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Illinois General Assembly· HB 4247Governor Approved

SCH CD-ASTHMA MEDICATION, the official text

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HB4247 Enrolled                      LRB104 16732 LNS 30139 b

1   AN ACT concerning education.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The School Code is amended by changing Section

5 22-30 as follows:

6   (105 ILCS 5/22-30)

7   Sec. 22-30. Self-administration and self-carry of asthma

8 medication and epinephrine injectors; administration of

9 undesignated epinephrine injectors; administration of an

10 opioid antagonist; administration of undesignated asthma

11 medication; supply of undesignated oxygen tanks; asthma

12 episode emergency response protocol.

13  (a) For the purpose of this Section only, the following

14 terms shall have the meanings set forth below:

15  "Asthma action plan" means a written plan developed with a

16 pupil's medical provider to help control the pupil's asthma.

17 The goal of an asthma action plan is to reduce or prevent

18 flare-ups and emergency department visits through day-to-day

19 management and to serve as a student-specific document to be

20 referenced in the event of an asthma episode.

21  "Asthma episode emergency response protocol" means a

22 procedure to provide assistance to a pupil experiencing

23 symptoms of wheezing, coughing, shortness of breath, chest
    HB4247 Enrolled  -2-               LRB104 16732 LNS 30139 b

1 tightness, or breathing difficulty.

2   "Epinephrine injector" includes an auto-injector approved

3 by the United States Food and Drug Administration for the

4 administration of epinephrine and a pre-filled syringe

5 approved by the United States Food and Drug Administration and

6 used for the administration of epinephrine that contains a

7 pre-measured dose of epinephrine that is equivalent to the

8 dosages used in an auto-injector.

9   "Asthma medication" means quick-relief asthma medication,

10 including albuterol or other short-acting bronchodilators,

11 that is approved by the United States Food and Drug

12 Administration for the treatment of respiratory distress.

13 "Asthma medication" includes medication delivered through a

14 device, including a metered dose inhaler with a reusable or

15 disposable spacer or a nebulizer with a mouthpiece or mask.

16  "Athletic trainer" means a licensed athletic trainer hired

17 by or contracted by a school district or the governing body of

18 a charter school or nonpublic school to aid a school in the

19 evaluation, prevention, or physical reconditioning of injuries

20 and the management of asthma, the prevention of asthma

21 symptoms, and emergency asthma response in a school setting.

22  "Coach" means a volunteer or employee of a school who is

23 responsible for organizing and supervising students to teach

24 or train them in the fundamental skills of an interscholastic

25 athletic activity. "Coach" refers to both a head coach and an

26 assistant coach.
    HB4247 Enrolled         -3-           LRB104 16732 LNS 30139 b

1   "Opioid antagonist" means a drug that binds to opioid

2 receptors and blocks or inhibits the effect of opioids acting

3 on those receptors, including, but not limited to, naloxone

4 hydrochloride or any other similarly acting drug approved by

5 the U.S. Food and Drug Administration.

6   "Respiratory distress" means the perceived or actual

7 presence of wheezing, coughing, shortness of breath, chest

8 tightness, breathing difficulty, or any other symptoms

9 consistent with asthma. Respiratory distress may be

10 categorized as "mild-to-moderate" or "severe".

11  "School nurse" means a registered nurse working in a

12 school with or without licensure endorsed in school nursing.

13  "Self-administration" means a pupil's discretionary use of

14 his or her prescribed asthma medication or epinephrine

15 injector.

16  "Self-carry" means a pupil's ability to carry his or her

17 prescribed asthma medication or epinephrine injector.

18  "Standing protocol" may be issued by (i) a physician

19 licensed to practice medicine in all its branches, (ii) a

20 licensed physician assistant with prescriptive authority, or

21 (iii) a licensed advanced practice registered nurse with

22 prescriptive authority.

23  "Trained personnel" means any school employee, coach,

24 athletic trainer, or volunteer personnel authorized in

25 Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who

26 has completed training under subsection (g) of this Section to
    HB4247 Enrolled      -4-            LRB104 16732 LNS 30139 b

1 recognize and respond to anaphylaxis, an opioid overdose, or

2 respiratory distress.

