Illinois 2023-2024 Regular Session

Illinois House Bill HB3428 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0348
2	1		HB3428 EnrolledLRB103 29807 RJT 56214 b HB3428 Enrolled LRB103 29807 RJT 56214 b
3	2		HB3428 Enrolled LRB103 29807 RJT 56214 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Section
8		-	22-30 as follows:
9		-	(105 ILCS 5/22-30)
10		-	Sec. 22-30. Self-administration and self-carry of asthma
11		-	medication and epinephrine injectors; administration of
12		-	undesignated epinephrine injectors; administration of an
13		-	opioid antagonist; administration of undesignated asthma
14		-	medication; asthma episode emergency response protocol.
15		-	(a) For the purpose of this Section only, the following
16		-	terms shall have the meanings set forth below:
17		-	"Asthma action plan" means a written plan developed with a
18		-	pupil's medical provider to help control the pupil's asthma.
19		-	The goal of an asthma action plan is to reduce or prevent
20		-	flare-ups and emergency department visits through day-to-day
21		-	management and to serve as a student-specific document to be
22		-	referenced in the event of an asthma episode.
23		-	"Asthma episode emergency response protocol" means a
24		-	procedure to provide assistance to a pupil experiencing
25		-	symptoms of wheezing, coughing, shortness of breath, chest
26		-	tightness, or breathing difficulty.
	3	+	1 AN ACT concerning education.
	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 School Code is amended by changing Section
	7	+	5 22-30 as follows:
	8	+	6 (105 ILCS 5/22-30)
	9	+	7 Sec. 22-30. Self-administration and self-carry of asthma
	10	+	8 medication and epinephrine injectors; administration of
	11	+	9 undesignated epinephrine injectors; administration of an
	12	+	10 opioid antagonist; administration of undesignated asthma
	13	+	11 medication; asthma episode emergency response protocol.
	14	+	12 (a) For the purpose of this Section only, the following
	15	+	13 terms shall have the meanings set forth below:
	16	+	14 "Asthma action plan" means a written plan developed with a
	17	+	15 pupil's medical provider to help control the pupil's asthma.
	18	+	16 The goal of an asthma action plan is to reduce or prevent
	19	+	17 flare-ups and emergency department visits through day-to-day
	20	+	18 management and to serve as a student-specific document to be
	21	+	19 referenced in the event of an asthma episode.
	22	+	20 "Asthma episode emergency response protocol" means a
	23	+	21 procedure to provide assistance to a pupil experiencing
	24	+	22 symptoms of wheezing, coughing, shortness of breath, chest
	25	+	23 tightness, or breathing difficulty.
27	26
28	27
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30	29		HB3428 Enrolled LRB103 29807 RJT 56214 b
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33		-	"Epinephrine injector" includes an auto-injector approved
34		-	by the United States Food and Drug Administration for the
35		-	administration of epinephrine and a pre-filled syringe
36		-	approved by the United States Food and Drug Administration and
37		-	used for the administration of epinephrine that contains a
38		-	pre-measured dose of epinephrine that is equivalent to the
39		-	dosages used in an auto-injector.
40		-	"Asthma medication" means quick-relief asthma medication,
41		-	including albuterol or other short-acting bronchodilators,
42		-	that is approved by the United States Food and Drug
43		-	Administration for the treatment of respiratory distress.
44		-	"Asthma medication" includes medication delivered through a
45		-	device, including a metered dose inhaler with a reusable or
46		-	disposable spacer or a nebulizer with a mouthpiece or mask.
47		-	"Opioid antagonist" means a drug that binds to opioid
48		-	receptors and blocks or inhibits the effect of opioids acting
49		-	on those receptors, including, but not limited to, naloxone
50		-	hydrochloride or any other similarly acting drug approved by
51		-	the U.S. Food and Drug Administration.
52		-	"Respiratory distress" means the perceived or actual
53		-	presence of wheezing, coughing, shortness of breath, chest
54		-	tightness, breathing difficulty, or any other symptoms
55		-	consistent with asthma. Respiratory distress may be
56		-	categorized as "mild-to-moderate" or "severe".
57		-	"School nurse" means a registered nurse working in a
58		-	school with or without licensure endorsed in school nursing.
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	33	+	HB3428 Enrolled - 2 - LRB103 29807 RJT 56214 b
	34	+	1 "Epinephrine injector" includes an auto-injector approved
	35	+	2 by the United States Food and Drug Administration for the
	36	+	3 administration of epinephrine and a pre-filled syringe
	37	+	4 approved by the United States Food and Drug Administration and
	38	+	5 used for the administration of epinephrine that contains a
	39	+	6 pre-measured dose of epinephrine that is equivalent to the
	40	+	7 dosages used in an auto-injector.
	41	+	8 "Asthma medication" means quick-relief asthma medication,
	42	+	9 including albuterol or other short-acting bronchodilators,
	43	+	10 that is approved by the United States Food and Drug
	44	+	11 Administration for the treatment of respiratory distress.
	45	+	12 "Asthma medication" includes medication delivered through a
	46	+	13 device, including a metered dose inhaler with a reusable or
	47	+	14 disposable spacer or a nebulizer with a mouthpiece or mask.
	48	+	15 "Opioid antagonist" means a drug that binds to opioid
	49	+	16 receptors and blocks or inhibits the effect of opioids acting
	50	+	17 on those receptors, including, but not limited to, naloxone
	51	+	18 hydrochloride or any other similarly acting drug approved by
	52	+	19 the U.S. Food and Drug Administration.
	53	+	20 "Respiratory distress" means the perceived or actual
	54	+	21 presence of wheezing, coughing, shortness of breath, chest
	55	+	22 tightness, breathing difficulty, or any other symptoms
	56	+	23 consistent with asthma. Respiratory distress may be
	57	+	24 categorized as "mild-to-moderate" or "severe".
	58	+	25 "School nurse" means a registered nurse working in a
	59	+	26 school with or without licensure endorsed in school nursing.
59	60
60	61
61		-	"Self-administration" means a pupil's discretionary use of
62		-	his or her prescribed asthma medication or epinephrine
63		-	injector.
64		-	"Self-carry" means a pupil's ability to carry his or her
65		-	prescribed asthma medication or epinephrine injector.
66		-	"Standing protocol" may be issued by (i) a physician
67		-	licensed to practice medicine in all its branches, (ii) a
68		-	licensed physician assistant with prescriptive authority, or
69		-	(iii) a licensed advanced practice registered nurse with
70		-	prescriptive authority.
71		-	"Trained personnel" means any school employee or volunteer
72		-	personnel authorized in Sections 10-22.34, 10-22.34a, and
73		-	10-22.34b of this Code who has completed training under
74		-	subsection (g) of this Section to recognize and respond to
75		-	anaphylaxis, an opioid overdose, or respiratory distress.
76		-	"Undesignated asthma medication" means asthma medication
77		-	prescribed in the name of a school district, public school,
78		-	charter school, or nonpublic school.
79		-	"Undesignated epinephrine injector" means an epinephrine
80		-	injector prescribed in the name of a school district, public
81		-	school, charter school, or nonpublic school.
82		-	(b) A school, whether public, charter, or nonpublic, must
83		-	permit the self-administration and self-carry of asthma
84		-	medication by a pupil with asthma or the self-administration
85		-	and self-carry of an epinephrine injector by a pupil, provided
86		-	that:
87	62
88	63
89		-	(1) the parents or guardians of the pupil provide to
90		-	the school (i) written authorization from the parents or
91		-	guardians for (A) the self-administration and self-carry
92		-	of asthma medication or (B) the self-carry of asthma
93		-	medication or (ii) for (A) the self-administration and
94		-	self-carry of an epinephrine injector or (B) the
95		-	self-carry of an epinephrine injector, written
96		-	authorization from the pupil's physician, physician
97		-	assistant, or advanced practice registered nurse; and
98		-	(2) the parents or guardians of the pupil provide to
99		-	the school (i) the prescription label, which must contain
100		-	the name of the asthma medication, the prescribed dosage,
101		-	and the time at which or circumstances under which the
102		-	asthma medication is to be administered, or (ii) for the
103		-	self-administration or self-carry of an epinephrine
104		-	injector, a written statement from the pupil's physician,
105		-	physician assistant, or advanced practice registered nurse
106		-	containing the following information:
107		-	(A) the name and purpose of the epinephrine
108		-	injector;
109		-	(B) the prescribed dosage; and
110		-	(C) the time or times at which or the special
111		-	circumstances under which the epinephrine injector is
112		-	to be administered.
