Bill Text: IL SB0073 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the School Code. Allows a school district, public school, or nonpublic school to authorize a school nurse or trained personnel to administer an undesignated dose of an opioid antidote to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose. Sets forth provisions concerning immunity; the administration, supply, and prescription of undesignated doses of an opioid antidote; a training curriculum to recognize and respond to an opioid overdose; reporting to the State Board of Education; and reporting to the General Assembly.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-04-15 - Added Alternate Co-Sponsor Rep. Martin J. Moylan [SB0073 Detail]

Download: Illinois-2015-SB0073-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
22-30 as follows:
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors; administration of an
undesignated dose of an opioid antidote.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Asthma medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a physician assistant who has been delegated the authority
to prescribe asthma medications by his or her supervising
physician, or (iii) an advanced practice nurse who has a
written collaborative agreement with a collaborating physician
that delegates the authority to prescribe asthma medications,

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for a pupil that pertains to the pupil's asthma and that has an
individual prescription label.
"School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
auto-injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
physician assistant who has been delegated the authority to
prescribe asthma medications or epinephrine auto-injectors by
his or her supervising physician, or (iii) an advanced practice
nurse who has a collaborative agreement with a collaborating
physician that delegates authority to issue a standing protocol
for asthma medications or epinephrine auto-injectors.
"Trained personnel" means any school employee 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 recognize and respond to
anaphylaxis.
"Undesignated dose of an opioid antidote" means a dose of
naloxone hydrochloride or any other similarly acting and
equally safe drug approved by the U.S. Food and Drug
Administration, prescribed in the name of a school district,

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public school, or nonpublic school.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, or nonpublic school.
(b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry of
an epinephrine auto-injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine auto-injector or (B) the
self-carry of an epinephrine auto-injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice nurse; 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
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
auto-injector, a written statement from the pupil's
physician, physician assistant, or advanced practice nurse
containing the following information:

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(A) the name and purpose of the epinephrine
auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated epinephrine auto-injector to a student or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file.
(b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine
auto-injector to a student for self-administration only or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer to the

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student, that meets the student's prescription on file; (ii)
administer an undesignated epinephrine auto-injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 that authorizes the use of an epinephrine auto-injector;
and (iii) administer an undesignated epinephrine auto-injector
to any person that the school nurse or trained personnel in
good faith believes is having an anaphylactic reaction; and
(iv) administer an undesignated dose of an opioid antidote to
any person that the school nurse or trained personnel in good
faith believes is having an opioid overdose.
(c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,
that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice nurse providing standing
protocol or a prescription for school epinephrine
auto-injectors and including a health care professional
providing a prescription for or dispensation of doses of an
opioid antidote, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, or of an epinephrine auto-injector, or a dose of an
opioid antidote regardless of whether authorization was given

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by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice nurse, or
health care professional. The parents or guardians of the pupil
must sign a statement acknowledging that the school district,
public school, or nonpublic school 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 asthma medication, or of an epinephrine
auto-injector, or a dose of an opioid antidote regardless of
whether authorization was given by the pupil's parents or
guardians or by the pupil's physician, physician assistant, or
advanced practice nurse, or health care professional and that
the parents or guardians must indemnify and hold harmless the
school district, public 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, or of an epinephrine
auto-injector, or a dose of an opioid antidote regardless of
whether authorization was given by the pupil's parents or
guardians or by the pupil's physician, physician assistant, or
advanced practice nurse, or health care professional.
(c-5) When Upon the effective date of this amendatory Act
of the 98th General Assembly, when a school nurse or trained
personnel administers an undesignated epinephrine
auto-injector to a person whom the school nurse or trained
personnel in good faith believes is having an anaphylactic

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reaction or administers a dose of an opioid antidote to a
person whom the school nurse or trained personnel in good faith
believes is having an opioid overdose, 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 district, public school, or nonpublic
school and its employees and agents, and a physician, a
physician assistant, or an advanced practice nurse providing
standing protocol or a prescription for undesignated
epinephrine auto-injectors or a health care professional
providing a prescription for or dispensation of undesignated
doses of an opioid antidote , 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 auto-injector or the use of an
undesignated dose of an opioid antidote regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice nurse, or health care professional.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.

