SCH CD-ASTHMA MEDICATION

Illinois General Assembly - Full Text of HB4247

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HB4247 - 104th General Assembly

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HB4247 Enrolled
LRB104 16732 LNS 30139 b
1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Section
5
22-30 as follows:

6

(105 ILCS 5/22-30)
7

Sec. 22-30.
Self-administration and self-carry of asthma
8
medication and epinephrine injectors; administration of
9
undesignated epinephrine injectors; administration of an
10
opioid antagonist; administration of undesignated asthma
11
medication; supply of undesignated oxygen tanks; asthma
12
episode emergency response protocol.
13

(a) For the purpose of this Section only, the following
14
terms shall have the meanings set forth below:
15

"Asthma action plan" means a written plan developed with a
16
pupil's medical provider to help control the pupil's asthma.
17
The goal of an asthma action plan is to reduce or prevent
18
flare-ups and emergency department visits through day-to-day
19
management and to serve as a student-specific document to be
20
referenced in the event of an asthma episode.
21

"Asthma episode emergency response protocol" means a
22
procedure to provide assistance to a pupil experiencing
23
symptoms of wheezing, coughing, shortness of breath, chest

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
tightness, or breathing difficulty.
2

"Epinephrine injector" includes an auto-injector approved
3
by the United States Food and Drug Administration for the
4
administration of epinephrine and a pre-filled syringe
5
approved by the United States Food and Drug Administration and
6
used for the administration of epinephrine that contains a
7
pre-measured dose of epinephrine that is equivalent to the
8
dosages used in an auto-injector.
9

"Asthma medication" means quick-relief asthma medication,
10
including albuterol or other short-acting bronchodilators,
11
that is approved by the United States Food and Drug
12
Administration for the treatment of respiratory distress.
13
"Asthma medication" includes medication delivered through a
14
device, including a metered dose inhaler with a reusable or
15
disposable spacer or a nebulizer with a mouthpiece or mask.
16

"Athletic trainer" means a licensed athletic trainer hired
17
by or contracted by a school district or the governing body of
18
a charter school or nonpublic school to aid a school in the
19
evaluation, prevention, or physical reconditioning of injuries
20
and the management of asthma, the prevention of asthma
21
symptoms, and emergency asthma response in a school setting.

22

"Coach" means a volunteer or employee of a school who is
23
responsible for organizing and supervising students to teach
24
or train them in the fundamental skills of an interscholastic
25
athletic activity. "Coach" refers to both a head coach and an
26
assistant coach.

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1

"Opioid antagonist" means a drug that binds to opioid
2
receptors and blocks or inhibits the effect of opioids acting
3
on those receptors, including, but not limited to, naloxone
4
hydrochloride or any other similarly acting drug approved by
5
the U.S. Food and Drug Administration.
6

"Respiratory distress" means the perceived or actual
7
presence of wheezing, coughing, shortness of breath, chest
8
tightness, breathing difficulty, or any other symptoms
9
consistent with asthma. Respiratory distress may be
10
categorized as "mild-to-moderate" or "severe".
11

"School nurse" means a registered nurse working in a
12
school with or without licensure endorsed in school nursing.
13

"Self-administration" means a pupil's discretionary use of
14
his or her prescribed asthma medication or epinephrine
15
injector.
16

"Self-carry" means a pupil's ability to carry his or her
17
prescribed asthma medication or epinephrine injector.
18

"Standing protocol" may be issued by (i) a physician
19
licensed to practice medicine in all its branches, (ii) a
20
licensed physician assistant with prescriptive authority, or
21
(iii) a licensed advanced practice registered nurse with
22
prescriptive authority.
23

"Trained personnel" means any school employee
, coach,
24
athletic trainer,
or volunteer personnel authorized in
25
Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who
26
has completed training under subsection (g) of this Section to

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
recognize and respond to anaphylaxis, an opioid overdose, or
2
respiratory distress.
3

"Undesignated asthma medication" means asthma medication
4
prescribed in the name of a school district, public school,
5
charter school, or nonpublic school.
6

"Undesignated epinephrine injector" means an epinephrine
7
injector prescribed in the name of a school district, public
8
school, charter school, or nonpublic school.
9

(b) A school, whether public, charter, or nonpublic, must
10
permit the self-administration and self-carry of asthma
11
medication by a pupil with asthma or the self-administration
12
and self-carry of an epinephrine injector by a pupil, provided
13
that:
14