3   "Undesignated asthma medication" means asthma medication

4 prescribed in the name of a school district, public school,

5 charter school, or nonpublic school.

6   "Undesignated epinephrine injector" means an epinephrine

7 injector prescribed in the name of a school district, public

8 school, charter school, or nonpublic school.

9   (b) A school, whether public, charter, or nonpublic, must

10 permit the self-administration and self-carry of asthma

11 medication by a pupil with asthma or the self-administration

12 and self-carry of an epinephrine injector by a pupil, provided

13 that:

14        (1) the parents or guardians of the pupil provide to

15  the school (i) written authorization from the parents or

16  guardians for (A) the self-administration and self-carry

17  of asthma medication or (B) the self-carry of asthma

18  medication or (ii) for (A) the self-administration and

19  self-carry of an epinephrine injector or (B) the

20  self-carry of an epinephrine injector, written

21  authorization from the pupil's physician, physician

22  assistant, or advanced practice registered nurse; and

23        (2) the parents or guardians of the pupil provide to

24  the school (i) the prescription label, which must contain

25  the name of the asthma medication, the prescribed dosage,

26  and the time at which or circumstances under which the
    HB4247 Enrolled               -5-  LRB104 16732 LNS 30139 b

1   asthma medication is to be administered, or (ii) for the

2   self-administration or self-carry of an epinephrine

3   injector, a written statement from the pupil's physician,

4   physician assistant, or advanced practice registered nurse

5   containing the following information:

6            (A) the name and purpose of the epinephrine

7            injector;

8            (B) the prescribed dosage; and

9            (C) the time or times at which or the special

10           circumstances under which the epinephrine injector is

11           to be administered.

12 The information provided shall be kept on file in the office of

13 the school nurse or, in the absence of a school nurse, the

14 school's administrator.

15  (b-5) A school district, public school, charter school, or

16 nonpublic school may authorize the provision of a

17 student-specific or undesignated epinephrine injector to a

18 student or any personnel authorized under a student's

19 Individual Health Care Action Plan, allergy emergency action

20 plan, or plan pursuant to Section 504 of the federal

21 Rehabilitation Act of 1973 to administer an epinephrine

22 injector to the student, that meets the student's prescription

23 on file.

24  (b-10) The school district, public school, charter school,

25 or nonpublic school may authorize a school nurse or trained

26 personnel to do the following: (i) provide an undesignated
HB4247 Enrolled  -6-  LRB104 16732 LNS 30139 b

 1 epinephrine injector to a student for self-administration only
 2 or any personnel authorized under a student's Individual
 3 Health Care Action Plan, allergy emergency action plan, plan
 4 pursuant to Section 504 of the federal Rehabilitation Act of
 5 1973, or individualized education program plan to administer
 6 to the student that meets the student's prescription on file;
 7 (ii) administer an undesignated epinephrine injector that
 8 meets the prescription on file to any student who has an
 9 Individual Health Care Action Plan, allergy emergency action
10 plan, plan pursuant to Section 504 of the federal
11 Rehabilitation Act of 1973, or individualized education
12 program plan that authorizes the use of an epinephrine
13 injector; (iii) administer an undesignated epinephrine
14 injector to any person that the school nurse or trained
15 personnel in good faith believes is having an anaphylactic
16 reaction; (iv) administer an opioid antagonist to any person
17 that the school nurse or trained personnel in good faith
18 believes is having an opioid overdose; (v) provide
19 undesignated asthma medication to a student for
20 self-administration only or to any personnel authorized under
21 a student's Individual Health Care Action Plan or asthma
22 action plan, plan pursuant to Section 504 of the federal
23 Rehabilitation Act of 1973, or individualized education
24 program plan to administer to the student that meets the
25 student's prescription on file; (vi) administer undesignated
26 asthma medication that meets the prescription on file to any
   HB4247 Enrolled  -7-  LRB104 16732 LNS 30139 b

1 student who has an Individual Health Care Action Plan or

2 asthma action plan, plan pursuant to Section 504 of the

3 federal Rehabilitation Act of 1973, or individualized

4 education program plan that authorizes the use of asthma

5 medication; and (vii) administer undesignated asthma

6 medication to any person that the school nurse or trained

7 personnel believes in good faith is having respiratory

8 distress.

