Illinois 2023-2024 Regular Session

Illinois House Bill HB2949 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0438
2	1		HB2949 EnrolledLRB103 27415 DTM 53787 b HB2949 Enrolled LRB103 27415 DTM 53787 b
3	2		HB2949 Enrolled LRB103 27415 DTM 53787 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Asthma Inhalers at Recreational Camps Act
8		-	is amended by changing Sections 1, 5, and 10 as follows:
9		-	(410 ILCS 607/1)
10		-	Sec. 1. Short title. This Act may be cited as the Emergency
11		-	Asthma Inhalers and Allergy Treatment for Children at
12		-	Recreational Camps Act.
13		-	(Source: P.A. 94-670, eff. 8-23-05.)
14		-	(410 ILCS 607/5)
15		-	Sec. 5. Definitions. In this Act:
16		-	"After-school care program" means an after-school care
17		-	program operated by a park district or any nonprofit entity.
18		-	"Recreational camp" means any place set apart for
19		-	recreational purposes for boys and girls. "Recreational camp"
20		-	shall not apply to private camps owned or leased for
21		-	individual or family use, or to any camp operated for a period
22		-	of less than 10 days in a year.
23		-	(Source: P.A. 94-670, eff. 8-23-05.)
24		-	(410 ILCS 607/10)
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Asthma Inhalers at Recreational Camps Act
	7	+	5 is amended by changing Sections 1, 5, and 10 as follows:
	8	+	6 (410 ILCS 607/1)
	9	+	7 Sec. 1. Short title. This Act may be cited as the Emergency
	10	+	8 Asthma Inhalers and Allergy Treatment for Children at
	11	+	9 Recreational Camps Act.
	12	+	10 (Source: P.A. 94-670, eff. 8-23-05.)
	13	+	11 (410 ILCS 607/5)
	14	+	12 Sec. 5. Definitions. In this Act:
	15	+	13 "After-school care program" means an after-school care
	16	+	14 program operated by a park district or any nonprofit entity.
	17	+	15 "Recreational camp" means any place set apart for
	18	+	16 recreational purposes for boys and girls. "Recreational camp"
	19	+	17 shall not apply to private camps owned or leased for
	20	+	18 individual or family use, or to any camp operated for a period
	21	+	19 of less than 10 days in a year.
	22	+	20 (Source: P.A. 94-670, eff. 8-23-05.)
	23	+	21 (410 ILCS 607/10)
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31		-	Sec. 10. Possession, self-administration, and use of
32		-	epinephrine auto-injectors or inhalers at recreation camps and
33		-	after-school care programs.
34		-	(a) A recreation camp or an after-school care program
35		-	shall permit a child with severe, potentially life-threatening
36		-	allergies to possess, self-administer, and use an epinephrine
37		-	auto-injector or inhaler, if the following conditions are
38		-	satisfied:
39		-	(1) The child has the written approval of his or her
40		-	parent or guardian.
41		-	(2) The recreational camp or after-school care program
42		-	administrator or, if a nurse is assigned to the camp or
43		-	program, the nurse shall receive copies of the written
44		-	approvals required under paragraph (1) of subsection (a)
45		-	of this Section.
46		-	(3) The child's parent or guardian shall submit
47		-	written verification confirming that the child has the
48		-	knowledge and skills to safely possess, self-administer,
49		-	and use an epinephrine auto-injector or inhaler in a camp
50		-	or an after-school care program setting.
51		-	(b) The child's parent or guardian shall provide the camp
52		-	or program with the following information:
53		-	(1) the child's name;
54		-	(2) the name, route, and dosage of medication;
55		-	(3) the frequency and time of medication
56		-	administration or assistance;
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	32	+	1 Sec. 10. Possession, self-administration, and use of
	33	+	2 epinephrine auto-injectors or inhalers at recreation camps and
	34	+	3 after-school care programs.
	35	+	4 (a) A recreation camp or an after-school care program
	36	+	5 shall permit a child with severe, potentially life-threatening
	37	+	6 allergies to possess, self-administer, and use an epinephrine
	38	+	7 auto-injector or inhaler, if the following conditions are
	39	+	8 satisfied:
	40	+	9 (1) The child has the written approval of his or her
	41	+	10 parent or guardian.