113		-	The information provided shall be kept on file in the office of
114		-	the school nurse or, in the absence of a school nurse, the
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115	66
116	67
117		-	school's administrator.
118		-	(b-5) A school district, public school, charter school, or
119		-	nonpublic school may authorize the provision of a
120		-	student-specific or undesignated epinephrine injector to a
121		-	student or any personnel authorized under a student's
122		-	Individual Health Care Action Plan, Illinois Food Allergy
123		-	Emergency Action Plan and Treatment Authorization Form, or
124		-	plan pursuant to Section 504 of the federal Rehabilitation Act
125		-	of 1973 to administer an epinephrine injector to the student,
126		-	that meets the student's prescription on file.
127		-	(b-10) The school district, public school, charter school,
128		-	or nonpublic school may authorize a school nurse or trained
129		-	personnel to do the following: (i) provide an undesignated
130		-	epinephrine injector to a student for self-administration only
131		-	or any personnel authorized under a student's Individual
132		-	Health Care Action Plan, Illinois Food Allergy Emergency
133		-	Action Plan and Treatment Authorization Form, plan pursuant to
134		-	Section 504 of the federal Rehabilitation Act of 1973, or
135		-	individualized education program plan to administer to the
136		-	student that meets the student's prescription on file; (ii)
137		-	administer an undesignated epinephrine injector that meets the
138		-	prescription on file to any student who has an Individual
139		-	Health Care Action Plan, Illinois Food Allergy Emergency
140		-	Action Plan and Treatment Authorization Form, plan pursuant to
141		-	Section 504 of the federal Rehabilitation Act of 1973, or
142		-	individualized education program plan that authorizes the use
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	70	+	1 "Self-administration" means a pupil's discretionary use of
	71	+	2 his or her prescribed asthma medication or epinephrine
	72	+	3 injector.
	73	+	4 "Self-carry" means a pupil's ability to carry his or her
	74	+	5 prescribed asthma medication or epinephrine injector.
	75	+	6 "Standing protocol" may be issued by (i) a physician
	76	+	7 licensed to practice medicine in all its branches, (ii) a
	77	+	8 licensed physician assistant with prescriptive authority, or
	78	+	9 (iii) a licensed advanced practice registered nurse with
	79	+	10 prescriptive authority.
	80	+	11 "Trained personnel" means any school employee or volunteer
	81	+	12 personnel authorized in Sections 10-22.34, 10-22.34a, and
	82	+	13 10-22.34b of this Code who has completed training under
	83	+	14 subsection (g) of this Section to recognize and respond to
	84	+	15 anaphylaxis, an opioid overdose, or respiratory distress.
	85	+	16 "Undesignated asthma medication" means asthma medication
	86	+	17 prescribed in the name of a school district, public school,
	87	+	18 charter school, or nonpublic school.
	88	+	19 "Undesignated epinephrine injector" means an epinephrine
	89	+	20 injector prescribed in the name of a school district, public
	90	+	21 school, charter school, or nonpublic school.
	91	+	22 (b) A school, whether public, charter, or nonpublic, must
	92	+	23 permit the self-administration and self-carry of asthma
	93	+	24 medication by a pupil with asthma or the self-administration
	94	+	25 and self-carry of an epinephrine injector by a pupil, provided
	95	+	26 that:
143	96
144	97
145		-	of an epinephrine injector; (iii) administer an undesignated
146		-	epinephrine injector to any person that the school nurse or
147		-	trained personnel in good faith believes is having an
148		-	anaphylactic reaction; (iv) administer an opioid antagonist to
149		-	any person that the school nurse or trained personnel in good
150		-	faith believes is having an opioid overdose; (v) provide
151		-	undesignated asthma medication to a student for
152		-	self-administration only or to any personnel authorized under
153		-	a student's Individual Health Care Action Plan or asthma
154		-	action plan, plan pursuant to Section 504 of the federal
155		-	Rehabilitation Act of 1973, or individualized education
156		-	program plan to administer to the student that meets the
157		-	student's prescription on file; (vi) administer undesignated
158		-	asthma medication that meets the prescription on file to any
159		-	student who has an Individual Health Care Action Plan or
160		-	asthma action plan, plan pursuant to Section 504 of the
161		-	federal Rehabilitation Act of 1973, or individualized
162		-	education program plan that authorizes the use of asthma
163		-	medication; and (vii) administer undesignated asthma
164		-	medication to any person that the school nurse or trained
165		-	personnel believes in good faith is having respiratory
166		-	distress.
167		-	(c) The school district, public school, charter school, or
168		-	nonpublic school must inform the parents or guardians of the
169		-	pupil, in writing, that the school district, public school,
170		-	charter school, or nonpublic school and its employees and
171	98
172	99
173		-	agents, including a physician, physician assistant, or
174		-	advanced practice registered nurse providing standing protocol
175		-	and a prescription for school epinephrine injectors, an opioid
176		-	antagonist, or undesignated asthma medication, are to incur no
177		-	liability or professional discipline, except for willful and
178		-	wanton conduct, as a result of any injury arising from the
179		-	administration of asthma medication, an epinephrine injector,
180		-	or an opioid antagonist regardless of whether authorization
181		-	was given by the pupil's parents or guardians or by the pupil's
182		-	physician, physician assistant, or advanced practice
183		-	registered nurse. The parents or guardians of the pupil must
184		-	sign a statement acknowledging that the school district,
185		-	public school, charter school, or nonpublic school and its
186		-	employees and agents are to incur no liability, except for
187		-	willful and wanton conduct, as a result of any injury arising
188		-	from the administration of asthma medication, an epinephrine
189		-	injector, or an opioid antagonist regardless of whether
190		-	authorization was given by the pupil's parents or guardians or
191		-	by the pupil's physician, physician assistant, or advanced
192		-	practice registered nurse and that the parents or guardians
193		-	must indemnify and hold harmless the school district, public
194		-	school, charter school, or nonpublic school and its employees
195		-	and agents against any claims, except a claim based on willful
196		-	and wanton conduct, arising out of the administration of
197		-	asthma medication, an epinephrine injector, or an opioid
198		-	antagonist regardless of whether authorization was given by
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199	102
200	103
201		-	the pupil's parents or guardians or by the pupil's physician,
202		-	physician assistant, or advanced practice registered nurse.
203		-	(c-5) When a school nurse or trained personnel administers
204		-	an undesignated epinephrine injector to a person whom the
205		-	school nurse or trained personnel in good faith believes is
206		-	having an anaphylactic reaction, administers an opioid
207		-	antagonist to a person whom the school nurse or trained
208		-	personnel in good faith believes is having an opioid overdose,
209		-	or administers undesignated asthma medication to a person whom
210		-	the school nurse or trained personnel in good faith believes
211		-	is having respiratory distress, notwithstanding the lack of
212		-	notice to the parents or guardians of the pupil or the absence
213		-	of the parents or guardians signed statement acknowledging no
214		-	liability, except for willful and wanton conduct, the school
215		-	district, public school, charter school, or nonpublic school
216		-	and its employees and agents, and a physician, a physician
217		-	assistant, or an advanced practice registered nurse providing
218		-	standing protocol and a prescription for undesignated
219		-	epinephrine injectors, an opioid antagonist, or undesignated
220		-	asthma medication, are to incur no liability or professional
221		-	discipline, except for willful and wanton conduct, as a result
222		-	of any injury arising from the use of an undesignated
223		-	epinephrine injector, the use of an opioid antagonist, or the
224		-	use of undesignated asthma medication, regardless of whether
225		-	authorization was given by the pupil's parents or guardians or
226		-	by the pupil's physician, physician assistant, or advanced
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	106	+	1 (1) the parents or guardians of the pupil provide to
	107	+	2 the school (i) written authorization from the parents or
	108	+	3 guardians for (A) the self-administration and self-carry
	109	+	4 of asthma medication or (B) the self-carry of asthma
	110	+	5 medication or (ii) for (A) the self-administration and
	111	+	6 self-carry of an epinephrine injector or (B) the
	112	+	7 self-carry of an epinephrine injector, written
	113	+	8 authorization from the pupil's physician, physician
	114	+	9 assistant, or advanced practice registered nurse; and
	115	+	10 (2) the parents or guardians of the pupil provide to
	116	+	11 the school (i) the prescription label, which must contain
	117	+	12 the name of the asthma medication, the prescribed dosage,
	118	+	13 and the time at which or circumstances under which the
	119	+	14 asthma medication is to be administered, or (ii) for the
	120	+	15 self-administration or self-carry of an epinephrine
	121	+	16 injector, a written statement from the pupil's physician,
	122	+	17 physician assistant, or advanced practice registered nurse
	123	+	18 containing the following information:
	124	+	19 (A) the name and purpose of the epinephrine
	125	+	20 injector;
	126	+	21 (B) the prescribed dosage; and
	127	+	22 (C) the time or times at which or the special
	128	+	23 circumstances under which the epinephrine injector is
	129	+	24 to be administered.