9  (c) The school district, public school, charter school, or

10 nonpublic school must inform the parents or guardians of the

11 pupil, in writing, that the school district, public school,

12 charter school, or nonpublic school and its employees and

13 agents, including a physician, physician assistant, or

14 advanced practice registered nurse providing standing protocol

15 and a prescription for school epinephrine injectors, an opioid

16 antagonist, or undesignated asthma medication, are to incur no

17 liability or professional discipline, except for willful and

18 wanton conduct, as a result of any injury arising from the

19 administration of asthma medication, an epinephrine injector,

20 or an opioid antagonist regardless of whether authorization

21 was given by the pupil's parents or guardians or by the pupil's

22 physician, physician assistant, or advanced practice

23 registered nurse. The parents or guardians of the pupil must

24 sign a statement acknowledging that the school district,

25 public school, charter school, or nonpublic school and its

26 employees and agents are to incur no liability, except for
    HB4247 Enrolled  -8-  LRB104 16732 LNS 30139 b

1 willful and wanton conduct, as a result of any injury arising

2 from the administration of asthma medication, an epinephrine

3 injector, or an opioid antagonist regardless of whether

4 authorization was given by the pupil's parents or guardians or

5 by the pupil's physician, physician assistant, or advanced

6 practice registered nurse and that the parents or guardians

7 must indemnify and hold harmless the school district, public

8 school, charter school, or nonpublic school and its employees

9 and agents against any claims, except a claim based on willful

10 and wanton conduct, arising out of the administration of

11 asthma medication, an epinephrine injector, or an opioid

12 antagonist regardless of whether authorization was given by

13 the pupil's parents or guardians or by the pupil's physician,

14 physician assistant, or advanced practice registered nurse.

15  (c-5) When a school nurse or trained personnel administers

16 an undesignated epinephrine injector to a person whom the

17 school nurse or trained personnel in good faith believes is

18 having an anaphylactic reaction, administers an opioid

19 antagonist to a person whom the school nurse or trained

20 personnel in good faith believes is having an opioid overdose,

21 or administers undesignated asthma medication to a person whom

22 the school nurse or trained personnel in good faith believes

23 is having respiratory distress, notwithstanding the lack of

24 notice to the parents or guardians of the pupil or the absence

25 of the parents or guardians signed statement acknowledging no

26 liability, except for willful and wanton conduct, the school
    HB4247 Enrolled            -9-  LRB104 16732 LNS 30139 b

1 district, public school, charter school, or nonpublic school

2 and its employees and agents, and a physician, a physician

3 assistant, or an advanced practice registered nurse providing

4 standing protocol and a prescription for undesignated

5 epinephrine injectors, an opioid antagonist, or undesignated

6 asthma medication, are to incur no liability or professional

7 discipline, except for willful and wanton conduct, as a result

8 of any injury arising from the use of an undesignated

9 epinephrine injector, the use of an opioid antagonist, or the

10 use of undesignated asthma medication, regardless of whether

11 authorization was given by the pupil's parents or guardians or

12 by the pupil's physician, physician assistant, or advanced

13 practice registered nurse.

14  (d) The permission for self-administration and self-carry

15 of asthma medication or the self-administration and self-carry

16 of an epinephrine injector is effective for the school year

17 for which it is granted and shall be renewed each subsequent

18 school year upon fulfillment of the requirements of this

19 Section.

20  (e) Provided that the requirements of this Section are

21 fulfilled, a pupil with asthma may self-administer and

22 self-carry his or her asthma medication or a pupil may

23 self-administer and self-carry an epinephrine injector (i)

24 while in school, (ii) while at a school-sponsored activity,

25 (iii) while under the supervision of school personnel, or (iv)

26 before or after normal school activities, such as while in
    HB4247 Enrolled  - 10 - LRB104 16732 LNS 30139 b

1 before-school or after-school care on school-operated property

2 or while being transported on a school bus.

3   (e-5) Provided that the requirements of this Section are

4 fulfilled, a school nurse or trained personnel may administer

5 an undesignated epinephrine injector to any person whom the

6 school nurse or trained personnel in good faith believes to be

7 having an anaphylactic reaction (i) while in school, (ii)

8 while at a school-sponsored activity, (iii) while under the

9 supervision of school personnel, or (iv) before or after

10 normal school activities, such as while in before-school or

11 after-school care on school-operated property or while being

12 transported on a school bus. A school nurse or trained

13 personnel may carry undesignated epinephrine injectors on his

14 or her person while in school or at a school-sponsored

15 activity.

