when | ||
necessary. Any supply of epinephrine auto-injectors shall be | ||
maintained in accordance with the manufacturer's instructions. | ||
The school district, public school, or nonpublic school may | ||
maintain a supply of an opioid antagonist in any secure | ||
location where an individual may have an opioid overdose. A | ||
health care professional who has been delegated prescriptive | ||
authority for opioid antagonists in accordance with Section | ||
5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | ||
may prescribe opioid antagonists in the name of the school | ||
district, public school, or nonpublic school, to be maintained | ||
for use when necessary. Any supply of opioid antagonists shall | ||
be maintained in accordance with the manufacturer's | ||
instructions. | ||
(f-3) Whichever entity initiates the process of obtaining | ||
undesignated epinephrine auto-injectors and providing training | ||
to personnel for carrying and administering undesignated | ||
epinephrine auto-injectors shall pay for the costs of the |
undesignated epinephrine auto-injectors. | ||
(f-5) Upon any administration of an epinephrine | ||
auto-injector, a school district, public school, or nonpublic | ||
school must immediately activate the EMS system and notify the | ||
student's parent, guardian, or emergency contact, if known. | ||
Upon any administration of an opioid antagonist, a school | ||
district, public school, or nonpublic school must immediately | ||
activate the EMS system and notify the student's parent, | ||
guardian, or emergency contact, if known. | ||
(f-10) Within 24 hours of the administration of an | ||
undesignated epinephrine auto-injector, a school district, | ||
public school, or nonpublic school must notify the physician, | ||
physician assistant, or advanced advance practice nurse who | ||
provided the standing protocol or prescription for the | ||
undesignated epinephrine auto-injector of its use. | ||
Within 24 hours after the administration of an opioid | ||
antagonist, a school district, public school, or nonpublic | ||
school must notify the health care professional who provided | ||
the prescription for the opioid antagonist of its use. | ||
(g) Prior to the administration of an undesignated | ||
epinephrine auto-injector, trained personnel must submit to | ||
their his or her school's administration proof of completion of | ||
a training curriculum to recognize and respond to anaphylaxis | ||
that meets the requirements of subsection (h) of this Section. | ||
Training must be completed annually. Trained personnel must | ||
also submit to his or her school's administration proof of |
cardiopulmonary resuscitation and automated external | ||
defibrillator certification. The school district, public | ||
school, or nonpublic school must maintain records related to | ||
the training curriculum and trained personnel. | ||
Prior to the administration of an opioid antagonist, | ||
trained personnel must submit to their school's administration | ||
proof of completion of a training curriculum to recognize and | ||
respond to an opioid overdose, which curriculum must meet the | ||
requirements of subsection (h-5) of this Section. Training must | ||
be completed annually. Trained personnel must also submit to | ||
the school's administration proof of cardiopulmonary | ||
resuscitation and automated external defibrillator | ||
certification. The school district, public school, or | ||
nonpublic school must maintain records relating to the training | ||
curriculum and the trained personnel. | ||
(h) A training curriculum to recognize and respond to | ||
anaphylaxis, including the administration of an undesignated | ||
epinephrine auto-injector, may be conducted online or in | ||
person. | ||
Training shall include, but is not limited to: | ||
(1) how to recognize signs and symptoms of an allergic | ||
reaction, including anaphylaxis; | ||
(2) how to administer an epinephrine auto-injector; | ||
and | ||
(3) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an |
epinephrine auto-injector. | ||
Training may also include, but is not limited to: | ||
(A) a review of high-risk areas within a school and its | ||
related facilities; | ||
(B) steps to take to prevent exposure to allergens; | ||
(C) emergency follow-up procedures; | ||
(D) how to respond to a student with a known allergy, | ||
as well as a student with a previously unknown allergy; and | ||
(E) other criteria as determined in rules adopted | ||
pursuant to this Section. It must include, but is not | ||
limited to: | ||
(1) how to recognize symptoms of an allergic reaction; | ||
(2) a review of high-risk areas within the school and | ||
its related facilities; | ||
(3) steps to take to prevent exposure to allergens; | ||
(4) how to respond to an emergency involving an | ||
allergic reaction; | ||
(5) how to administer an epinephrine auto-injector; | ||
(6) how to respond to a student with a known allergy as | ||
well as a student with a previously unknown allergy; | ||
(7) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector; and | ||
(8) other criteria as determined in rules adopted | ||
pursuant to this Section. | ||
In consultation with statewide professional organizations |
representing physicians licensed to practice medicine in all of | ||
its branches, registered nurses, and school nurses, the State | ||
Board of Education shall make available resource materials | ||
consistent with criteria in this subsection (h) for educating | ||
trained personnel to recognize and respond to anaphylaxis. The | ||
State Board may take into consideration the curriculum on this | ||
subject developed by other states, as well as any other | ||
curricular materials suggested by medical experts and other | ||
