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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Asthma Inhalers at Recreational Camps Act |
5 | | is amended by changing Sections 1, 5, and 10 as follows:
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6 | | (410 ILCS 607/1)
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7 | | Sec. 1. Short title. This Act may be cited as the Emergency |
8 | | Asthma Inhalers and Allergy Treatment for Children at |
9 | | Recreational Camps Act.
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10 | | (Source: P.A. 94-670, eff. 8-23-05.)
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11 | | (410 ILCS 607/5)
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12 | | Sec. 5. Definitions. In this Act: |
13 | | "After-school care program" means an after-school care |
14 | | program operated by a park district or any nonprofit entity. |
15 | | "Recreational camp" means any place set apart for |
16 | | recreational purposes for boys and girls. "Recreational camp" |
17 | | shall not apply to private camps owned or leased for |
18 | | individual or family use, or to any camp operated for a period |
19 | | of less than 10 days in a year.
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20 | | (Source: P.A. 94-670, eff. 8-23-05.)
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21 | | (410 ILCS 607/10)
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1 | | Sec. 10. Possession, self-administration, and use of |
2 | | epinephrine auto-injectors or inhalers at recreation camps and |
3 | | after-school care programs . |
4 | | (a) A recreation camp or an after-school care program |
5 | | shall permit a child with severe, potentially life-threatening |
6 | | allergies to possess, self-administer, and use an epinephrine |
7 | | auto-injector or inhaler, if the following conditions are |
8 | | satisfied: |
9 | | (1) The child has the written approval of his or her |
10 | | parent or guardian. |
11 | | (2) The recreational camp or after-school care program |
12 | | administrator or, if a nurse is assigned to the camp or |
13 | | program , the nurse shall receive copies of the written |
14 | | approvals required under paragraph (1) of subsection (a) |
15 | | of this Section. |
16 | | (3) The child's parent or guardian shall submit |
17 | | written verification confirming that the child has the |
18 | | knowledge and skills to safely possess, self-administer, |
19 | | and use an epinephrine auto-injector or inhaler in a camp |
20 | | or an after-school care program setting. |
21 | | (b) The child's parent or guardian shall provide the camp |
22 | | or program with the following information: |
23 | | (1) the child's name; |
24 | | (2) the name, route, and dosage of medication; |
25 | | (3) the frequency and time of medication |
26 | | administration or assistance; |
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1 | | (4) the date of the order; |
2 | | (5) a diagnosis and any other medical conditions |
3 | | requiring medications, if not a violation of |
4 | | confidentiality or if not contrary to the request of the |
5 | | parent or guardian to keep confidential; |
6 | | (6) specific recommendations for administration; |
7 | | (7) any special side effects, contraindications, and |
8 | | adverse reactions to be observed; |
9 | | (8) the name of each required medication; and
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10 | | (9) any severe adverse reactions that may occur to |
11 | | another child, for whom the epinephrine auto-injector or |
12 | | inhaler is not prescribed, should the other child receive |
13 | | a dose of the medication. |
14 | | (c) If the conditions of this Act are satisfied, the child |
15 | | may possess, self-administer, and use an epinephrine |
16 | | auto-injector or inhaler at the camp or after-school care |
17 | | program or at any camp-sponsored or program-sponsored |
18 | | activity, event, or program. |
19 | | (d) The recreational camp or after-school care program |
20 | | must inform the parents or guardians of the child, in writing, |
21 | | that the recreational camp or after-school care program and |
22 | | its employees and agents are to incur no liability , as |
23 | | applicable , except for willful and wanton conduct, as a result |
24 | | of any injury arising from the self-administration of |
25 | | medication to the child. The parents or guardians of the child |
26 | | must sign a statement acknowledging that the recreational camp |
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1 | | or after-school care program is to incur no liability, except |
2 | | for willful and wanton conduct, as a result of any injury |
3 | | arising from the self-administration of medication by the |
4 | | child and that the parents or guardians must indemnify and |
5 | | hold harmless the recreational camp or after-school care |
6 | | program and its employees and agents , as applicable, against |
7 | | any claims, except a claim based on willful and wanton |
8 | | conduct, arising out of the self-administration of medication |
9 | | by the child.