(1) the parents or guardians of the pupil provide to
15

the school (i) written authorization from the parents or
16

guardians for (A) the self-administration and self-carry
17

of asthma medication or (B) the self-carry of asthma
18

medication or (ii) for (A) the self-administration and
19

self-carry of an epinephrine injector or (B) the
20

self-carry of an epinephrine injector, written
21

authorization from the pupil's physician, physician
22

assistant, or advanced practice registered nurse; and
23

(2) the parents or guardians of the pupil provide to
24

the school (i) the prescription label, which must contain
25

the name of the asthma medication, the prescribed dosage,
26

and the time at which or circumstances under which the

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1

asthma medication is to be administered, or (ii) for the
2

self-administration or self-carry of an epinephrine
3

injector, a written statement from the pupil's physician,
4

physician assistant, or advanced practice registered nurse
5

containing the following information:
6

(A) the name and purpose of the epinephrine
7

injector;
8

(B) the prescribed dosage; and
9

(C) the time or times at which or the special
10

circumstances under which the epinephrine injector is
11

to be administered.
12
The information provided shall be kept on file in the office of
13
the school nurse or, in the absence of a school nurse, the
14
school's administrator.
15

(b-5) A school district, public school, charter school, or
16
nonpublic school may authorize the provision of a
17
student-specific or undesignated epinephrine injector to a
18
student or any personnel authorized under a student's
19
Individual Health Care Action Plan, allergy emergency action
20
plan, or plan pursuant to Section 504 of the federal
21
Rehabilitation Act of 1973 to administer an epinephrine
22
injector to the student, that meets the student's prescription
23
on file.
24

(b-10) The school district, public school, charter school,
25
or nonpublic school may authorize a school nurse or trained
26
personnel to do the following: (i) provide an undesignated

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

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
student who has an Individual Health Care Action Plan or
2
asthma action plan, plan pursuant to Section 504 of the
3
federal Rehabilitation Act of 1973, or individualized
4
education program plan that authorizes the use of asthma
5
medication; and (vii) administer undesignated asthma
6
medication to any person that the school nurse or trained
7
personnel believes in good faith is having respiratory
8
distress.
9

(c) The school district, public school, charter school, or
10
nonpublic school must inform the parents or guardians of the
11
pupil, in writing, that the school district, public school,
12
charter school, or nonpublic school and its employees and
13
agents, including a physician, physician assistant, or
14
advanced practice registered nurse providing standing protocol
15
and a prescription for school epinephrine injectors, an opioid
16
antagonist, or undesignated asthma medication, are to incur no
17
liability or professional discipline, except for willful and
18
wanton conduct, as a result of any injury arising from the
19
administration of asthma medication, an epinephrine injector,
20
or an opioid antagonist regardless of whether authorization
21
was given by the pupil's parents or guardians or by the pupil's
22
physician, physician assistant, or advanced practice
23
registered nurse. The parents or guardians of the pupil must
24
sign a statement acknowledging that the school district,
25
public school, charter school, or nonpublic school and its
26
employees and agents are to incur no liability, except for

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
willful and wanton conduct, as a result of any injury arising
2
from the administration of asthma medication, an epinephrine
3
injector, or an opioid antagonist regardless of whether
4
authorization was given by the pupil's parents or guardians or
5
by the pupil's physician, physician assistant, or advanced
6
practice registered nurse and that the parents or guardians
7
must indemnify and hold harmless the school district, public
8
school, charter school, or nonpublic school and its employees
9
and agents against any claims, except a claim based on willful
10
and wanton conduct, arising out of the administration of
11
asthma medication, an epinephrine injector, or an opioid
12
antagonist regardless of whether authorization was given by
13
the pupil's parents or guardians or by the pupil's physician,
14
physician assistant, or advanced practice registered nurse.
15

(c-5) When a school nurse or trained personnel administers
16
an undesignated epinephrine injector to a person whom the
17
school nurse or trained personnel in good faith believes is
18
having an anaphylactic reaction, administers an opioid
19
antagonist to a person whom the school nurse or trained
20
personnel in good faith believes is having an opioid overdose,
21
or administers undesignated asthma medication to a person whom
22
the school nurse or trained personnel in good faith believes
23
is having respiratory distress, notwithstanding the lack of
24
notice to the parents or guardians of the pupil or the absence
25
of the parents or guardians signed statement acknowledging no
26
liability, except for willful and wanton conduct, the school