	130	+	25 The information provided shall be kept on file in the office of
	131	+	26 the school nurse or, in the absence of a school nurse, the
227	132
228	133
229		-	practice registered nurse.
230		-	(d) The permission for self-administration and self-carry
231		-	of asthma medication or the self-administration and self-carry
232		-	of an epinephrine injector is effective for the school year
233		-	for which it is granted and shall be renewed each subsequent
234		-	school year upon fulfillment of the requirements of this
235		-	Section.
236		-	(e) Provided that the requirements of this Section are
237		-	fulfilled, a pupil with asthma may self-administer and
238		-	self-carry his or her asthma medication or a pupil may
239		-	self-administer and self-carry an epinephrine injector (i)
240		-	while in school, (ii) while at a school-sponsored activity,
241		-	(iii) while under the supervision of school personnel, or (iv)
242		-	before or after normal school activities, such as while in
243		-	before-school or after-school care on school-operated property
244		-	or while being transported on a school bus.
245		-	(e-5) Provided that the requirements of this Section are
246		-	fulfilled, a school nurse or trained personnel may administer
247		-	an undesignated epinephrine injector to any person whom the
248		-	school nurse or trained personnel in good faith believes to be
249		-	having an anaphylactic reaction (i) while in school, (ii)
250		-	while at a school-sponsored activity, (iii) while under the
251		-	supervision of school personnel, or (iv) before or after
252		-	normal school activities, such as while in before-school or
253		-	after-school care on school-operated property or while being
254		-	transported on a school bus. A school nurse or trained
255	134
256	135
257		-	personnel may carry undesignated epinephrine injectors on his
258		-	or her person while in school or at a school-sponsored
259		-	activity.
260		-	(e-10) Provided that the requirements of this Section are
261		-	fulfilled, a school nurse or trained personnel may administer
262		-	an opioid antagonist to any person whom the school nurse or
263		-	trained personnel in good faith believes to be having an
264		-	opioid overdose (i) while in school, (ii) while at a
265		-	school-sponsored activity, (iii) while under the supervision
266		-	of school personnel, or (iv) before or after normal school
267		-	activities, such as while in before-school or after-school
268		-	care on school-operated property. A school nurse or trained
269		-	personnel may carry an opioid antagonist on his or her person
270		-	while in school or at a school-sponsored activity.
271		-	(e-15) If the requirements of this Section are met, a
272		-	school nurse or trained personnel may administer undesignated
273		-	asthma medication to any person whom the school nurse or
274		-	trained personnel in good faith believes to be experiencing
275		-	respiratory distress (i) while in school, (ii) while at a
276		-	school-sponsored activity, (iii) while under the supervision
277		-	of school personnel, or (iv) before or after normal school
278		-	activities, including before-school or after-school care on
279		-	school-operated property. A school nurse or trained personnel
280		-	may carry undesignated asthma medication on his or her person
281		-	while in school or at a school-sponsored activity.
282		-	(f) The school district, public school, charter school, or
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283	138
284	139
285		-	nonpublic school may maintain a supply of undesignated
286		-	epinephrine injectors in any secure location that is
287		-	accessible before, during, and after school where an allergic
288		-	person is most at risk, including, but not limited to,
289		-	classrooms and lunchrooms. A physician, a physician assistant
290		-	who has prescriptive authority in accordance with Section 7.5
291		-	of the Physician Assistant Practice Act of 1987, or an
292		-	advanced practice registered nurse who has prescriptive
293		-	authority in accordance with Section 65-40 of the Nurse
294		-	Practice Act may prescribe undesignated epinephrine injectors
295		-	in the name of the school district, public school, charter
296		-	school, or nonpublic school to be maintained for use when
297		-	necessary. Any supply of epinephrine injectors shall be
298		-	maintained in accordance with the manufacturer's instructions.
299		-	The school district, public school, charter school, or
300		-	nonpublic school shall may maintain a supply of an opioid
301		-	antagonist in any secure location where an individual may have
302		-	an opioid overdose, unless there is a shortage of opioid
303		-	antagonists, in which case the school district, public school,
304		-	charter school, or nonpublic school shall make a reasonable
305		-	effort to maintain a supply of an opioid antagonist. Unless
306		-	the school district, public school, charter school, or
307		-	nonpublic school is able to obtain opioid antagonists without
308		-	a prescription, a A health care professional who has been
309		-	delegated prescriptive authority for opioid antagonists in
310		-	accordance with Section 5-23 of the Substance Use Disorder Act
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	142	+	1 school's administrator.
	143	+	2 (b-5) A school district, public school, charter school, or
	144	+	3 nonpublic school may authorize the provision of a
	145	+	4 student-specific or undesignated epinephrine injector to a
	146	+	5 student or any personnel authorized under a student's
	147	+	6 Individual Health Care Action Plan, Illinois Food Allergy
	148	+	7 Emergency Action Plan and Treatment Authorization Form, or
	149	+	8 plan pursuant to Section 504 of the federal Rehabilitation Act
	150	+	9 of 1973 to administer an epinephrine injector to the student,
	151	+	10 that meets the student's prescription on file.
	152	+	11 (b-10) The school district, public school, charter school,
	153	+	12 or nonpublic school may authorize a school nurse or trained
	154	+	13 personnel to do the following: (i) provide an undesignated
	155	+	14 epinephrine injector to a student for self-administration only
	156	+	15 or any personnel authorized under a student's Individual
	157	+	16 Health Care Action Plan, Illinois Food Allergy Emergency
	158	+	17 Action Plan and Treatment Authorization Form, plan pursuant to
	159	+	18 Section 504 of the federal Rehabilitation Act of 1973, or
	160	+	19 individualized education program plan to administer to the
	161	+	20 student that meets the student's prescription on file; (ii)
	162	+	21 administer an undesignated epinephrine injector that meets the
	163	+	22 prescription on file to any student who has an Individual
	164	+	23 Health Care Action Plan, Illinois Food Allergy Emergency
	165	+	24 Action Plan and Treatment Authorization Form, plan pursuant to
	166	+	25 Section 504 of the federal Rehabilitation Act of 1973, or
	167	+	26 individualized education program plan that authorizes the use
311	168
312	169
313		-	shall may prescribe opioid antagonists in the name of the
314		-	school district, public school, charter school, or nonpublic
315		-	school, to be maintained for use when necessary. Any supply of
316		-	opioid antagonists shall be maintained in accordance with the
317		-	manufacturer's instructions.
318		-	The school district, public school, charter school, or
319		-	nonpublic school may maintain a supply of asthma medication in
320		-	any secure location that is accessible before, during, or
321		-	after school where a person is most at risk, including, but not
322		-	limited to, a classroom or the nurse's office. A physician, a
323		-	physician assistant who has prescriptive authority under
324		-	Section 7.5 of the Physician Assistant Practice Act of 1987,
325		-	or an advanced practice registered nurse who has prescriptive
326		-	authority under Section 65-40 of the Nurse Practice Act may
327		-	prescribe undesignated asthma medication in the name of the
328		-	school district, public school, charter school, or nonpublic
329		-	school to be maintained for use when necessary. Any supply of
330		-	undesignated asthma medication must be maintained in
331		-	accordance with the manufacturer's instructions.
332		-	(f-3) Whichever entity initiates the process of obtaining
333		-	undesignated epinephrine injectors and providing training to
334		-	personnel for carrying and administering undesignated
335		-	epinephrine injectors shall pay for the costs of the
336		-	undesignated epinephrine injectors.
337		-	(f-5) Upon any administration of an epinephrine injector,
338		-	a school district, public school, charter school, or nonpublic
339	170
340	171
341		-	school must immediately activate the EMS system and notify the
342		-	student's parent, guardian, or emergency contact, if known.