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10 | | (e) After-school care program personnel who have completed |
11 | | an anaphylaxis training program as identified under the |
12 | | Epinephrine Injector Act may administer an undesignated |
13 | | epinephrine injection to any child if the after-school care |
14 | | program personnel believe in good faith that the child is |
15 | | having an anaphylactic reaction while in the after-school care |
16 | | program. After-school care program personnel may carry |
17 | | undesignated epinephrine injectors on their person while in |
18 | | the after-school care program. |
19 | | (f) After-school care program personnel may administer |
20 | | undesignated asthma medication to any child if the |
21 | | after-school care program personnel believe in good faith that |
22 | | the child is experiencing respiratory distress while in the |
23 | | after-school care program. After-school care program personnel |
24 | | may carry undesignated asthma medication on their person while |
25 | | in the after-school care program. |
26 | | (g) If after-school care program personnel are to |
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1 | | administer an undesignated epinephrine injection or an |
2 | | undesignated asthma medication to a child, the after-school |
3 | | care program personnel must inform the parents or guardians of |
4 | | the child, in writing, that the after-school care program and |
5 | | its employees and agents, acting in accordance with standard |
6 | | protocols and the prescription for the injection or |
7 | | medication, shall incur no liability, except for willful and |
8 | | wanton conduct, as a result of any injury arising from the |
9 | | administration of the injection or medication, notwithstanding
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10 | | whether authorization was given by the child's parents or
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11 | | guardians or by the child's physician, physician assistant, or
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12 | | advanced practice registered nurse. A parent or guardian of |
13 | | the child must sign a statement acknowledging that the |
14 | | after-school care program and its employees and agents are to |
15 | | incur no liability, except for willful and wanton conduct, as |
16 | | a result of any injury arising from the administration of the |
17 | | medication or injection, regardless of whether authorization
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18 | | was given by a parent or guardian of the child or by the
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19 | | child's physician, physician assistant, or advanced practice
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20 | | registered nurse, and that the parent or guardian must also
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21 | | indemnify and hold harmless the after-school care program and
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22 | | its employees and agents against any claims, except a claim
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23 | | based on willful and wanton conduct, arising out of the
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24 | | administration of the medication or injection, regardless of
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25 | | whether authorization was given by the child's parent or
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26 | | guardian or by the child's physician, physician assistant, or
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1 | | advanced practice registered nurse. |
2 | | (h) If after-school care program personnel administer an |
3 | | undesignated epinephrine injection to a person and the |
4 | | after-school care program personnel believe in good faith the |
5 | | person is having an anaphylactic reaction or administer |
6 | | undesignated asthma medication to a person and believe in good |
7 | | faith the person is experiencing respiratory distress, then |
8 | | the after-school care program and its employees and agents, |
9 | | acting in accordance with standard protocols and the |
10 | | prescription for the injection or medication, shall not incur |
11 | | any liability or be subject to professional discipline, except |
12 | | for willful and wanton conduct, as a result of any injury |
13 | | arising from the use of the injection or medication, |
14 | | notwithstanding whether notice was given to or
authorization |
15 | | was given by the child's parent or guardian or
by the child's |
16 | | physician, physician assistant, or advanced
practice |
17 | | registered nurse and notwithstanding the absence of
the |
18 | | parent's or guardian's signed statement acknowledging
release |
19 | | from liability. |
20 | | (i) The changes made to this Section by this amendatory |
21 | | Act of the 103rd General Assembly apply to actions filed on or |
22 | | after the effective date of this amendatory Act of the 103rd |
23 | | General Assembly. |
24 | | (Source: P.A. 94-670, eff. 8-23-05.)
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25 | | Section 99. Effective date. This Act takes effect upon |
26 | | becoming law.
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