16  (e-10) Provided that the requirements of this Section are

17 fulfilled, a school nurse or trained personnel may administer

18 an opioid antagonist to any person whom the school nurse or

19 trained personnel in good faith believes to be having an

20 opioid overdose (i) while in school, (ii) while at a

21 school-sponsored activity, (iii) while under the supervision

22 of school personnel, or (iv) before or after normal school

23 activities, such as while in before-school or after-school

24 care on school-operated property. A school nurse or trained

25 personnel may carry an opioid antagonist on his or her person

26 while in school or at a school-sponsored activity.
    HB4247 Enrolled  - 11 - LRB104 16732 LNS 30139 b

1   (e-15) If the requirements of this Section are met, a

2 school nurse or trained personnel may administer undesignated

3 asthma medication to any person whom the school nurse or

4 trained personnel in good faith believes to be experiencing

5 respiratory distress (i) while in school, (ii) while at a

6 school-sponsored activity, (iii) while under the supervision

7 of school personnel, or (iv) before or after normal school

8 activities, including before-school or after-school care on

9 school-operated property. A school nurse or trained personnel

10 may carry undesignated asthma medication on his or her person

11 while in school or at a school-sponsored activity.

12  (f) The school district, public school, charter school, or

13 nonpublic school may maintain a supply of undesignated

14 epinephrine injectors in any secure location that is

15 accessible before, during, and after school where an allergic

16 person is most at risk, including, but not limited to,

17 classrooms and lunchrooms. A physician, a physician assistant

18 who has prescriptive authority in accordance with Section 7.5

19 of the Physician Assistant Practice Act of 1987, or an

20 advanced practice registered nurse who has prescriptive

21 authority in accordance with Section 65-40 of the Nurse

22 Practice Act may prescribe undesignated epinephrine injectors

23 in the name of the school district, public school, charter

24 school, or nonpublic school to be maintained for use when

25 necessary. Any supply of epinephrine injectors shall be

26 maintained in accordance with the manufacturer's instructions.
    HB4247 Enrolled  - 12 - LRB104 16732 LNS 30139 b

1   The school district, public school, charter school, or

2 nonpublic school shall maintain a supply of an opioid

3 antagonist in any secure location where an individual may have

4 an opioid overdose, unless there is a shortage of opioid

5 antagonists, in which case the school district, public school,

6 charter school, or nonpublic school shall make a reasonable

7 effort to maintain a supply of an opioid antagonist. Unless

8 the school district, public school, charter school, or

9 nonpublic school is able to obtain opioid antagonists without

10 a prescription, a health care professional who has been

11 delegated prescriptive authority for opioid antagonists in

12 accordance with Section 5-23 of the Substance Use Disorder Act

13 shall prescribe opioid antagonists in the name of the school

14 district, public school, charter school, or nonpublic school,

15 to be maintained for use when necessary. Any supply of opioid

16 antagonists shall be maintained in accordance with the

17 manufacturer's instructions.

18  The school district, public school, charter school, or

19 nonpublic school may maintain a supply of asthma medication in

20 any secure location that is accessible before, during, or

21 after school where a person is most at risk, including, but not

22 limited to, a classroom, or the nurse's office, or a practice

23 field or gym. A physician, a physician assistant who has

24 prescriptive authority under Section 7.5 of the Physician

25 Assistant Practice Act of 1987, or an advanced practice

26 registered nurse who has prescriptive authority under Section
    HB4247 Enrolled     - 13 - LRB104 16732 LNS 30139 b

1 65-40 of the Nurse Practice Act may prescribe undesignated

2 asthma medication in the name of the school district, public

3 school, charter school, or nonpublic school to be maintained

4 for use when necessary. Any supply of undesignated asthma

5 medication must be maintained in accordance with the

6 manufacturer's instructions.

