Bill Amendment: IL SB0094 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ASTHMA INHALERS-CARE PROGRAM

Status: 2023-06-26 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0094 Detail]

Download: Illinois-2023-SB0094-Senate_Amendment_001.html

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Sen. Laura M. Murphy

Filed: 3/15/2023

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AMENDMENT TO SENATE BILL 94
AMENDMENT NO. ______. Amend Senate Bill 94 by replacing
everything after the enacting clause with the following:
"Section 5. The Asthma Inhalers at Recreational Camps Act
is amended by changing Sections 1, 5, and 10 as follows:
(410 ILCS 607/1)
Sec. 1. Short title. This Act may be cited as the Emergency
Asthma Inhalers and Allergy Treatment for Children at
Recreational Camps Act.
(Source: P.A. 94-670, eff. 8-23-05.)
(410 ILCS 607/5)
Sec. 5. Definitions. In this Act:
"After-school care program" means an after-school care
program operated by (i) any nonprofit entity on school
district property or (ii) a park district.

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"Recreational camp" means any place set apart for
recreational purposes for boys and girls. "Recreational camp"
shall not apply to private camps owned or leased for
individual or family use, or to any camp operated for a period
of less than 10 days in a year.
(Source: P.A. 94-670, eff. 8-23-05.)
(410 ILCS 607/10)
Sec. 10. Possession, self-administration, and use of
epinephrine auto-injectors or inhalers at recreation camps and
after-school care programs.
(a) A recreation camp or an after-school care program
shall permit a child with severe, potentially life-threatening
allergies to possess, self-administer, and use an epinephrine
auto-injector or inhaler, if the following conditions are
satisfied:
(1) The child has the written approval of his or her
parent or guardian.
(2) The recreational camp or after-school care program
administrator or, if a nurse is assigned to the camp or
program, the nurse shall receive copies of the written
approvals required under paragraph (1) of subsection (a)
of this Section.
(3) The child's parent or guardian shall submit
written verification confirming that the child has the
knowledge and skills to safely possess, self-administer,

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and use an epinephrine auto-injector or inhaler in a camp
or an after-school care program setting.
(b) The child's parent or guardian shall provide the camp
or program with the following information:
(1) the child's name;
(2) the name, route, and dosage of medication;
(3) the frequency and time of medication
administration or assistance;
(4) the date of the order;
(5) a diagnosis and any other medical conditions
requiring medications, if not a violation of
confidentiality or if not contrary to the request of the
parent or guardian to keep confidential;
(6) specific recommendations for administration;
(7) any special side effects, contraindications, and
adverse reactions to be observed;
(8) the name of each required medication; and
(9) any severe adverse reactions that may occur to
another child, for whom the epinephrine auto-injector or
inhaler is not prescribed, should the other child receive
a dose of the medication.
(c) If the conditions of this Act are satisfied, the child
may possess, self-administer, and use an epinephrine
auto-injector or inhaler at the camp or after-school care
program or at any camp-sponsored or program-sponsored
activity, event, or program.

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(d) The recreational camp or after-school care program
must inform the parents or guardians of the child, in writing,
that the recreational camp or after-school care program and
its employees and agents are to incur no liability, as
applicable, except for willful and wanton conduct, as a result
of any injury arising from the self-administration of
medication to the child. The parents or guardians of the child
must sign a statement acknowledging that the recreational camp
or after-school care program is to incur no liability, except
for willful and wanton conduct, as a result of any injury
arising from the self-administration of medication by the
child and that the parents or guardians must indemnify and
hold harmless the recreational camp or after-school care
program and its employees and agents, as applicable, against
any claims, except a claim based on willful and wanton
conduct, arising out of the self-administration of medication
by the child.
(e) After-school care program personnel may, in accordance
with Section 10 of the Epinephrine Injector Act, administer an
undesignated epinephrine injection to any child if the
after-school care program personnel believe in good faith that
the child is having an anaphylactic reaction while in the
after-school care program. After-school care program personnel
may carry undesignated epinephrine injectors on their person
while in the after-school care program.
(f) After-school care program personnel may administer

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undesignated asthma medication to any child if the
after-school care program personnel believe in good faith that
the child is experiencing respiratory distress while in the
after-school care program. After-school care program personnel
may carry undesignated asthma medication on their person while
in the after-school care program.
(g) If after-school care program personnel are to
administer an undesignated epinephrine injection or an
undesignated asthma medication to a child, the after-school
care program personnel must inform the parents or guardians of
the child, in writing, that the after-school care program and
its employees and agents, acting in accordance with standard
protocols and the prescription for the injection or
medication, shall incur no liability as a result of any injury
arising from the administration of the injection or
medication, except for willful and wanton conduct. A parent or
guardian of the child must sign a statement acknowledging that
the after-school care program and its employees and agents are
to incur no liability, except for willful and wanton conduct,
as a result of any injury arising from the administration of
the medication or injection.
(h) If after-school care program personnel administer an
undesignated epinephrine injection to a person and the
after-school care program personnel believe in good faith the
person is having an anaphylactic reaction or administer
undesignated asthma medication to a person and believe in good

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faith the person is experiencing respiratory distress, then
the after-school care program and its employees and agents,
acting in accordance with standard protocols and the
prescription for the injection or medication, shall not incur
any liability or be subject to professional discipline as a
result of any injury arising from the use of the injection or
medication, except for willful and wanton conduct.
(Source: P.A. 94-670, eff. 8-23-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.".