	42	+	11 (2) The recreational camp or after-school care program
	43	+	12 administrator or, if a nurse is assigned to the camp or
	44	+	13 program, the nurse shall receive copies of the written
	45	+	14 approvals required under paragraph (1) of subsection (a)
	46	+	15 of this Section.
	47	+	16 (3) The child's parent or guardian shall submit
	48	+	17 written verification confirming that the child has the
	49	+	18 knowledge and skills to safely possess, self-administer,
	50	+	19 and use an epinephrine auto-injector or inhaler in a camp
	51	+	20 or an after-school care program setting.
	52	+	21 (b) The child's parent or guardian shall provide the camp
	53	+	22 or program with the following information:
	54	+	23 (1) the child's name;
	55	+	24 (2) the name, route, and dosage of medication;
	56	+	25 (3) the frequency and time of medication
	57	+	26 administration or assistance;
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58	59
59		-	(4) the date of the order;
60		-	(5) a diagnosis and any other medical conditions
61		-	requiring medications, if not a violation of
62		-	confidentiality or if not contrary to the request of the
63		-	parent or guardian to keep confidential;
64		-	(6) specific recommendations for administration;
65		-	(7) any special side effects, contraindications, and
66		-	adverse reactions to be observed;
67		-	(8) the name of each required medication; and
68		-	(9) any severe adverse reactions that may occur to
69		-	another child, for whom the epinephrine auto-injector or
70		-	inhaler is not prescribed, should the other child receive
71		-	a dose of the medication.
72		-	(c) If the conditions of this Act are satisfied, the child
73		-	may possess, self-administer, and use an epinephrine
74		-	auto-injector or inhaler at the camp or after-school care
75		-	program or at any camp-sponsored or program-sponsored
76		-	activity, event, or program.
77		-	(d) The recreational camp or after-school care program
78		-	must inform the parents or guardians of the child, in writing,
79		-	that the recreational camp or after-school care program and
80		-	its employees and agents are to incur no liability, as
81		-	applicable, except for willful and wanton conduct, as a result
82		-	of any injury arising from the self-administration of
83		-	medication to the child. The parents or guardians of the child
84		-	must sign a statement acknowledging that the recreational camp
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87		-	or after-school care program is to incur no liability, except
88		-	for willful and wanton conduct, as a result of any injury
89		-	arising from the self-administration of medication by the
90		-	child and that the parents or guardians must indemnify and
91		-	hold harmless the recreational camp or after-school care
92		-	program and its employees and agents, as applicable, against
93		-	any claims, except a claim based on willful and wanton
94		-	conduct, arising out of the self-administration of medication
95		-	by the child.
96		-	(e) After-school care program personnel who have completed
97		-	an anaphylaxis training program as identified under the
98		-	Epinephrine Injector Act may administer an undesignated
99		-	epinephrine injection to any child if the after-school care
100		-	program personnel believe in good faith that the child is
101		-	having an anaphylactic reaction while in the after-school care
102		-	program. After-school care program personnel may carry
103		-	undesignated epinephrine injectors on their person while in
104		-	the after-school care program.
105		-	(f) After-school care program personnel may administer
106		-	undesignated asthma medication to any child if the
107		-	after-school care program personnel believe in good faith that
108		-	the child is experiencing respiratory distress while in the
109		-	after-school care program. After-school care program personnel
110		-	may carry undesignated asthma medication on their person while
111		-	in the after-school care program.