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
district, public school, charter school, or nonpublic school
2
and its employees and agents, and a physician, a physician
3
assistant, or an advanced practice registered nurse providing
4
standing protocol and a prescription for undesignated
5
epinephrine injectors, an opioid antagonist, or undesignated
6
asthma medication, are to incur no liability or professional
7
discipline, except for willful and wanton conduct, as a result
8
of any injury arising from the use of an undesignated
9
epinephrine injector, the use of an opioid antagonist, or the
10
use of undesignated asthma medication, regardless of whether
11
authorization was given by the pupil's parents or guardians or
12
by the pupil's physician, physician assistant, or advanced
13
practice registered nurse.
14

(d) The permission for self-administration and self-carry
15
of asthma medication or the self-administration and self-carry
16
of an epinephrine injector is effective for the school year
17
for which it is granted and shall be renewed each subsequent
18
school year upon fulfillment of the requirements of this
19
Section.
20

(e) Provided that the requirements of this Section are
21
fulfilled, a pupil with asthma may self-administer and
22
self-carry his or her asthma medication or a pupil may
23
self-administer and self-carry an epinephrine injector (i)
24
while in school, (ii) while at a school-sponsored activity,
25
(iii) while under the supervision of school personnel, or (iv)
26
before or after normal school activities, such as while in

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
before-school or after-school care on school-operated property
2
or while being transported on a school bus.
3

(e-5) Provided that the requirements of this Section are
4
fulfilled, a school nurse or trained personnel may administer
5
an undesignated epinephrine injector to any person whom the
6
school nurse or trained personnel in good faith believes to be
7
having an anaphylactic reaction (i) while in school, (ii)
8
while at a school-sponsored activity, (iii) while under the
9
supervision of school personnel, or (iv) before or after
10
normal school activities, such as while in before-school or
11
after-school care on school-operated property or while being
12
transported on a school bus. A school nurse or trained
13
personnel may carry undesignated epinephrine injectors on his
14
or her person while in school or at a school-sponsored
15
activity.
16

(e-10) Provided that the requirements of this Section are
17
fulfilled, a school nurse or trained personnel may administer
18
an opioid antagonist to any person whom the school nurse or
19
trained personnel in good faith believes to be having an
20
opioid overdose (i) while in school, (ii) while at a
21
school-sponsored activity, (iii) while under the supervision
22
of school personnel, or (iv) before or after normal school
23
activities, such as while in before-school or after-school
24
care on school-operated property. A school nurse or trained
25
personnel may carry an opioid antagonist on his or her person
26
while in school or at a school-sponsored activity.

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1

(e-15) If the requirements of this Section are met, a
2
school nurse or trained personnel may administer undesignated
3
asthma medication to any person whom the school nurse or
4
trained personnel in good faith believes to be experiencing
5
respiratory distress (i) while in school, (ii) while at a
6
school-sponsored activity, (iii) while under the supervision
7
of school personnel, or (iv) before or after normal school
8
activities, including before-school or after-school care on
9
school-operated property. A school nurse or trained personnel
10
may carry undesignated asthma medication on his or her person
11
while in school or at a school-sponsored activity.
12

(f) The school district, public school, charter school, or
13
nonpublic school may maintain a supply of undesignated
14
epinephrine injectors in any secure location that is
15
accessible before, during, and after school where an allergic
16
person is most at risk, including, but not limited to,
17
classrooms and lunchrooms. A physician, a physician assistant
18
who has prescriptive authority in accordance with Section 7.5
19
of the Physician Assistant Practice Act of 1987, or an
20
advanced practice registered nurse who has prescriptive
21
authority in accordance with Section 65-40 of the Nurse
22
Practice Act may prescribe undesignated epinephrine injectors
23
in the name of the school district, public school, charter
24
school, or nonpublic school to be maintained for use when
25
necessary. Any supply of epinephrine injectors shall be
26
maintained in accordance with the manufacturer's instructions.