groups that work on life-threatening allergy issues. The State | ||
Board is not required to create new resource materials. The | ||
State Board shall make these resource materials available on | ||
its Internet website. | ||
(h-5) A training curriculum to recognize and respond to an | ||
opioid overdose, including the administration of an opioid | ||
antagonist, may be conducted online or in person. The training | ||
must comply with any training requirements under Section 5-23 | ||
of the Alcoholism and Other Drug Abuse and Dependency Act and | ||
the corresponding rules. It must include, but is not limited | ||
to: | ||
(1) how to recognize symptoms of an opioid overdose; | ||
(2) information on drug overdose prevention and | ||
recognition; | ||
(3) how to perform rescue breathing and resuscitation; | ||
(4) how to respond to an emergency involving an opioid | ||
overdose; | ||
(5) opioid antagonist dosage and administration; |
(6) the importance of calling 911; | ||
(7) care for the overdose victim after administration | ||
of the overdose antagonist; | ||
(8) a test demonstrating competency of the knowledge | ||
required to recognize an opioid overdose and administer a | ||
dose of an opioid antagonist; and | ||
(9) other criteria as determined in rules adopted | ||
pursuant to this Section. | ||
(i) Within 3 days after the administration of an | ||
undesignated epinephrine auto-injector by a school nurse, | ||
trained personnel, or a student at a school or school-sponsored | ||
activity, the school must report to the State Board of | ||
Education in a form and manner prescribed by the State Board | ||
the following information: | ||
(1) age and type of person receiving epinephrine | ||
(student, staff, visitor); | ||
(2) any previously known diagnosis of a severe allergy; | ||
(3) trigger that precipitated allergic episode; | ||
(4) location where symptoms developed; | ||
(5) number of doses administered; | ||
(6) type of person administering epinephrine (school | ||
nurse, trained personnel, student); and | ||
(7) any other information required by the State Board. | ||
If a school district, public school, or nonpublic school | ||
maintains or has an independent contractor providing | ||
transportation to students who maintains a supply of |
undesignated epinephrine auto-injectors, then the school | ||
district, public school, or nonpublic school must report that | ||
information to the State Board of Education upon adoption or | ||
change of the policy of the school district, public school, | ||
nonpublic school, or independent contractor, in a manner as | ||
prescribed by the State Board. The report must include the | ||
number of undesignated epinephrine auto-injectors in supply. | ||
(i-5) Within 3 days after the administration of an opioid | ||
antagonist by a school nurse or trained personnel, the school | ||
must report to the State Board, in a form and manner prescribed | ||
by the State Board, the following information: | ||
(1) the age and type of person receiving the opioid | ||
antagonist (student, staff, or visitor); | ||
(2) the location where symptoms developed; | ||
(3) the type of person administering the opioid | ||
antagonist (school nurse or trained personnel); and | ||
(4) any other information required by the State Board. | ||
(j) By October 1, 2015 and every year thereafter, the State | ||
Board of Education shall submit a report to the General | ||
Assembly identifying the frequency and circumstances of | ||
epinephrine administration during the preceding academic year. | ||
Beginning with the 2017 report, the report shall also contain | ||
information on which school districts, public schools, and | ||
nonpublic schools maintain or have independent contractors | ||
providing transportation to students who maintain a supply of | ||
undesignated epinephrine auto-injectors. This report shall be |
published on the State Board's Internet website on the date the | ||
report is delivered to the General Assembly. | ||
On or before October 1, 2016 and every year thereafter, the | ||
State Board shall submit a report to the General Assembly and | ||
the Department of Public Health identifying the frequency and | ||
circumstances of opioid antagonist administration during the | ||
preceding academic year. This report shall be published on the | ||
State Board's Internet website on the date the report is | ||
delivered to the General Assembly. | ||
(k) The State Board of Education may adopt rules necessary | ||
to implement this Section. | ||
(l) Nothing in this Section shall limit the amount of | ||
epinephrine auto-injectors that any type of school or student | ||
may carry or maintain a supply of. | ||
(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; | ||
99-480, eff. 9-9-15; revised 10-13-15.)
| ||
Section 95. The Illinois Food, Drug and Cosmetic Act is | ||
amended by changing Section 3.21 as follows:
| ||
(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| ||
Sec. 3.21. Except as authorized by this Act, the Illinois | ||
Controlled Substances
Act, the Pharmacy Practice Act, the | ||
Dental Practice Act, the Medical
Practice Act of 1987, the | ||
Veterinary Medicine and Surgery Practice Act of
2004, the | ||
Podiatric Medical Practice Act of 1987, or Section 22-30 of the |
School Code, Section 40 of the State Police Act, Section 10.19 | ||
of the Illinois Police Training Act, or the Epinephrine | ||
Auto-Injector Act, to sell or dispense a
prescription drug | ||
without a prescription.
| ||
(Source: P.A. 99-78, eff. 7-20-15.)
| ||
Section 100. The State Mandates Act is amended by adding | ||
Section 8.40 as follows: | ||
(30 ILCS 805/8.40 new) | ||
Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by Section 40 of the | ||
State Police Act and Section 10.19 of the Illinois Police | ||
Training Act. |