343		-	Upon any administration of an opioid antagonist, a school
344		-	district, public school, charter school, or nonpublic school
345		-	must immediately activate the EMS system and notify the
346		-	student's parent, guardian, or emergency contact, if known.
347		-	(f-10) Within 24 hours of the administration of an
348		-	undesignated epinephrine injector, a school district, public
349		-	school, charter school, or nonpublic school must notify the
350		-	physician, physician assistant, or advanced practice
351		-	registered nurse who provided the standing protocol and a
352		-	prescription for the undesignated epinephrine injector of its
353		-	use.
354		-	Within 24 hours after the administration of an opioid
355		-	antagonist, a school district, public school, charter school,
356		-	or nonpublic school must notify the health care professional
357		-	who provided the prescription for the opioid antagonist of its
358		-	use.
359		-	Within 24 hours after the administration of undesignated
360		-	asthma medication, a school district, public school, charter
361		-	school, or nonpublic school must notify the student's parent
362		-	or guardian or emergency contact, if known, and the physician,
363		-	physician assistant, or advanced practice registered nurse who
364		-	provided the standing protocol and a prescription for the
365		-	undesignated asthma medication of its use. The district or
366		-	school must follow up with the school nurse, if available, and
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367	174
368	175
369		-	may, with the consent of the child's parent or guardian,
370		-	notify the child's health care provider of record, as
371		-	determined under this Section, of its use.
372		-	(g) Prior to the administration of an undesignated
373		-	epinephrine injector, trained personnel must submit to the
374		-	school's administration proof of completion of a training
375		-	curriculum to recognize and respond to anaphylaxis that meets
376		-	the requirements of subsection (h) of this Section. Training
377		-	must be completed annually. The school district, public
378		-	school, charter school, or nonpublic school must maintain
379		-	records related to the training curriculum and trained
380		-	personnel.
381		-	Prior to the administration of an opioid antagonist,
382		-	trained personnel must submit to the school's administration
383		-	proof of completion of a training curriculum to recognize and
384		-	respond to an opioid overdose, which curriculum must meet the
385		-	requirements of subsection (h-5) of this Section. Training
386		-	must be completed annually. Trained personnel must also submit
387		-	to the school's administration proof of cardiopulmonary
388		-	resuscitation and automated external defibrillator
389		-	certification. The school district, public school, charter
390		-	school, or nonpublic school must maintain records relating to
391		-	the training curriculum and the trained personnel.
392		-	Prior to the administration of undesignated asthma
393		-	medication, trained personnel must submit to the school's
394		-	administration proof of completion of a training curriculum to
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	178	+	1 of an epinephrine injector; (iii) administer an undesignated
	179	+	2 epinephrine injector to any person that the school nurse or
	180	+	3 trained personnel in good faith believes is having an
	181	+	4 anaphylactic reaction; (iv) administer an opioid antagonist to
	182	+	5 any person that the school nurse or trained personnel in good
	183	+	6 faith believes is having an opioid overdose; (v) provide
	184	+	7 undesignated asthma medication to a student for
	185	+	8 self-administration only or to any personnel authorized under
	186	+	9 a student's Individual Health Care Action Plan or asthma
	187	+	10 action plan, plan pursuant to Section 504 of the federal
	188	+	11 Rehabilitation Act of 1973, or individualized education
	189	+	12 program plan to administer to the student that meets the
	190	+	13 student's prescription on file; (vi) administer undesignated
	191	+	14 asthma medication that meets the prescription on file to any
	192	+	15 student who has an Individual Health Care Action Plan or
	193	+	16 asthma action plan, plan pursuant to Section 504 of the
	194	+	17 federal Rehabilitation Act of 1973, or individualized
	195	+	18 education program plan that authorizes the use of asthma
	196	+	19 medication; and (vii) administer undesignated asthma
	197	+	20 medication to any person that the school nurse or trained
	198	+	21 personnel believes in good faith is having respiratory
	199	+	22 distress.
	200	+	23 (c) The school district, public school, charter school, or
	201	+	24 nonpublic school must inform the parents or guardians of the
	202	+	25 pupil, in writing, that the school district, public school,
	203	+	26 charter school, or nonpublic school and its employees and
395	204
396	205
397		-	recognize and respond to respiratory distress, which must meet
398		-	the requirements of subsection (h-10) of this Section.
399		-	Training must be completed annually, and the school district,
400		-	public school, charter school, or nonpublic school must
401		-	maintain records relating to the training curriculum and the
402		-	trained personnel.
403		-	(h) A training curriculum to recognize and respond to
404		-	anaphylaxis, including the administration of an undesignated
405		-	epinephrine injector, may be conducted online or in person.
406		-	Training shall include, but is not limited to:
407		-	(1) how to recognize signs and symptoms of an allergic
408		-	reaction, including anaphylaxis;
409		-	(2) how to administer an epinephrine injector; and
410		-	(3) a test demonstrating competency of the knowledge
411		-	required to recognize anaphylaxis and administer an
412		-	epinephrine injector.
413		-	Training may also include, but is not limited to:
414		-	(A) a review of high-risk areas within a school and
415		-	its related facilities;
416		-	(B) steps to take to prevent exposure to allergens;
417		-	(C) emergency follow-up procedures, including the
418		-	importance of calling 9-1-1 or, if 9-1-1 is not available,
419		-	other local emergency medical services;
420		-	(D) how to respond to a student with a known allergy,
421		-	as well as a student with a previously unknown allergy;
422		-	(E) other criteria as determined in rules adopted
423	206
424	207
425		-	pursuant to this Section; and
426		-	(F) any policy developed by the State Board of
427		-	Education under Section 2-3.190.
428		-	In consultation with statewide professional organizations
429		-	representing physicians licensed to practice medicine in all
430		-	of its branches, registered nurses, and school nurses, the
431		-	State Board of Education shall make available resource
432		-	materials consistent with criteria in this subsection (h) for
433		-	educating trained personnel to recognize and respond to
434		-	anaphylaxis. The State Board may take into consideration the
435		-	curriculum on this subject developed by other states, as well
436		-	as any other curricular materials suggested by medical experts
437		-	and other groups that work on life-threatening allergy issues.
438		-	The State Board is not required to create new resource
439		-	materials. The State Board shall make these resource materials
440		-	available on its Internet website.
441		-	(h-5) A training curriculum to recognize and respond to an
442		-	opioid overdose, including the administration of an opioid
443		-	antagonist, may be conducted online or in person. The training
444		-	must comply with any training requirements under Section 5-23
445		-	of the Substance Use Disorder Act and the corresponding rules.
446		-	It must include, but is not limited to:
447		-	(1) how to recognize symptoms of an opioid overdose;
448		-	(2) information on drug overdose prevention and
449		-	recognition;
450		-	(3) how to perform rescue breathing and resuscitation;
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451	210
452	211
453		-	(4) how to respond to an emergency involving an opioid
454		-	overdose;
455		-	(5) opioid antagonist dosage and administration;
456		-	(6) the importance of calling 9-1-1 or, if 9-1-1 is
457		-	not available, other local emergency medical services;
458		-	(7) care for the overdose victim after administration
459		-	of the overdose antagonist;
460		-	(8) a test demonstrating competency of the knowledge
461		-	required to recognize an opioid overdose and administer a
462		-	dose of an opioid antagonist; and
463		-	(9) other criteria as determined in rules adopted
464		-	pursuant to this Section.