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1

The school district, public school, charter school, or
2
nonpublic school shall maintain a supply of an opioid
3
antagonist in any secure location where an individual may have
4
an opioid overdose, unless there is a shortage of opioid
5
antagonists, in which case the school district, public school,
6
charter school, or nonpublic school shall make a reasonable
7
effort to maintain a supply of an opioid antagonist. Unless
8
the school district, public school, charter school, or
9
nonpublic school is able to obtain opioid antagonists without
10
a prescription, a health care professional who has been
11
delegated prescriptive authority for opioid antagonists in
12
accordance with Section 5-23 of the Substance Use Disorder Act
13
shall prescribe opioid antagonists in the name of the school
14
district, public school, charter school, or nonpublic school,
15
to be maintained for use when necessary. Any supply of opioid
16
antagonists shall be maintained in accordance with the
17
manufacturer's instructions.
18

The school district, public school, charter school, or
19
nonpublic school may maintain a supply of asthma medication in
20
any secure location that is accessible before, during, or
21
after school where a person is most at risk, including, but not
22
limited to, a classroom
,

or
the nurse's office
, or a practice
23
field or gym
. A physician, a physician assistant who has
24
prescriptive authority under Section 7.5 of the Physician
25
Assistant Practice Act of 1987, or an advanced practice
26
registered nurse who has prescriptive authority under Section

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
65-40 of the Nurse Practice Act may prescribe undesignated
2
asthma medication in the name of the school district, public
3
school, charter school, or nonpublic school to be maintained
4
for use when necessary. Any supply of undesignated asthma
5
medication must be maintained in accordance with the
6
manufacturer's instructions.
7

A school district that provides special educational
8
facilities for children with disabilities under Section
9
14-4.01 of this Code may maintain a supply of undesignated
10
oxygen tanks in any secure location that is accessible before,
11
during, and after school where a person with developmental
12
disabilities is most at risk, including, but not limited to,
13
classrooms and lunchrooms. A physician, a physician assistant
14
who has prescriptive authority in accordance with Section 7.5
15
of the Physician Assistant Practice Act of 1987, or an
16
advanced practice registered nurse who has prescriptive
17
authority in accordance with Section 65-40 of the Nurse
18
Practice Act may prescribe undesignated oxygen tanks in the
19
name of the school district that provides special educational
20
facilities for children with disabilities under Section
21
14-4.01 of this Code to be maintained for use when necessary.
22
Any supply of oxygen tanks shall be maintained in accordance
23
with the manufacturer's instructions and with the local fire
24
department's rules.
25

(f-3) Whichever entity initiates the process of obtaining
26
undesignated epinephrine injectors and providing training to

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
personnel for carrying and administering undesignated
2
epinephrine injectors shall pay for the costs of the
3
undesignated epinephrine injectors.
4

(f-5) Upon any administration of an epinephrine injector,
5
a school district, public school, charter school, or nonpublic
6
school must immediately activate the EMS system and notify the
7
student's parent, guardian, or emergency contact, if known.
8

Upon any administration of an opioid antagonist, a school
9
district, public school, charter school, or nonpublic school
10
must immediately activate the EMS system and notify the
11
student's parent, guardian, or emergency contact, if known.
12

(f-10) Within 24 hours of the administration of an
13
undesignated epinephrine injector, a school district, public
14
school, charter school, or nonpublic school must notify the
15
physician, physician assistant, or advanced practice
16
registered nurse who provided the standing protocol and a
17
prescription for the undesignated epinephrine injector of its
18
use.
19

Within 24 hours after the administration of an opioid
20
antagonist, a school district, public school, charter school,
21
or nonpublic school must notify the health care professional
22
who provided the prescription for the opioid antagonist of its
23
use.
24

Within 24 hours after the administration of undesignated
25
asthma medication, a school district, public school, charter
26
school, or nonpublic school must notify the student's parent

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
or guardian or emergency contact, if known, and the physician,
2
physician assistant, or advanced practice registered nurse who
3
provided the standing protocol and a prescription for the
4
undesignated asthma medication of its use. The district or
5
school must follow up with the school nurse, if available, and
6
may, with the consent of the child's parent or guardian,
7
notify the child's health care provider of record, as
8
determined under this Section, of its use.
9

(g) Prior to the administration of an undesignated
10
epinephrine injector, trained personnel must submit to the
11
school's administration proof of completion of a training
12
curriculum to recognize and respond to anaphylaxis that meets
13
the requirements of subsection (h) of this Section. Training
14
must be completed annually. The school district, public
15
school, charter school, or nonpublic school must maintain
16
records related to the training curriculum and trained
17
personnel.
18

Prior to the administration of an opioid antagonist,
19
trained personnel must submit to the school's administration
20
proof of completion of a training curriculum to recognize and
21
respond to an opioid overdose, which curriculum must meet the
22
requirements of subsection (h-5) of this Section. The school
23
district, public school, charter school, or nonpublic school
24
must maintain records relating to the training curriculum and
25
the trained personnel.
26