7   A school district that provides special educational

8 facilities for children with disabilities under Section

9 14-4.01 of this Code may maintain a supply of undesignated

10 oxygen tanks in any secure location that is accessible before,

11 during, and after school where a person with developmental

12 disabilities is most at risk, including, but not limited to,

13 classrooms and lunchrooms. A physician, a physician assistant

14 who has prescriptive authority in accordance with Section 7.5

15 of the Physician Assistant Practice Act of 1987, or an

16 advanced practice registered nurse who has prescriptive

17 authority in accordance with Section 65-40 of the Nurse

18 Practice Act may prescribe undesignated oxygen tanks in the

19 name of the school district that provides special educational

20 facilities for children with disabilities under Section

21 14-4.01 of this Code to be maintained for use when necessary.

22 Any supply of oxygen tanks shall be maintained in accordance

23 with the manufacturer's instructions and with the local fire

24 department's rules.

25  (f-3) Whichever entity initiates the process of obtaining

26 undesignated epinephrine injectors and providing training to
    HB4247 Enrolled  - 14 - LRB104 16732 LNS 30139 b

1 personnel for carrying and administering undesignated

2 epinephrine injectors shall pay for the costs of the

3 undesignated epinephrine injectors.

4   (f-5) Upon any administration of an epinephrine injector,

5 a school district, public school, charter school, or nonpublic

6 school must immediately activate the EMS system and notify the

7 student's parent, guardian, or emergency contact, if known.

8   Upon any administration of an opioid antagonist, a school

9 district, public school, charter school, or nonpublic school

10 must immediately activate the EMS system and notify the

11 student's parent, guardian, or emergency contact, if known.

12  (f-10) Within 24 hours of the administration of an

13 undesignated epinephrine injector, a school district, public

14 school, charter school, or nonpublic school must notify the

15 physician, physician assistant, or advanced practice

16 registered nurse who provided the standing protocol and a

17 prescription for the undesignated epinephrine injector of its

18 use.

19  Within 24 hours after the administration of an opioid

20 antagonist, a school district, public school, charter school,

21 or nonpublic school must notify the health care professional

22 who provided the prescription for the opioid antagonist of its

23 use.

24  Within 24 hours after the administration of undesignated

25 asthma medication, a school district, public school, charter

26 school, or nonpublic school must notify the student's parent
    HB4247 Enrolled        - 15 - LRB104 16732 LNS 30139 b

1 or guardian or emergency contact, if known, and the physician,

2 physician assistant, or advanced practice registered nurse who

3 provided the standing protocol and a prescription for the

4 undesignated asthma medication of its use. The district or

5 school must follow up with the school nurse, if available, and

6 may, with the consent of the child's parent or guardian,

7 notify the child's health care provider of record, as

8 determined under this Section, of its use.

9   (g) Prior to the administration of an undesignated

10 epinephrine injector, trained personnel must submit to the

11 school's administration proof of completion of a training

12 curriculum to recognize and respond to anaphylaxis that meets

13 the requirements of subsection (h) of this Section. Training

14 must be completed annually. The school district, public

15 school, charter school, or nonpublic school must maintain

16 records related to the training curriculum and trained

17 personnel.

18  Prior to the administration of an opioid antagonist,

19 trained personnel must submit to the school's administration

20 proof of completion of a training curriculum to recognize and

21 respond to an opioid overdose, which curriculum must meet the

22 requirements of subsection (h-5) of this Section. The school

23 district, public school, charter school, or nonpublic school

24 must maintain records relating to the training curriculum and

25 the trained personnel.

26  Prior to the administration of undesignated asthma
    HB4247 Enrolled          - 16 - LRB104 16732 LNS 30139 b

1 medication, trained personnel must submit to the school's

2 administration proof of completion of a training curriculum to

3 recognize and respond to respiratory distress, which must meet

4 the requirements of subsection (h-10) of this Section.

5 Training must be completed annually, and the school district,

6 public school, charter school, or nonpublic school must

7 maintain records relating to the training curriculum and the

8 trained personnel.

9   (h) A training curriculum to recognize and respond to

10 anaphylaxis, including the administration of an undesignated

11 epinephrine injector, may be conducted online or in person.

12  Training shall include, but is not limited to:

13  (1) how to recognize signs and symptoms of an allergic

14  reaction, including anaphylaxis;

15  (2) how to administer an epinephrine injector; and

16  (3) a test demonstrating competency of the knowledge

17  required to recognize anaphylaxis and administer an

18  epinephrine injector.

