Public Act 099-0843
 
HB6333 EnrolledLRB099 18475 NHT 42851 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Section 
22-30 as follows:
 



    (105 ILCS 5/22-30)



    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; asthma episode emergency response protocol.

    (a) For the purpose of this Section only, the following 
terms shall have the meanings set forth below:

    "Asthma action plan" means a written plan developed with a 
pupil's medical provider to help control the pupil's asthma. 
The goal of an asthma action plan is to reduce or prevent 
flare-ups and emergency department visits through day-to-day 
management and to serve as a student-specific document to be 
referenced in the event of an asthma episode.
    "Asthma episode emergency response protocol" means a 
procedure to provide assistance to a pupil experiencing 
symptoms of wheezing, coughing, shortness of breath, chest 
tightness, or breathing difficulty.
    "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.

    "Asthma medication" means a medicine, prescribed 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
for a pupil that pertains to the pupil's

asthma and that has an individual prescription label.

    "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.

    "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

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:

        (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

        (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:

            (A) the name and purpose of the epinephrine 
        auto-injector;

            (B) the prescribed dosage; and

            (C) the time or times at which or the special 
        circumstances
under which the epinephrine 
        auto-injector is to be administered.

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.

    (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

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

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.

    (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

subsequent school year upon fulfillment of the requirements of 
this
Section.

    (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.

    (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.  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 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-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 their 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.  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 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.
    (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 shall submit a report to the General Assembly identifying 
the frequency and circumstances of epinephrine 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.
    (j-5) Annually, each school district, public school, 
charter school, or nonpublic school shall request an asthma 
action plan from the parents or guardians of a pupil with 
asthma. If provided, the asthma action plan must be kept on 
file in the office of the school nurse or, in the absence of a 
school nurse, the school administrator. Copies of the asthma 
action plan may be distributed to appropriate school staff who 
interact with the pupil on a regular basis, and, if applicable, 
may be attached to the pupil's federal Section 504 plan or 
individualized education program plan.
    (j-10) To assist schools with emergency response 
procedures for asthma, the State Board of Education, in 
consultation with statewide professional organizations with 
expertise in asthma management and a statewide organization 
representing school administrators, shall develop a model 
asthma episode emergency response protocol before September 1, 
2016. Each school district, charter school, and nonpublic 
school shall adopt an asthma episode emergency response 
protocol before January 1, 2017 that includes all of the 
components of the State Board's model protocol.
    (j-15) Every 2 years, school personnel who work with pupils 
shall complete an in-person or online training program on the 
management of asthma, the prevention of asthma symptoms, and 
emergency response in the school setting.  In consultation with 
statewide professional organizations with expertise in asthma 
management, the State Board of Education shall make available 
resource materials for educating school personnel about asthma 
and emergency response in the school setting.
    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 may adopt rules necessary to implement 
this Section. 
(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 99. Effective date. This Act takes effect upon 
becoming law.