Prior to the administration of undesignated asthma

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1
medication, trained personnel must submit to the school's
2
administration proof of completion of a training curriculum to
3
recognize and respond to respiratory distress, which must meet
4
the requirements of subsection (h-10) of this Section.
5
Training must be completed annually, and the school district,
6
public school, charter school, or nonpublic school must
7
maintain records relating to the training curriculum and the
8
trained personnel.
9

(h) A training curriculum to recognize and respond to
10
anaphylaxis, including the administration of an undesignated
11
epinephrine injector, may be conducted online or in person.
12

Training shall include, but is not limited to:
13

(1) how to recognize signs and symptoms of an allergic
14

reaction, including anaphylaxis;
15

(2) how to administer an epinephrine injector; and
16

(3) a test demonstrating competency of the knowledge
17

required to recognize anaphylaxis and administer an
18

epinephrine injector.
19

Training may also include, but is not limited to:
20

(A) a review of high-risk areas within a school and
21

its related facilities;
22

(B) steps to take to prevent exposure to allergens;
23

(C) emergency follow-up procedures, including the
24

importance of calling 9-1-1 or, if 9-1-1 is not available,
25

other local emergency medical services;
26

(D) how to respond to a student with a known allergy,

HB4247 Enrolled
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LRB104 16732 LNS 30139 b
1

as well as a student with a previously unknown allergy;
2

(E) other criteria as determined in rules adopted
3

pursuant to this Section; and
4

(F) any policy developed by the State Board of
5

Education under Section 2-3.190.
6

In consultation with statewide professional organizations
7
representing physicians licensed to practice medicine in all
8
of its branches, registered nurses, and school nurses, the
9
State Board of Education shall make available resource
10
materials consistent with criteria in this subsection (h) for
11
educating trained personnel to recognize and respond to
12
anaphylaxis. The State Board may take into consideration the
13
curriculum on this subject developed by other states, as well
14
as any other curricular materials suggested by medical experts
15
and other groups that work on life-threatening allergy issues.
16
The State Board is not required to create new resource
17
materials. The State Board shall make these resource materials
18
available on its Internet website.
19

(h-5) A training curriculum to recognize and respond to an
20
opioid overdose, including the administration of an opioid
21
antagonist, may be conducted online or in person. The training
22
must comply with any training requirements under Section 5-23
23
of the Substance Use Disorder Act and the corresponding rules.
24
It must include, but is not limited to:
25

(1) how to recognize symptoms of an opioid overdose;
26

(2) information on drug overdose prevention and

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1

recognition;
2

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

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

overdose;
5

(5) opioid antagonist dosage and administration;
6

(6) the importance of calling 9-1-1 or, if 9-1-1 is
7

not available, other local emergency medical services;
8

(7) care for the overdose victim after administration
9

of the overdose antagonist;
10

(8) a test demonstrating competency of the knowledge
11

required to recognize an opioid overdose and administer a
12

dose of an opioid antagonist; and
13

(9) other criteria as determined in rules adopted
14

pursuant to this Section.
15

(h-10) A training curriculum to recognize and respond to
16
respiratory distress, including the administration of
17
undesignated asthma medication, may be conducted online or in
18
person. The training must include, but is not limited to:
19

(1) how to recognize symptoms of respiratory distress
20

and how to distinguish respiratory distress from
21

anaphylaxis;
22

(2) how to respond to an emergency involving
23

respiratory distress;
24

(3) asthma medication dosage and administration;
25

(4) the importance of calling 9-1-1 or, if 9-1-1 is
26

not available, other local emergency medical services;

HB4247 Enrolled
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1

(5) a test demonstrating competency of the knowledge
2

required to recognize respiratory distress and administer
3

asthma medication; and
4

(6) other criteria as determined in rules adopted
5

under this Section.
6

(i) Within 3 days after the administration of an
7
undesignated epinephrine injector by a school nurse, trained
8
personnel, or a student at a school or school-sponsored
9
activity, the school must report to the State Board of
10
Education in a form and manner prescribed by the State Board
11
the following information:
12