465		-	(h-10) A training curriculum to recognize and respond to
466		-	respiratory distress, including the administration of
467		-	undesignated asthma medication, may be conducted online or in
468		-	person. The training must include, but is not limited to:
469		-	(1) how to recognize symptoms of respiratory distress
470		-	and how to distinguish respiratory distress from
471		-	anaphylaxis;
472		-	(2) how to respond to an emergency involving
473		-	respiratory distress;
474		-	(3) asthma medication dosage and administration;
475		-	(4) the importance of calling 9-1-1 or, if 9-1-1 is
476		-	not available, other local emergency medical services;
477		-	(5) a test demonstrating competency of the knowledge
478		-	required to recognize respiratory distress and administer
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	214	+	1 agents, including a physician, physician assistant, or
	215	+	2 advanced practice registered nurse providing standing protocol
	216	+	3 and a prescription for school epinephrine injectors, an opioid
	217	+	4 antagonist, or undesignated asthma medication, are to incur no
	218	+	5 liability or professional discipline, except for willful and
	219	+	6 wanton conduct, as a result of any injury arising from the
	220	+	7 administration of asthma medication, an epinephrine injector,
	221	+	8 or an opioid antagonist regardless of whether authorization
	222	+	9 was given by the pupil's parents or guardians or by the pupil's
	223	+	10 physician, physician assistant, or advanced practice
	224	+	11 registered nurse. The parents or guardians of the pupil must
	225	+	12 sign a statement acknowledging that the school district,
	226	+	13 public school, charter school, or nonpublic school and its
	227	+	14 employees and agents are to incur no liability, except for
	228	+	15 willful and wanton conduct, as a result of any injury arising
	229	+	16 from the administration of asthma medication, an epinephrine
	230	+	17 injector, or an opioid antagonist regardless of whether
	231	+	18 authorization was given by the pupil's parents or guardians or
	232	+	19 by the pupil's physician, physician assistant, or advanced
	233	+	20 practice registered nurse and that the parents or guardians
	234	+	21 must indemnify and hold harmless the school district, public
	235	+	22 school, charter school, or nonpublic school and its employees
	236	+	23 and agents against any claims, except a claim based on willful
	237	+	24 and wanton conduct, arising out of the administration of
	238	+	25 asthma medication, an epinephrine injector, or an opioid
	239	+	26 antagonist regardless of whether authorization was given by
479	240
480	241
481		-	asthma medication; and
482		-	(6) other criteria as determined in rules adopted
483		-	under this Section.
484		-	(i) Within 3 days after the administration of an
485		-	undesignated epinephrine injector by a school nurse, trained
486		-	personnel, or a student at a school or school-sponsored
487		-	activity, the school must report to the State Board of
488		-	Education in a form and manner prescribed by the State Board
489		-	the following information:
490		-	(1) age and type of person receiving epinephrine
491		-	(student, staff, visitor);
492		-	(2) any previously known diagnosis of a severe
493		-	allergy;
494		-	(3) trigger that precipitated allergic episode;
495		-	(4) location where symptoms developed;
496		-	(5) number of doses administered;
497		-	(6) type of person administering epinephrine (school
498		-	nurse, trained personnel, student); and
499		-	(7) any other information required by the State Board.
500		-	If a school district, public school, charter school, or
501		-	nonpublic school maintains or has an independent contractor
502		-	providing transportation to students who maintains a supply of
503		-	undesignated epinephrine injectors, then the school district,
504		-	public school, charter school, or nonpublic school must report
505		-	that information to the State Board of Education upon adoption
506		-	or change of the policy of the school district, public school,
507	242
508	243
509		-	charter school, nonpublic school, or independent contractor,
510		-	in a manner as prescribed by the State Board. The report must
511		-	include the number of undesignated epinephrine injectors in
512		-	supply.
513		-	(i-5) Within 3 days after the administration of an opioid
514		-	antagonist by a school nurse or trained personnel, the school
515		-	must report to the State Board of Education, in a form and
516		-	manner prescribed by the State Board, the following
517		-	information:
518		-	(1) the age and type of person receiving the opioid
519		-	antagonist (student, staff, or visitor);
520		-	(2) the location where symptoms developed;
521		-	(3) the type of person administering the opioid
522		-	antagonist (school nurse or trained personnel); and
523		-	(4) any other information required by the State Board.
524		-	(i-10) Within 3 days after the administration of
525		-	undesignated asthma medication by a school nurse, trained
526		-	personnel, or a student at a school or school-sponsored
527		-	activity, the school must report to the State Board of
528		-	Education, on a form and in a manner prescribed by the State
529		-	Board of Education, the following information:
530		-	(1) the age and type of person receiving the asthma
531		-	medication (student, staff, or visitor);
532		-	(2) any previously known diagnosis of asthma for the
533		-	person;
534		-	(3) the trigger that precipitated respiratory
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535	246
536	247
537		-	distress, if identifiable;
538		-	(4) the location of where the symptoms developed;
539		-	(5) the number of doses administered;
540		-	(6) the type of person administering the asthma
541		-	medication (school nurse, trained personnel, or student);
542		-	(7) the outcome of the asthma medication
543		-	administration; and
544		-	(8) any other information required by the State Board.
545		-	(j) By October 1, 2015 and every year thereafter, the
546		-	State Board of Education shall submit a report to the General
547		-	Assembly identifying the frequency and circumstances of
548		-	undesignated epinephrine and undesignated asthma medication
549		-	administration during the preceding academic year. Beginning
550		-	with the 2017 report, the report shall also contain
551		-	information on which school districts, public schools, charter
552		-	schools, and nonpublic schools maintain or have independent
553		-	contractors providing transportation to students who maintain
554		-	a supply of undesignated epinephrine injectors. This report
555		-	shall be published on the State Board's Internet website on
556		-	the date the report is delivered to the General Assembly.
557		-	(j-5) Annually, each school district, public school,
558		-	charter school, or nonpublic school shall request an asthma
559		-	action plan from the parents or guardians of a pupil with
560		-	asthma. If provided, the asthma action plan must be kept on
561		-	file in the office of the school nurse or, in the absence of a
562		-	school nurse, the school administrator. Copies of the asthma
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	250	+	1 the pupil's parents or guardians or by the pupil's physician,
	251	+	2 physician assistant, or advanced practice registered nurse.
	252	+	3 (c-5) When a school nurse or trained personnel administers
	253	+	4 an undesignated epinephrine injector to a person whom the
	254	+	5 school nurse or trained personnel in good faith believes is
	255	+	6 having an anaphylactic reaction, administers an opioid
	256	+	7 antagonist to a person whom the school nurse or trained
	257	+	8 personnel in good faith believes is having an opioid overdose,
	258	+	9 or administers undesignated asthma medication to a person whom
	259	+	10 the school nurse or trained personnel in good faith believes
	260	+	11 is having respiratory distress, notwithstanding the lack of
	261	+	12 notice to the parents or guardians of the pupil or the absence
	262	+	13 of the parents or guardians signed statement acknowledging no
	263	+	14 liability, except for willful and wanton conduct, the school
	264	+	15 district, public school, charter school, or nonpublic school
	265	+	16 and its employees and agents, and a physician, a physician
	266	+	17 assistant, or an advanced practice registered nurse providing
	267	+	18 standing protocol and a prescription for undesignated
	268	+	19 epinephrine injectors, an opioid antagonist, or undesignated
	269	+	20 asthma medication, are to incur no liability or professional
	270	+	21 discipline, except for willful and wanton conduct, as a result
	271	+	22 of any injury arising from the use of an undesignated
	272	+	23 epinephrine injector, the use of an opioid antagonist, or the
	273	+	24 use of undesignated asthma medication, regardless of whether
	274	+	25 authorization was given by the pupil's parents or guardians or
	275	+	26 by the pupil's physician, physician assistant, or advanced
563	276
564	277
565		-	action plan may be distributed to appropriate school staff who
566		-	interact with the pupil on a regular basis, and, if
567		-	applicable, may be attached to the pupil's federal Section 504
568		-	plan or individualized education program plan.
569		-	(j-10) To assist schools with emergency response
570		-	procedures for asthma, the State Board of Education, in
571		-	consultation with statewide professional organizations with
572		-	expertise in asthma management and a statewide organization
573		-	representing school administrators, shall develop a model
574		-	asthma episode emergency response protocol before September 1,
575		-	2016. Each school district, charter school, and nonpublic
576		-	school shall adopt an asthma episode emergency response
577		-	protocol before January 1, 2017 that includes all of the
578		-	components of the State Board's model protocol.
579		-	(j-15) Every 2 years, school personnel who work with
580		-	pupils shall complete an in-person or online training program
581		-	on the management of asthma, the prevention of asthma
582		-	symptoms, and emergency response in the school setting. In
583		-	consultation with statewide professional organizations with
584		-	expertise in asthma management, the State Board of Education
585		-	shall make available resource materials for educating school
586		-	personnel about asthma and emergency response in the school
587		-	setting.
588		-	(j-20) On or before October 1, 2016 and every year
589		-	thereafter, the State Board of Education shall submit a report
590		-	to the General Assembly and the Department of Public Health
591	278
592	279
593		-	identifying the frequency and circumstances of opioid
594		-	antagonist administration during the preceding academic year.
595		-	This report shall be published on the State Board's Internet
596		-	website on the date the report is delivered to the General
597		-	Assembly.
598		-	(k) The State Board of Education may adopt rules necessary
599		-	to implement this Section.