112		-	(g) If after-school care program personnel are to
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115		-	administer an undesignated epinephrine injection or an
116		-	undesignated asthma medication to a child, the after-school
117		-	care program personnel must inform the parents or guardians of
118		-	the child, in writing, that the after-school care program and
119		-	its employees and agents, acting in accordance with standard
120		-	protocols and the prescription for the injection or
121		-	medication, shall incur no liability, except for willful and
122		-	wanton conduct, as a result of any injury arising from the
123		-	administration of the injection or medication, notwithstanding
124		-	whether authorization was given by the child's parents or
125		-	guardians or by the child's physician, physician assistant, or
126		-	advanced practice registered nurse. A parent or guardian of
127		-	the child must sign a statement acknowledging that the
128		-	after-school care program and its employees and agents are to
129		-	incur no liability, except for willful and wanton conduct, as
130		-	a result of any injury arising from the administration of the
131		-	medication or injection, regardless of whether authorization
132		-	was given by a parent or guardian of the child or by the
133		-	child's physician, physician assistant, or advanced practice
134		-	registered nurse, and that the parent or guardian must also
135		-	indemnify and hold harmless the after-school care program and
136		-	its employees and agents against any claims, except a claim
137		-	based on willful and wanton conduct, arising out of the
138		-	administration of the medication or injection, regardless of
139		-	whether authorization was given by the child's parent or
140		-	guardian or by the child's physician, physician assistant, or
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	68	+	1 (4) the date of the order;
	69	+	2 (5) a diagnosis and any other medical conditions
	70	+	3 requiring medications, if not a violation of
	71	+	4 confidentiality or if not contrary to the request of the
	72	+	5 parent or guardian to keep confidential;
	73	+	6 (6) specific recommendations for administration;
	74	+	7 (7) any special side effects, contraindications, and
	75	+	8 adverse reactions to be observed;
	76	+	9 (8) the name of each required medication; and
	77	+	10 (9) any severe adverse reactions that may occur to
	78	+	11 another child, for whom the epinephrine auto-injector or
	79	+	12 inhaler is not prescribed, should the other child receive
	80	+	13 a dose of the medication.
	81	+	14 (c) If the conditions of this Act are satisfied, the child
	82	+	15 may possess, self-administer, and use an epinephrine
	83	+	16 auto-injector or inhaler at the camp or after-school care
	84	+	17 program or at any camp-sponsored or program-sponsored
	85	+	18 activity, event, or program.
	86	+	19 (d) The recreational camp or after-school care program
	87	+	20 must inform the parents or guardians of the child, in writing,
	88	+	21 that the recreational camp or after-school care program and
	89	+	22 its employees and agents are to incur no liability, as
	90	+	23 applicable, except for willful and wanton conduct, as a result
	91	+	24 of any injury arising from the self-administration of
	92	+	25 medication to the child. The parents or guardians of the child
	93	+	26 must sign a statement acknowledging that the recreational camp
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143		-	advanced practice registered nurse.
144		-	(h) If after-school care program personnel administer an
145		-	undesignated epinephrine injection to a person and the
146		-	after-school care program personnel believe in good faith the
147		-	person is having an anaphylactic reaction or administer
148		-	undesignated asthma medication to a person and believe in good
149		-	faith the person is experiencing respiratory distress, then
150		-	the after-school care program and its employees and agents,
151		-	acting in accordance with standard protocols and the
152		-	prescription for the injection or medication, shall not incur
153		-	any liability or be subject to professional discipline, except
154		-	for willful and wanton conduct, as a result of any injury
155		-	arising from the use of the injection or medication,
156		-	notwithstanding whether notice was given to or authorization
157		-	was given by the child's parent or guardian or by the child's
158		-	physician, physician assistant, or advanced practice
159		-	registered nurse and notwithstanding the absence of the
160		-	parent's or guardian's signed statement acknowledging release
161		-	from liability.
162		-	(i) The changes made to this Section by this amendatory
163		-	Act of the 103rd General Assembly apply to actions filed on or
164		-	after the effective date of this amendatory Act of the 103rd
165		-	General Assembly.
166		-	(Source: P.A. 94-670, eff. 8-23-05.)
167		-	Section 99. Effective date. This Act takes effect upon
168		-	becoming law.
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	104	+	1 or after-school care program is to incur no liability, except
	105	+	2 for willful and wanton conduct, as a result of any injury
	106	+	3 arising from the self-administration of medication by the
	107	+	4 child and that the parents or guardians must indemnify and
	108	+	5 hold harmless the recreational camp or after-school care
	109	+	6 program and its employees and agents, as applicable, against
	110	+	7 any claims, except a claim based on willful and wanton
	111	+	8 conduct, arising out of the self-administration of medication
	112	+	9 by the child.