19  Training may also include, but is not limited to:

20  (A) a review of high-risk areas within a school and

21  its related facilities;

22  (B) steps to take to prevent exposure to allergens;

23  (C) emergency follow-up procedures, including the

24  importance of calling 9-1-1 or, if 9-1-1 is not available,

25  other local emergency medical services;

26  (D) how to respond to a student with a known allergy,
    HB4247 Enrolled  - 17 - LRB104 16732 LNS 30139 b

1   as well as a student with a previously unknown allergy;

2   (E) other criteria as determined in rules adopted

3   pursuant to this Section; and

4   (F) any policy developed by the State Board of

5   Education under Section 2-3.190.

6   In consultation with statewide professional organizations

7 representing physicians licensed to practice medicine in all

8 of its branches, registered nurses, and school nurses, the

9 State Board of Education shall make available resource

10 materials consistent with criteria in this subsection (h) for

11 educating trained personnel to recognize and respond to

12 anaphylaxis. The State Board may take into consideration the

13 curriculum on this subject developed by other states, as well

14 as any other curricular materials suggested by medical experts

15 and other groups that work on life-threatening allergy issues.

16 The State Board is not required to create new resource

17 materials. The State Board shall make these resource materials

18 available on its Internet website.

19  (h-5) A training curriculum to recognize and respond to an

20 opioid overdose, including the administration of an opioid

21 antagonist, may be conducted online or in person. The training

22 must comply with any training requirements under Section 5-23

23 of the Substance Use Disorder Act and the corresponding rules.

24 It must include, but is not limited to:

25  (1) how to recognize symptoms of an opioid overdose;

26  (2) information on drug overdose prevention and
    HB4247 Enrolled        - 18 - LRB104 16732 LNS 30139 b

1   recognition;

2   (3) how to perform rescue breathing and resuscitation;

3   (4) how to respond to an emergency involving an opioid

4   overdose;

5   (5) opioid antagonist dosage and administration;

6   (6) the importance of calling 9-1-1 or, if 9-1-1 is

7   not available, other local emergency medical services;

8   (7) care for the overdose victim after administration

9   of the overdose antagonist;

10  (8) a test demonstrating competency of the knowledge

11  required to recognize an opioid overdose and administer a

12  dose of an opioid antagonist; and

13  (9) other criteria as determined in rules adopted

14  pursuant to this Section.

15  (h-10) A training curriculum to recognize and respond to

16 respiratory distress, including the administration of

17 undesignated asthma medication, may be conducted online or in

18 person. The training must include, but is not limited to:

19  (1) how to recognize symptoms of respiratory distress

20  and how to distinguish respiratory distress from

21  anaphylaxis;

22  (2) how to respond to an emergency involving

23  respiratory distress;

24  (3) asthma medication dosage and administration;

25  (4) the importance of calling 9-1-1 or, if 9-1-1 is

26  not available, other local emergency medical services;
    HB4247 Enrolled            - 19 - LRB104 16732 LNS 30139 b

1   (5) a test demonstrating competency of the knowledge

2   required to recognize respiratory distress and administer

3   asthma medication; and

4   (6) other criteria as determined in rules adopted

5   under this Section.

6   (i) Within 3 days after the administration of an

7 undesignated epinephrine injector by a school nurse, trained

8 personnel, or a student at a school or school-sponsored

9 activity, the school must report to the State Board of

10 Education in a form and manner prescribed by the State Board

11 the following information:

12  (1) age and type of person receiving epinephrine

13  (student, staff, visitor);

14  (2) any previously known diagnosis of a severe

15  allergy;

16  (3) trigger that precipitated allergic episode;

17  (4) location where symptoms developed;

18  (5) number of doses administered;

19  (6) type of person administering epinephrine (school

20  nurse, trained personnel, student); and

21  (7) any other information required by the State Board.