600		-	(l) Nothing in this Section shall limit the amount of
601		-	epinephrine injectors that any type of school or student may
602		-	carry or maintain a supply of.
603		-	(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21;
604		-	102-813, eff. 5-13-22.)
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	286	+	1 practice registered nurse.
	287	+	2 (d) The permission for self-administration and self-carry
	288	+	3 of asthma medication or the self-administration and self-carry
	289	+	4 of an epinephrine injector is effective for the school year
	290	+	5 for which it is granted and shall be renewed each subsequent
	291	+	6 school year upon fulfillment of the requirements of this
	292	+	7 Section.
	293	+	8 (e) Provided that the requirements of this Section are
	294	+	9 fulfilled, a pupil with asthma may self-administer and
	295	+	10 self-carry his or her asthma medication or a pupil may
	296	+	11 self-administer and self-carry an epinephrine injector (i)
	297	+	12 while in school, (ii) while at a school-sponsored activity,
	298	+	13 (iii) while under the supervision of school personnel, or (iv)
	299	+	14 before or after normal school activities, such as while in
	300	+	15 before-school or after-school care on school-operated property
	301	+	16 or while being transported on a school bus.
	302	+	17 (e-5) Provided that the requirements of this Section are
	303	+	18 fulfilled, a school nurse or trained personnel may administer
	304	+	19 an undesignated epinephrine injector to any person whom the
	305	+	20 school nurse or trained personnel in good faith believes to be
	306	+	21 having an anaphylactic reaction (i) while in school, (ii)
	307	+	22 while at a school-sponsored activity, (iii) while under the
	308	+	23 supervision of school personnel, or (iv) before or after
	309	+	24 normal school activities, such as while in before-school or
	310	+	25 after-school care on school-operated property or while being
	311	+	26 transported on a school bus. A school nurse or trained
	312	+
	313	+
	314	+
	315	+
	316	+
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	319	+
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	322	+	1 personnel may carry undesignated epinephrine injectors on his
	323	+	2 or her person while in school or at a school-sponsored
	324	+	3 activity.
	325	+	4 (e-10) Provided that the requirements of this Section are
	326	+	5 fulfilled, a school nurse or trained personnel may administer
	327	+	6 an opioid antagonist to any person whom the school nurse or
	328	+	7 trained personnel in good faith believes to be having an
	329	+	8 opioid overdose (i) while in school, (ii) while at a
	330	+	9 school-sponsored activity, (iii) while under the supervision
	331	+	10 of school personnel, or (iv) before or after normal school
	332	+	11 activities, such as while in before-school or after-school
	333	+	12 care on school-operated property. A school nurse or trained
	334	+	13 personnel may carry an opioid antagonist on his or her person
	335	+	14 while in school or at a school-sponsored activity.
	336	+	15 (e-15) If the requirements of this Section are met, a
	337	+	16 school nurse or trained personnel may administer undesignated
	338	+	17 asthma medication to any person whom the school nurse or
	339	+	18 trained personnel in good faith believes to be experiencing
	340	+	19 respiratory distress (i) while in school, (ii) while at a
	341	+	20 school-sponsored activity, (iii) while under the supervision
	342	+	21 of school personnel, or (iv) before or after normal school
	343	+	22 activities, including before-school or after-school care on
	344	+	23 school-operated property. A school nurse or trained personnel
	345	+	24 may carry undesignated asthma medication on his or her person
	346	+	25 while in school or at a school-sponsored activity.
	347	+	26 (f) The school district, public school, charter school, or
	348	+
	349	+
	350	+
	351	+
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	354	+
	355	+
	356	+	HB3428 Enrolled- 11 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 11 - LRB103 29807 RJT 56214 b
	357	+	HB3428 Enrolled - 11 - LRB103 29807 RJT 56214 b
	358	+	1 nonpublic school may maintain a supply of undesignated
	359	+	2 epinephrine injectors in any secure location that is
	360	+	3 accessible before, during, and after school where an allergic
	361	+	4 person is most at risk, including, but not limited to,
	362	+	5 classrooms and lunchrooms. A physician, a physician assistant
	363	+	6 who has prescriptive authority in accordance with Section 7.5
	364	+	7 of the Physician Assistant Practice Act of 1987, or an
	365	+	8 advanced practice registered nurse who has prescriptive
	366	+	9 authority in accordance with Section 65-40 of the Nurse
	367	+	10 Practice Act may prescribe undesignated epinephrine injectors
	368	+	11 in the name of the school district, public school, charter
	369	+	12 school, or nonpublic school to be maintained for use when
	370	+	13 necessary. Any supply of epinephrine injectors shall be
	371	+	14 maintained in accordance with the manufacturer's instructions.
	372	+	15 The school district, public school, charter school, or
	373	+	16 nonpublic school shall may maintain a supply of an opioid
	374	+	17 antagonist in any secure location where an individual may have
	375	+	18 an opioid overdose, unless there is a shortage of opioid
	376	+	19 antagonists, in which case the school district, public school,
	377	+	20 charter school, or nonpublic school shall make a reasonable
	378	+	21 effort to maintain a supply of an opioid antagonist. Unless
	379	+	22 the school district, public school, charter school, or
	380	+	23 nonpublic school is able to obtain opioid antagonists without
	381	+	24 a prescription, a A health care professional who has been
	382	+	25 delegated prescriptive authority for opioid antagonists in
	383	+	26 accordance with Section 5-23 of the Substance Use Disorder Act
	384	+
	385	+
	386	+
	387	+
	388	+
	389	+	HB3428 Enrolled - 11 - LRB103 29807 RJT 56214 b
	390	+
	391	+
	392	+	HB3428 Enrolled- 12 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 12 - LRB103 29807 RJT 56214 b
	393	+	HB3428 Enrolled - 12 - LRB103 29807 RJT 56214 b
	394	+	1 shall may prescribe opioid antagonists in the name of the
	395	+	2 school district, public school, charter school, or nonpublic
	396	+	3 school, to be maintained for use when necessary. Any supply of
	397	+	4 opioid antagonists shall be maintained in accordance with the
	398	+	5 manufacturer's instructions.
	399	+	6 The school district, public school, charter school, or
	400	+	7 nonpublic school may maintain a supply of asthma medication in
	401	+	8 any secure location that is accessible before, during, or
	402	+	9 after school where a person is most at risk, including, but not
	403	+	10 limited to, a classroom or the nurse's office. A physician, a
	404	+	11 physician assistant who has prescriptive authority under
	405	+	12 Section 7.5 of the Physician Assistant Practice Act of 1987,
	406	+	13 or an advanced practice registered nurse who has prescriptive
	407	+	14 authority under Section 65-40 of the Nurse Practice Act may
	408	+	15 prescribe undesignated asthma medication in the name of the
	409	+	16 school district, public school, charter school, or nonpublic
	410	+	17 school to be maintained for use when necessary. Any supply of
	411	+	18 undesignated asthma medication must be maintained in
	412	+	19 accordance with the manufacturer's instructions.
	413	+	20 (f-3) Whichever entity initiates the process of obtaining
	414	+	21 undesignated epinephrine injectors and providing training to
	415	+	22 personnel for carrying and administering undesignated
	416	+	23 epinephrine injectors shall pay for the costs of the
	417	+	24 undesignated epinephrine injectors.
	418	+	25 (f-5) Upon any administration of an epinephrine injector,
	419	+	26 a school district, public school, charter school, or nonpublic
	420	+
	421	+
	422	+
	423	+
	424	+
	425	+	HB3428 Enrolled - 12 - LRB103 29807 RJT 56214 b
	426	+
	427	+
	428	+	HB3428 Enrolled- 13 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 13 - LRB103 29807 RJT 56214 b
	429	+	HB3428 Enrolled - 13 - LRB103 29807 RJT 56214 b
	430	+	1 school must immediately activate the EMS system and notify the
	431	+	2 student's parent, guardian, or emergency contact, if known.
	432	+	3 Upon any administration of an opioid antagonist, a school
	433	+	4 district, public school, charter school, or nonpublic school
	434	+	5 must immediately activate the EMS system and notify the
	435	+	6 student's parent, guardian, or emergency contact, if known.
	436	+	7 (f-10) Within 24 hours of the administration of an
	437	+	8 undesignated epinephrine injector, a school district, public
	438	+	9 school, charter school, or nonpublic school must notify the
	439	+	10 physician, physician assistant, or advanced practice
	440	+	11 registered nurse who provided the standing protocol and a
	441	+	12 prescription for the undesignated epinephrine injector of its
	442	+	13 use.