	113	+	10 (e) After-school care program personnel who have completed
	114	+	11 an anaphylaxis training program as identified under the
	115	+	12 Epinephrine Injector Act may administer an undesignated
	116	+	13 epinephrine injection to any child if the after-school care
	117	+	14 program personnel believe in good faith that the child is
	118	+	15 having an anaphylactic reaction while in the after-school care
	119	+	16 program. After-school care program personnel may carry
	120	+	17 undesignated epinephrine injectors on their person while in
	121	+	18 the after-school care program.
	122	+	19 (f) After-school care program personnel may administer
	123	+	20 undesignated asthma medication to any child if the
	124	+	21 after-school care program personnel believe in good faith that
	125	+	22 the child is experiencing respiratory distress while in the
	126	+	23 after-school care program. After-school care program personnel
	127	+	24 may carry undesignated asthma medication on their person while
	128	+	25 in the after-school care program.
	129	+	26 (g) If after-school care program personnel are to
	130	+
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	133	+
	134	+
	135	+	HB2949 Enrolled - 4 - LRB103 27415 DTM 53787 b
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	140	+	1 administer an undesignated epinephrine injection or an
	141	+	2 undesignated asthma medication to a child, the after-school
	142	+	3 care program personnel must inform the parents or guardians of
	143	+	4 the child, in writing, that the after-school care program and
	144	+	5 its employees and agents, acting in accordance with standard
	145	+	6 protocols and the prescription for the injection or
	146	+	7 medication, shall incur no liability, except for willful and
	147	+	8 wanton conduct, as a result of any injury arising from the
	148	+	9 administration of the injection or medication, notwithstanding
	149	+	10 whether authorization was given by the child's parents or
	150	+	11 guardians or by the child's physician, physician assistant, or
	151	+	12 advanced practice registered nurse. A parent or guardian of
	152	+	13 the child must sign a statement acknowledging that the
	153	+	14 after-school care program and its employees and agents are to
	154	+	15 incur no liability, except for willful and wanton conduct, as
	155	+	16 a result of any injury arising from the administration of the
	156	+	17 medication or injection, regardless of whether authorization
	157	+	18 was given by a parent or guardian of the child or by the
	158	+	19 child's physician, physician assistant, or advanced practice
	159	+	20 registered nurse, and that the parent or guardian must also
	160	+	21 indemnify and hold harmless the after-school care program and
	161	+	22 its employees and agents against any claims, except a claim
	162	+	23 based on willful and wanton conduct, arising out of the
	163	+	24 administration of the medication or injection, regardless of
	164	+	25 whether authorization was given by the child's parent or
	165	+	26 guardian or by the child's physician, physician assistant, or
	166	+
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	170	+
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	176	+	1 advanced practice registered nurse.
	177	+	2 (h) If after-school care program personnel administer an
	178	+	3 undesignated epinephrine injection to a person and the
	179	+	4 after-school care program personnel believe in good faith the
	180	+	5 person is having an anaphylactic reaction or administer
	181	+	6 undesignated asthma medication to a person and believe in good
	182	+	7 faith the person is experiencing respiratory distress, then
	183	+	8 the after-school care program and its employees and agents,
	184	+	9 acting in accordance with standard protocols and the
	185	+	10 prescription for the injection or medication, shall not incur
	186	+	11 any liability or be subject to professional discipline, except
	187	+	12 for willful and wanton conduct, as a result of any injury
	188	+	13 arising from the use of the injection or medication,
	189	+	14 notwithstanding whether notice was given to or authorization
	190	+	15 was given by the child's parent or guardian or by the child's
	191	+	16 physician, physician assistant, or advanced practice
	192	+	17 registered nurse and notwithstanding the absence of the
	193	+	18 parent's or guardian's signed statement acknowledging release
	194	+	19 from liability.
	195	+	20 (i) The changes made to this Section by this amendatory
	196	+	21 Act of the 103rd General Assembly apply to actions filed on or
	197	+	22 after the effective date of this amendatory Act of the 103rd
	198	+	23 General Assembly.
	199	+	24 (Source: P.A. 94-670, eff. 8-23-05.)
	200	+	25 Section 99. Effective date. This Act takes effect upon
	201	+	26 becoming law.
	202	+
	203	+
	204	+
	205	+
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