22  If a school district, public school, charter school, or

23 nonpublic school maintains or has an independent contractor

24 providing transportation to students who maintains a supply of

25 undesignated epinephrine injectors, then the school district,

26 public school, charter school, or nonpublic school must report
    HB4247 Enrolled  - 20 - LRB104 16732 LNS 30139 b

1 that information to the State Board of Education upon adoption

2 or change of the policy of the school district, public school,

3 charter school, nonpublic school, or independent contractor,

4 in a manner as prescribed by the State Board. The report must

5 include the number of undesignated epinephrine injectors in

6 supply.

7   (i-5) Within 3 days after the administration of an opioid

8 antagonist by a school nurse or trained personnel, the school

9 must report to the State Board of Education, in a form and

10 manner prescribed by the State Board, the following

11 information:

12         (1) the age and type of person receiving the opioid

13  antagonist (student, staff, or visitor);

14         (2) the location where symptoms developed;

15         (3) the type of person administering the opioid

16  antagonist (school nurse or trained personnel); and

17         (4) any other information required by the State Board.

18  (i-10) Within 3 days after the administration of

19 undesignated asthma medication by a school nurse, trained

20 personnel, or a student at a school or school-sponsored

21 activity, the school must report to the State Board of

22 Education, on a form and in a manner prescribed by the State

23 Board of Education, the following information:

24         (1) the age and type of person receiving the asthma

25  medication (student, staff, or visitor);

26         (2) any previously known diagnosis of asthma for the
    HB4247 Enrolled      - 21 - LRB104 16732 LNS 30139 b

1   person;

2   (3) the trigger that precipitated respiratory

3   distress, if identifiable;

4   (4) the location of where the symptoms developed;

5   (5) the number of doses administered;

6   (6) the type of person administering the asthma

7   medication (school nurse, trained personnel, or student);

8   (7) the outcome of the asthma medication

9   administration; and

10  (8) any other information required by the State Board.

11  (j) By October 1, 2015 and every year thereafter, the

12 State Board of Education shall submit a report to the General

13 Assembly identifying the frequency and circumstances of

14 undesignated epinephrine and undesignated asthma medication

15 administration during the preceding academic year. Beginning

16 with the 2017 report, the report shall also contain

17 information on which school districts, public schools, charter

18 schools, and nonpublic schools maintain or have independent

19 contractors providing transportation to students who maintain

20 a supply of undesignated epinephrine injectors. This report

21 shall be published on the State Board's Internet website on

22 the date the report is delivered to the General Assembly.

23  (j-5) Annually, each school district, public school,

24 charter school, or nonpublic school shall request an asthma

25 action plan from the parents or guardians of a pupil with

26 asthma. If provided, the asthma action plan must be kept on
    HB4247 Enrolled  - 22 - LRB104 16732 LNS 30139 b

1 file in the office of the school nurse or, in the absence of a

2 school nurse, the school administrator. Copies of the asthma

3 action plan may be distributed to appropriate school staff who

4 interact with the pupil on a regular basis, and, if

5 applicable, may be attached to the pupil's federal Section 504

6 plan or individualized education program plan.

7   (j-10) To assist schools with emergency response

8 procedures for asthma, the State Board of Education, in

9 consultation with statewide professional organizations with

10 expertise in asthma management and a statewide organization

11 representing school administrators, shall develop a model

12 asthma episode emergency response protocol before September 1,

13 2016. Each school district, charter school, and nonpublic

14 school shall adopt an asthma episode emergency response

15 protocol before January 1, 2017 that includes all of the

16 components of the State Board's model protocol.

17  (j-15) (Blank).

18  (j-20) On or before October 1, 2016 and every year

19 thereafter, the State Board of Education shall submit a report

20 to the General Assembly and the Department of Public Health

21 identifying the frequency and circumstances of opioid

22 antagonist administration during the preceding academic year.

23 This report shall be published on the State Board's Internet

24 website on the date the report is delivered to the General

25 Assembly.

26  (k) The State Board of Education may adopt rules necessary
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1 to implement this Section.

2  (l) Nothing in this Section shall limit the amount of

3 epinephrine injectors that any type of school or student may

4 carry or maintain a supply of.

5  (m) The changes made to this Section by this amendatory

6 Act of the 104th General Assembly are subject to appropriation

7 or available grant funding.

8 (Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;

9 103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.

10 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563

11 for effective date of P.A. 103-542); 103-605, eff. 7-1-24.)
Every fact on this page links to its source, starting with the official bill record.