HB 4247 — SCH CD-ASTHMA MEDICATION

HB4247 EngrossedEnrolled LRB104 16732 LNS 30139 b AN ACT concerning education.

"Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest HB4247 EngrossedEnrolled - 2 - LRB104 16732 LNS 30139 b tightness, or breathing difficulty.

HB4247 EngrossedEnrolled - 3 - LRB104 16732 LNS 30139 b "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S.

"Trained personnel" means any school employee, coach, athletic trainer, or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to HB4247 EngrossedEnrolled - 4 - LRB104 16732 LNS 30139 b recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress.

and (2) the parents or guardians of the pupil provide to the school (i) the prescription label, which must contain the name of the asthma medication, the prescribed dosage, and the time at which or circumstances under which the HB4247 EngrossedEnrolled - 5 - LRB104 16732 LNS 30139 b asthma medication is to be administered, or (ii) for the self-administration or self-carry of an epinephrine injector, a written statement from the pupil's physician, physician assistant, or advanced practice registered nurse containing the following information:

(i) provide an undesignated HB4247 EngrossedEnrolled - 6 - LRB104 16732 LNS 30139 b epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file;

(vi) administer undesignated asthma medication that meets the prescription on file to any HB4247 EngrossedEnrolled - 7 - LRB104 16732 LNS 30139 b student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication;

The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for HB4247 EngrossedEnrolled - 8 - LRB104 16732 LNS 30139 b willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.

(c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school HB4247 EngrossedEnrolled - 9 - LRB104 16732 LNS 30139 b district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.

(e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in HB4247 EngrossedEnrolled - 10 - LRB104 16732 LNS 30139 b before-school or after-school care on school-operated property or while being transported on a school bus.

HB4247 EngrossedEnrolled - 11 - LRB104 16732 LNS 30139 b (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property.

HB4247 EngrossedEnrolled - 12 - LRB104 16732 LNS 30139 b The school district, public school, charter school, or nonpublic school shall maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose, unless there is a shortage of opioid antagonists, in which case the school district, public school, charter school, or nonpublic school shall make a reasonable effort to maintain a supply of an opioid antagonist.

A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section HB4247 EngrossedEnrolled - 13 - LRB104 16732 LNS 30139 b 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary.

(f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to HB4247 EngrossedEnrolled - 14 - LRB104 16732 LNS 30139 b personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors.

Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent HB4247 EngrossedEnrolled - 15 - LRB104 16732 LNS 30139 b or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use.

Prior to the administration of undesignated asthma HB4247 EngrossedEnrolled - 16 - LRB104 16732 LNS 30139 b medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section.

(D) how to respond to a student with a known allergy, HB4247 EngrossedEnrolled - 17 - LRB104 16732 LNS 30139 b as well as a student with a previously unknown allergy;

(2) information on drug overdose prevention and HB4247 EngrossedEnrolled - 18 - LRB104 16732 LNS 30139 b recognition;

HB4247 EngrossedEnrolled - 19 - LRB104 16732 LNS 30139 b (5) a test demonstrating competency of the knowledge required to recognize respiratory distress and administer asthma medication;

If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report HB4247 EngrossedEnrolled - 20 - LRB104 16732 LNS 30139 b that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board.

(2) any previously known diagnosis of asthma for the HB4247 EngrossedEnrolled - 21 - LRB104 16732 LNS 30139 b person;

If provided, the asthma action plan must be kept on HB4247 EngrossedEnrolled - 22 - LRB104 16732 LNS 30139 b file in the office of the school nurse or, in the absence of a school nurse, the school administrator.

(k) The State Board of Education may adopt rules necessary HB4247 EngrossedEnrolled - 23 - LRB104 16732 LNS 30139 b to implement this Section.