	443	+	14 Within 24 hours after the administration of an opioid
	444	+	15 antagonist, a school district, public school, charter school,
	445	+	16 or nonpublic school must notify the health care professional
	446	+	17 who provided the prescription for the opioid antagonist of its
	447	+	18 use.
	448	+	19 Within 24 hours after the administration of undesignated
	449	+	20 asthma medication, a school district, public school, charter
	450	+	21 school, or nonpublic school must notify the student's parent
	451	+	22 or guardian or emergency contact, if known, and the physician,
	452	+	23 physician assistant, or advanced practice registered nurse who
	453	+	24 provided the standing protocol and a prescription for the
	454	+	25 undesignated asthma medication of its use. The district or
	455	+	26 school must follow up with the school nurse, if available, and
	456	+
	457	+
	458	+
	459	+
	460	+
	461	+	HB3428 Enrolled - 13 - LRB103 29807 RJT 56214 b
	462	+
	463	+
	464	+	HB3428 Enrolled- 14 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 14 - LRB103 29807 RJT 56214 b
	465	+	HB3428 Enrolled - 14 - LRB103 29807 RJT 56214 b
	466	+	1 may, with the consent of the child's parent or guardian,
	467	+	2 notify the child's health care provider of record, as
	468	+	3 determined under this Section, of its use.
	469	+	4 (g) Prior to the administration of an undesignated
	470	+	5 epinephrine injector, trained personnel must submit to the
	471	+	6 school's administration proof of completion of a training
	472	+	7 curriculum to recognize and respond to anaphylaxis that meets
	473	+	8 the requirements of subsection (h) of this Section. Training
	474	+	9 must be completed annually. The school district, public
	475	+	10 school, charter school, or nonpublic school must maintain
	476	+	11 records related to the training curriculum and trained
	477	+	12 personnel.
	478	+	13 Prior to the administration of an opioid antagonist,
	479	+	14 trained personnel must submit to the school's administration
	480	+	15 proof of completion of a training curriculum to recognize and
	481	+	16 respond to an opioid overdose, which curriculum must meet the
	482	+	17 requirements of subsection (h-5) of this Section. Training
	483	+	18 must be completed annually. Trained personnel must also submit
	484	+	19 to the school's administration proof of cardiopulmonary
	485	+	20 resuscitation and automated external defibrillator
	486	+	21 certification. The school district, public school, charter
	487	+	22 school, or nonpublic school must maintain records relating to
	488	+	23 the training curriculum and the trained personnel.
	489	+	24 Prior to the administration of undesignated asthma
	490	+	25 medication, trained personnel must submit to the school's
	491	+	26 administration proof of completion of a training curriculum to
	492	+
	493	+
	494	+
	495	+
	496	+
	497	+	HB3428 Enrolled - 14 - LRB103 29807 RJT 56214 b
	498	+
	499	+
	500	+	HB3428 Enrolled- 15 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 15 - LRB103 29807 RJT 56214 b
	501	+	HB3428 Enrolled - 15 - LRB103 29807 RJT 56214 b
	502	+	1 recognize and respond to respiratory distress, which must meet
	503	+	2 the requirements of subsection (h-10) of this Section.
	504	+	3 Training must be completed annually, and the school district,
	505	+	4 public school, charter school, or nonpublic school must
	506	+	5 maintain records relating to the training curriculum and the
	507	+	6 trained personnel.
	508	+	7 (h) A training curriculum to recognize and respond to
	509	+	8 anaphylaxis, including the administration of an undesignated
	510	+	9 epinephrine injector, may be conducted online or in person.
	511	+	10 Training shall include, but is not limited to:
	512	+	11 (1) how to recognize signs and symptoms of an allergic
	513	+	12 reaction, including anaphylaxis;
	514	+	13 (2) how to administer an epinephrine injector; and
	515	+	14 (3) a test demonstrating competency of the knowledge
	516	+	15 required to recognize anaphylaxis and administer an
	517	+	16 epinephrine injector.
	518	+	17 Training may also include, but is not limited to:
	519	+	18 (A) a review of high-risk areas within a school and
	520	+	19 its related facilities;
	521	+	20 (B) steps to take to prevent exposure to allergens;
	522	+	21 (C) emergency follow-up procedures, including the
	523	+	22 importance of calling 9-1-1 or, if 9-1-1 is not available,
	524	+	23 other local emergency medical services;
	525	+	24 (D) how to respond to a student with a known allergy,
	526	+	25 as well as a student with a previously unknown allergy;
	527	+	26 (E) other criteria as determined in rules adopted
	528	+
	529	+
	530	+
	531	+
	532	+
	533	+	HB3428 Enrolled - 15 - LRB103 29807 RJT 56214 b
	534	+
	535	+
	536	+	HB3428 Enrolled- 16 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 16 - LRB103 29807 RJT 56214 b
	537	+	HB3428 Enrolled - 16 - LRB103 29807 RJT 56214 b
	538	+	1 pursuant to this Section; and
	539	+	2 (F) any policy developed by the State Board of
	540	+	3 Education under Section 2-3.190.
	541	+	4 In consultation with statewide professional organizations
	542	+	5 representing physicians licensed to practice medicine in all
	543	+	6 of its branches, registered nurses, and school nurses, the
	544	+	7 State Board of Education shall make available resource
	545	+	8 materials consistent with criteria in this subsection (h) for
	546	+	9 educating trained personnel to recognize and respond to
	547	+	10 anaphylaxis. The State Board may take into consideration the
	548	+	11 curriculum on this subject developed by other states, as well
	549	+	12 as any other curricular materials suggested by medical experts
	550	+	13 and other groups that work on life-threatening allergy issues.
	551	+	14 The State Board is not required to create new resource
	552	+	15 materials. The State Board shall make these resource materials
	553	+	16 available on its Internet website.
	554	+	17 (h-5) A training curriculum to recognize and respond to an
	555	+	18 opioid overdose, including the administration of an opioid
	556	+	19 antagonist, may be conducted online or in person. The training
	557	+	20 must comply with any training requirements under Section 5-23
	558	+	21 of the Substance Use Disorder Act and the corresponding rules.
	559	+	22 It must include, but is not limited to:
	560	+	23 (1) how to recognize symptoms of an opioid overdose;
	561	+	24 (2) information on drug overdose prevention and
	562	+	25 recognition;
	563	+	26 (3) how to perform rescue breathing and resuscitation;
	564	+
	565	+
	566	+
	567	+
	568	+
	569	+	HB3428 Enrolled - 16 - LRB103 29807 RJT 56214 b
	570	+
	571	+
	572	+	HB3428 Enrolled- 17 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 17 - LRB103 29807 RJT 56214 b
	573	+	HB3428 Enrolled - 17 - LRB103 29807 RJT 56214 b
	574	+	1 (4) how to respond to an emergency involving an opioid
	575	+	2 overdose;
	576	+	3 (5) opioid antagonist dosage and administration;
	577	+	4 (6) the importance of calling 9-1-1 or, if 9-1-1 is
	578	+	5 not available, other local emergency medical services;
	579	+	6 (7) care for the overdose victim after administration
	580	+	7 of the overdose antagonist;
	581	+	8 (8) a test demonstrating competency of the knowledge
	582	+	9 required to recognize an opioid overdose and administer a
	583	+	10 dose of an opioid antagonist; and
	584	+	11 (9) other criteria as determined in rules adopted
	585	+	12 pursuant to this Section.
	586	+	13 (h-10) A training curriculum to recognize and respond to
	587	+	14 respiratory distress, including the administration of
	588	+	15 undesignated asthma medication, may be conducted online or in
	589	+	16 person. The training must include, but is not limited to:
	590	+	17 (1) how to recognize symptoms of respiratory distress
	591	+	18 and how to distinguish respiratory distress from
	592	+	19 anaphylaxis;
	593	+	20 (2) how to respond to an emergency involving
	594	+	21 respiratory distress;
	595	+	22 (3) asthma medication dosage and administration;
	596	+	23 (4) the importance of calling 9-1-1 or, if 9-1-1 is
	597	+	24 not available, other local emergency medical services;
	598	+	25 (5) a test demonstrating competency of the knowledge
	599	+	26 required to recognize respiratory distress and administer
	600	+
	601	+
	602	+
	603	+
	604	+
	605	+	HB3428 Enrolled - 17 - LRB103 29807 RJT 56214 b
	606	+
	607	+
	608	+	HB3428 Enrolled- 18 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 18 - LRB103 29807 RJT 56214 b
	609	+	HB3428 Enrolled - 18 - LRB103 29807 RJT 56214 b
	610	+	1 asthma medication; and
	611	+	2 (6) other criteria as determined in rules adopted
	612	+	3 under this Section.