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(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 auto-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
before-school or after-school care on school-operated
property.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (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 before-school or
after-school care on school-operated property. A school nurse
or trained personnel may carry undesignated epinephrine
auto-injectors on his or her person while in school or at a
school-sponsored activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated dose of an opioid antidote to any person whom
the school nurse or trained personnel in good faith believes to
be having an opioid overdose (i) while in school, (ii) while at

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a school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school care
on school-operated property. A school nurse or trained
personnel may carry an undesignated dose of an opioid antidote
on his or her person while in school or at a school-sponsored
activity.
(f) The school district, public school, or nonpublic school
may maintain a supply of undesignated epinephrine
auto-injectors in any secure location where an allergic person
is most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has been
delegated prescriptive authority for asthma medication or
epinephrine auto-injectors in accordance with Section 7.5 of
the Physician Assistant Practice Act of 1987, or an advanced
practice nurse who has been delegated prescriptive authority
for asthma medication or epinephrine auto-injectors in
accordance with Section 65-40 of the Nurse Practice Act may
prescribe undesignated epinephrine auto-injectors in the name
of the school district, public school, or nonpublic school to
be maintained for use when necessary. Any supply of epinephrine
auto-injectors shall be maintained in accordance with the
manufacturer's instructions.
The school district, public school, or nonpublic school may
maintain a supply of undesignated doses of an opioid antidote
in any secure location where an individual may have an opioid

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overdose. A health care professional who has been delegated
prescriptive authority for an opioid antidote in accordance
with Section 5-23 of the Alcoholism and Other Drug Abuse and
Dependency Act may prescribe a supply of undesignated doses of
an opioid antidote in the name of the school district, public
school, or nonpublic school, to be maintained for use when
necessary. Any supply of an opioid antidote must be maintained
in accordance with the manufacturer's instructions.
(f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of a dose of an opioid antidote, a
school district, public school, or nonpublic school must
immediately activate the EMS system and notify the student's
parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advance practice nurse who provided the
standing protocol or prescription for the undesignated
epinephrine auto-injector of its use.
Within 24 hours after the administration of an undesignated
dose of an opioid antidote, a school district, public school,
or nonpublic school must notify the health care professional
who provided the prescription for or dispensation of the supply

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of undesignated doses of an opioid antidote of the opioid
antidote's use.
(g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
his or her school's administration proof of completion of a
training curriculum to recognize and respond to anaphylaxis
that meets the requirements of subsection (h) of this Section.
Training must be completed annually. Trained personnel must
also submit to his or her school's administration proof of
cardiopulmonary resuscitation and automated external
defibrillator certification. The school district, public
school, or nonpublic school must maintain records related to
the training curriculum and trained personnel.
Prior to the administration of an undesignated dose of an
opioid antidote, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to an opioid overdose, which curriculum
must meet the requirements of subsection (h-5) of this Section.
Training must be completed annually. Trained personnel must
also submit to the school's administration proof of
cardiopulmonary resuscitation and automated external
defibrillator certification. The school district, public
school, or nonpublic school must maintain records relating to
the training curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated

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epinephrine auto-injector, may be conducted online or in
person. It must include, but is not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) a review of high-risk areas within the school and
its related facilities;
(3) steps to take to prevent exposure to allergens;
(4) how to respond to an emergency involving an
allergic reaction;
(5) how to administer an epinephrine auto-injector;
(6) how to respond to a student with a known allergy as
well as a student with a previously unknown allergy;
(7) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(8) other criteria as determined in rules adopted
pursuant to this Section.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State

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Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an
undesignated dose of an opioid antidote, may be conducted
online or in person. It must include, but is not limited to,
the following:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antidote dosage and administration;
(6) the importance of calling 9-1-1;
(7) care for the overdose victim after administration
of the overdose antidote;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antidote; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored

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activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
(i-5) Within 3 days after the administration of an
undesignated dose of an opioid antidote by a school nurse or
trained personnel, the school must report to the State Board of
Education, in a form and manner prescribed by the State Board,
the following information:
(1) the age and type of person receiving the dose of an
opioid antidote (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the dose of an
opioid antidote (school nurse or trained personnel); and
(4) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the State
Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of

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epinephrine administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
On or before October 1, 2016 and every year thereafter, the
State Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of opioid
antidote administration during the preceding school year. This
report must be published on the State Board's Internet website
on the date the report is submitted to the General Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)