(1) age and type of person receiving epinephrine
13

(student, staff, visitor);
14

(2) any previously known diagnosis of a severe
15

allergy;
16

(3) trigger that precipitated allergic episode;
17

(4) location where symptoms developed;
18

(5) number of doses administered;
19

(6) type of person administering epinephrine (school
20

nurse, trained personnel, student); and
21

(7) any other information required by the State Board.
22

If a school district, public school, charter school, or
23
nonpublic school maintains or has an independent contractor
24
providing transportation to students who maintains a supply of
25
undesignated epinephrine injectors, then the school district,
26
public school, charter school, or nonpublic school must report

HB4247 Enrolled
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1
that information to the State Board of Education upon adoption
2
or change of the policy of the school district, public school,
3
charter school, nonpublic school, or independent contractor,
4
in a manner as prescribed by the State Board. The report must
5
include the number of undesignated epinephrine injectors in
6
supply.
7

(i-5) Within 3 days after the administration of an opioid
8
antagonist by a school nurse or trained personnel, the school
9
must report to the State Board of Education, in a form and
10
manner prescribed by the State Board, the following
11
information:
12

(1) the age and type of person receiving the opioid
13

antagonist (student, staff, or visitor);
14

(2) the location where symptoms developed;
15

(3) the type of person administering the opioid
16

antagonist (school nurse or trained personnel); and
17

(4) any other information required by the State Board.
18

(i-10) Within 3 days after the administration of
19
undesignated asthma medication by a school nurse, trained
20
personnel, or a student at a school or school-sponsored
21
activity, the school must report to the State Board of
22
Education, on a form and in a manner prescribed by the State
23
Board of Education, the following information:
24

(1) the age and type of person receiving the asthma
25

medication (student, staff, or visitor);
26

(2) any previously known diagnosis of asthma for the

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1

person;
2

(3) the trigger that precipitated respiratory
3

distress, if identifiable;
4

(4) the location of where the symptoms developed;
5

(5) the number of doses administered;
6

(6) the type of person administering the asthma
7

medication (school nurse, trained personnel, or student);
8

(7) the outcome of the asthma medication
9

administration; and
10

(8) any other information required by the State Board.
11

(j) By October 1, 2015 and every year thereafter, the
12
State Board of Education shall submit a report to the General
13
Assembly identifying the frequency and circumstances of
14
undesignated epinephrine and undesignated asthma medication
15
administration during the preceding academic year. Beginning
16
with the 2017 report, the report shall also contain
17
information on which school districts, public schools, charter
18
schools, and nonpublic schools maintain or have independent
19
contractors providing transportation to students who maintain
20
a supply of undesignated epinephrine injectors. This report
21
shall be published on the State Board's Internet website on
22
the date the report is delivered to the General Assembly.
23

(j-5) Annually, each school district, public school,
24
charter school, or nonpublic school shall request an asthma
25
action plan from the parents or guardians of a pupil with
26
asthma. If provided, the asthma action plan must be kept on

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1
file in the office of the school nurse or, in the absence of a
2
school nurse, the school administrator. Copies of the asthma
3
action plan may be distributed to appropriate school staff who
4
interact with the pupil on a regular basis, and, if
5
applicable, may be attached to the pupil's federal Section 504
6
plan or individualized education program plan.
7

(j-10) To assist schools with emergency response
8
procedures for asthma, the State Board of Education, in
9
consultation with statewide professional organizations with
10
expertise in asthma management and a statewide organization
11
representing school administrators, shall develop a model
12
asthma episode emergency response protocol before September 1,
13
2016. Each school district, charter school, and nonpublic
14
school shall adopt an asthma episode emergency response
15
protocol before January 1, 2017 that includes all of the
16
components of the State Board's model protocol.
17

(j-15) (Blank).
18

(j-20) On or before October 1, 2016 and every year
19
thereafter, the State Board of Education shall submit a report
20
to the General Assembly and the Department of Public Health
21
identifying the frequency and circumstances of opioid
22
antagonist administration during the preceding academic year.
23
This report shall be published on the State Board's Internet
24
website on the date the report is delivered to the General
25
Assembly.
26

(k) The State Board of Education may adopt rules necessary

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1
to implement this Section.
2

(l) Nothing in this Section shall limit the amount of
3
epinephrine injectors that any type of school or student may
4
carry or maintain a supply of.
5

(m) The changes made to this Section by this amendatory
6
Act of the 104th General Assembly are subject to appropriation
7
or available grant funding.

8
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
9
103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
10
1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
11
for effective date of P.A. 103-542); 103-605, eff. 7-1-24.)

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This site is maintained for the Illinois General Assembly by the
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|
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Learn