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| Public Act 103-0438
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| HB2949 Enrolled | LRB103 27415 DTM 53787 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Asthma Inhalers at Recreational Camps Act |
is amended by changing Sections 1, 5, and 10 as follows:
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(410 ILCS 607/1)
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Sec. 1. Short title. This Act may be cited as the Emergency |
Asthma Inhalers and Allergy Treatment for Children at |
Recreational Camps Act.
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(Source: P.A. 94-670, eff. 8-23-05.)
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(410 ILCS 607/5)
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Sec. 5. Definitions. In this Act: |
"After-school care program" means an after-school care |
program operated by a park district or any nonprofit entity. |
"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.
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(Source: P.A. 94-670, eff. 8-23-05.)
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(410 ILCS 607/10)
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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, |
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; |
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(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
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(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. |
(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 |
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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.
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(e) After-school care program personnel who have completed |
an anaphylaxis training program as identified under the |
Epinephrine Injector Act may 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 |
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 |
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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, except for willful and |
wanton conduct, as a result of any injury arising from the |
administration of the injection or medication, notwithstanding
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whether authorization was given by the child's parents or
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guardians or by the child's physician, physician assistant, or
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advanced practice registered nurse. 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, regardless of whether authorization
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was given by a parent or guardian of the child or by the
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child's physician, physician assistant, or advanced practice
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registered nurse, and that the parent or guardian must also
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indemnify and hold harmless the after-school care program and
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its employees and agents against any claims, except a claim
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based on willful and wanton conduct, arising out of the
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administration of the medication or injection, regardless of
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whether authorization was given by the child's parent or
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guardian or by the child's physician, physician assistant, or
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advanced practice registered nurse. |
(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 |
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, except |
for willful and wanton conduct, as a result of any injury |
arising from the use of the injection or medication, |
notwithstanding whether notice was given to or
authorization |
was given by the child's parent or guardian or
by the child's |
physician, physician assistant, or advanced
practice |
registered nurse and notwithstanding the absence of
the |
parent's or guardian's signed statement acknowledging
release |
from liability. |
(i) The changes made to this Section by this amendatory |
Act of the 103rd General Assembly apply to actions filed on or |
after the effective date of this amendatory Act of the 103rd |
General Assembly. |
(Source: P.A. 94-670, eff. 8-23-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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