	613	+	4 (i) Within 3 days after the administration of an
	614	+	5 undesignated epinephrine injector by a school nurse, trained
	615	+	6 personnel, or a student at a school or school-sponsored
	616	+	7 activity, the school must report to the State Board of
	617	+	8 Education in a form and manner prescribed by the State Board
	618	+	9 the following information:
	619	+	10 (1) age and type of person receiving epinephrine
	620	+	11 (student, staff, visitor);
	621	+	12 (2) any previously known diagnosis of a severe
	622	+	13 allergy;
	623	+	14 (3) trigger that precipitated allergic episode;
	624	+	15 (4) location where symptoms developed;
	625	+	16 (5) number of doses administered;
	626	+	17 (6) type of person administering epinephrine (school
	627	+	18 nurse, trained personnel, student); and
	628	+	19 (7) any other information required by the State Board.
	629	+	20 If a school district, public school, charter school, or
	630	+	21 nonpublic school maintains or has an independent contractor
	631	+	22 providing transportation to students who maintains a supply of
	632	+	23 undesignated epinephrine injectors, then the school district,
	633	+	24 public school, charter school, or nonpublic school must report
	634	+	25 that information to the State Board of Education upon adoption
	635	+	26 or change of the policy of the school district, public school,
	636	+
	637	+
	638	+
	639	+
	640	+
	641	+	HB3428 Enrolled - 18 - LRB103 29807 RJT 56214 b
	642	+
	643	+
	644	+	HB3428 Enrolled- 19 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 19 - LRB103 29807 RJT 56214 b
	645	+	HB3428 Enrolled - 19 - LRB103 29807 RJT 56214 b
	646	+	1 charter school, nonpublic school, or independent contractor,
	647	+	2 in a manner as prescribed by the State Board. The report must
	648	+	3 include the number of undesignated epinephrine injectors in
	649	+	4 supply.
	650	+	5 (i-5) Within 3 days after the administration of an opioid
	651	+	6 antagonist by a school nurse or trained personnel, the school
	652	+	7 must report to the State Board of Education, in a form and
	653	+	8 manner prescribed by the State Board, the following
	654	+	9 information:
	655	+	10 (1) the age and type of person receiving the opioid
	656	+	11 antagonist (student, staff, or visitor);
	657	+	12 (2) the location where symptoms developed;
	658	+	13 (3) the type of person administering the opioid
	659	+	14 antagonist (school nurse or trained personnel); and
	660	+	15 (4) any other information required by the State Board.
	661	+	16 (i-10) Within 3 days after the administration of
	662	+	17 undesignated asthma medication by a school nurse, trained
	663	+	18 personnel, or a student at a school or school-sponsored
	664	+	19 activity, the school must report to the State Board of
	665	+	20 Education, on a form and in a manner prescribed by the State
	666	+	21 Board of Education, the following information:
	667	+	22 (1) the age and type of person receiving the asthma
	668	+	23 medication (student, staff, or visitor);
	669	+	24 (2) any previously known diagnosis of asthma for the
	670	+	25 person;
	671	+	26 (3) the trigger that precipitated respiratory
	672	+
	673	+
	674	+
	675	+
	676	+
	677	+	HB3428 Enrolled - 19 - LRB103 29807 RJT 56214 b
	678	+
	679	+
	680	+	HB3428 Enrolled- 20 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 20 - LRB103 29807 RJT 56214 b
	681	+	HB3428 Enrolled - 20 - LRB103 29807 RJT 56214 b
	682	+	1 distress, if identifiable;
	683	+	2 (4) the location of where the symptoms developed;
	684	+	3 (5) the number of doses administered;
	685	+	4 (6) the type of person administering the asthma
	686	+	5 medication (school nurse, trained personnel, or student);
	687	+	6 (7) the outcome of the asthma medication
	688	+	7 administration; and
	689	+	8 (8) any other information required by the State Board.
	690	+	9 (j) By October 1, 2015 and every year thereafter, the
	691	+	10 State Board of Education shall submit a report to the General
	692	+	11 Assembly identifying the frequency and circumstances of
	693	+	12 undesignated epinephrine and undesignated asthma medication
	694	+	13 administration during the preceding academic year. Beginning
	695	+	14 with the 2017 report, the report shall also contain
	696	+	15 information on which school districts, public schools, charter
	697	+	16 schools, and nonpublic schools maintain or have independent
	698	+	17 contractors providing transportation to students who maintain
	699	+	18 a supply of undesignated epinephrine injectors. This report
	700	+	19 shall be published on the State Board's Internet website on
	701	+	20 the date the report is delivered to the General Assembly.
	702	+	21 (j-5) Annually, each school district, public school,
	703	+	22 charter school, or nonpublic school shall request an asthma
	704	+	23 action plan from the parents or guardians of a pupil with
	705	+	24 asthma. If provided, the asthma action plan must be kept on
	706	+	25 file in the office of the school nurse or, in the absence of a
	707	+	26 school nurse, the school administrator. Copies of the asthma
	708	+
	709	+
	710	+
	711	+
	712	+
	713	+	HB3428 Enrolled - 20 - LRB103 29807 RJT 56214 b
	714	+
	715	+
	716	+	HB3428 Enrolled- 21 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 21 - LRB103 29807 RJT 56214 b
	717	+	HB3428 Enrolled - 21 - LRB103 29807 RJT 56214 b
	718	+	1 action plan may be distributed to appropriate school staff who
	719	+	2 interact with the pupil on a regular basis, and, if
	720	+	3 applicable, may be attached to the pupil's federal Section 504
	721	+	4 plan or individualized education program plan.
	722	+	5 (j-10) To assist schools with emergency response
	723	+	6 procedures for asthma, the State Board of Education, in
	724	+	7 consultation with statewide professional organizations with
	725	+	8 expertise in asthma management and a statewide organization
	726	+	9 representing school administrators, shall develop a model
	727	+	10 asthma episode emergency response protocol before September 1,
	728	+	11 2016. Each school district, charter school, and nonpublic
	729	+	12 school shall adopt an asthma episode emergency response
	730	+	13 protocol before January 1, 2017 that includes all of the
	731	+	14 components of the State Board's model protocol.
	732	+	15 (j-15) Every 2 years, school personnel who work with
	733	+	16 pupils shall complete an in-person or online training program
	734	+	17 on the management of asthma, the prevention of asthma
	735	+	18 symptoms, and emergency response in the school setting. In
	736	+	19 consultation with statewide professional organizations with
	737	+	20 expertise in asthma management, the State Board of Education
	738	+	21 shall make available resource materials for educating school
	739	+	22 personnel about asthma and emergency response in the school
	740	+	23 setting.
	741	+	24 (j-20) On or before October 1, 2016 and every year
	742	+	25 thereafter, the State Board of Education shall submit a report
	743	+	26 to the General Assembly and the Department of Public Health
	744	+
	745	+
	746	+
	747	+
	748	+
	749	+	HB3428 Enrolled - 21 - LRB103 29807 RJT 56214 b
	750	+
	751	+
	752	+	HB3428 Enrolled- 22 -LRB103 29807 RJT 56214 b HB3428 Enrolled - 22 - LRB103 29807 RJT 56214 b
	753	+	HB3428 Enrolled - 22 - LRB103 29807 RJT 56214 b
	754	+	1 identifying the frequency and circumstances of opioid
	755	+	2 antagonist administration during the preceding academic year.
	756	+	3 This report shall be published on the State Board's Internet
	757	+	4 website on the date the report is delivered to the General
	758	+	5 Assembly.
	759	+	6 (k) The State Board of Education may adopt rules necessary
	760	+	7 to implement this Section.
	761	+	8 (l) Nothing in this Section shall limit the amount of
	762	+	9 epinephrine injectors that any type of school or student may
	763	+	10 carry or maintain a supply of.
	764	+	11 (Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21;
	765	+	12 102-813, eff. 5-13-22.)
	766	+
	767	+
	768	+
	769	+
	770	+
	771	+	HB3428 Enrolled - 22 - LRB103 29807 RJT 56214 b