HB 4247

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Full Text of HB4247
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	HB4247 - 104th General Assembly
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		HB4247 Enrolled		LRB104 16732 LNS 30139 b
1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
522-30 as follows:
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration and self-carry of asthma
8medication and epinephrine injectors; administration of
9undesignated epinephrine injectors; administration of an
10opioid antagonist; administration of undesignated asthma
11medication; supply of undesignated oxygen tanks; asthma
12episode emergency response protocol.
13    (a) For the purpose of this Section only, the following
14terms shall have the meanings set forth below:
15    "Asthma action plan" means a written plan developed with a
16pupil's medical provider to help control the pupil's asthma.
17The goal of an asthma action plan is to reduce or prevent
18flare-ups and emergency department visits through day-to-day
19management and to serve as a student-specific document to be
20referenced in the event of an asthma episode.
21    "Asthma episode emergency response protocol" means a
22procedure to provide assistance to a pupil experiencing
23symptoms of wheezing, coughing, shortness of breath, chest
		HB4247 Enrolled	- 2 -	LRB104 16732 LNS 30139 b
1tightness, or breathing difficulty.
2    "Epinephrine injector" includes an auto-injector approved
3by the United States Food and Drug Administration for the
4administration of epinephrine and a pre-filled syringe
5approved by the United States Food and Drug Administration and
6used for the administration of epinephrine that contains a
7pre-measured dose of epinephrine that is equivalent to the
8dosages used in an auto-injector.
9    "Asthma medication" means quick-relief asthma medication,
10including albuterol or other short-acting bronchodilators,
11that is approved by the United States Food and Drug
12Administration for the treatment of respiratory distress.
13"Asthma medication" includes medication delivered through a
14device, including a metered dose inhaler with a reusable or
15disposable spacer or a nebulizer with a mouthpiece or mask.
16    "Athletic trainer" means a licensed athletic trainer hired 
17by or contracted by a school district or the governing body of 
18a charter school or nonpublic school to aid a school in the 
19evaluation, prevention, or physical reconditioning of injuries 
20and the management of asthma, the prevention of asthma 
21symptoms, and emergency asthma response in a school setting.
22    "Coach" means a volunteer or employee of a school who is 
23responsible for organizing and supervising students to teach 
24or train them in the fundamental skills of an interscholastic 
25athletic activity. "Coach" refers to both a head coach and an 
26assistant coach.
		HB4247 Enrolled	- 3 -	LRB104 16732 LNS 30139 b
1    "Opioid antagonist" means a drug that binds to opioid
2receptors and blocks or inhibits the effect of opioids acting
3on those receptors, including, but not limited to, naloxone
4hydrochloride or any other similarly acting drug approved by
5the U.S. Food and Drug Administration.
6    "Respiratory distress" means the perceived or actual
7presence of wheezing, coughing, shortness of breath, chest
8tightness, breathing difficulty, or any other symptoms
9consistent with asthma. Respiratory distress may be
10categorized as "mild-to-moderate" or "severe".
11    "School nurse" means a registered nurse working in a
12school with or without licensure endorsed in school nursing.
13    "Self-administration" means a pupil's discretionary use of
14his or her prescribed asthma medication or epinephrine
15injector.
16    "Self-carry" means a pupil's ability to carry his or her
17prescribed asthma medication or epinephrine injector.
18    "Standing protocol" may be issued by (i) a physician
19licensed to practice medicine in all its branches, (ii) a
20licensed physician assistant with prescriptive authority, or
21(iii) a licensed advanced practice registered nurse with
22prescriptive authority.
23    "Trained personnel" means any school employee, coach, 
24athletic trainer, or volunteer personnel authorized in
25Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who
26has completed training under subsection (g) of this Section to
		HB4247 Enrolled	- 4 -	LRB104 16732 LNS 30139 b
1recognize and respond to anaphylaxis, an opioid overdose, or
2respiratory distress.
3    "Undesignated asthma medication" means asthma medication
4prescribed in the name of a school district, public school,
5charter school, or nonpublic school.
6    "Undesignated epinephrine injector" means an epinephrine
7injector prescribed in the name of a school district, public
8school, charter school, or nonpublic school.
9    (b) A school, whether public, charter, or nonpublic, must
10permit the self-administration and self-carry of asthma
11medication by a pupil with asthma or the self-administration
12and self-carry of an epinephrine injector by a pupil, provided
13that:
14        (1) the parents or guardians of the pupil provide to
15    the school (i) written authorization from the parents or
16    guardians for (A) the self-administration and self-carry
17    of asthma medication or (B) the self-carry of asthma
18    medication or (ii) for (A) the self-administration and
19    self-carry of an epinephrine injector or (B) the
20    self-carry of an epinephrine injector, written
21    authorization from the pupil's physician, physician
22    assistant, or advanced practice registered nurse; and
23        (2) the parents or guardians of the pupil provide to
24    the school (i) the prescription label, which must contain
25    the name of the asthma medication, the prescribed dosage,
26    and the time at which or circumstances under which the
		HB4247 Enrolled	- 5 -	LRB104 16732 LNS 30139 b
1    asthma medication is to be administered, or (ii) for the
2    self-administration or self-carry of an epinephrine
3    injector, a written statement from the pupil's physician,
4    physician assistant, or advanced practice registered nurse
5    containing the following information:
6            (A) the name and purpose of the epinephrine
7        injector;
8            (B) the prescribed dosage; and
9            (C) the time or times at which or the special
10        circumstances under which the epinephrine injector is
11        to be administered.
12The information provided shall be kept on file in the office of
13the school nurse or, in the absence of a school nurse, the
14school's administrator.
15    (b-5) A school district, public school, charter school, or
16nonpublic school may authorize the provision of a
17student-specific or undesignated epinephrine injector to a
18student or any personnel authorized under a student's
19Individual Health Care Action Plan, allergy emergency action
20plan, or plan pursuant to Section 504 of the federal
21Rehabilitation Act of 1973 to administer an epinephrine
22injector to the student, that meets the student's prescription
23on file.
24    (b-10) The school district, public school, charter school,
25or nonpublic school may authorize a school nurse or trained
26personnel to do the following: (i) provide an undesignated
		HB4247 Enrolled	- 6 -	LRB104 16732 LNS 30139 b
1epinephrine injector to a student for self-administration only
2or any personnel authorized under a student's Individual
3Health Care Action Plan, allergy emergency action plan, plan
4pursuant to Section 504 of the federal Rehabilitation Act of
51973, or individualized education program plan to administer
6to the student that meets the student's prescription on file;
7(ii) administer an undesignated epinephrine injector that
8meets the prescription on file to any student who has an
9Individual Health Care Action Plan, allergy emergency action
10plan, plan pursuant to Section 504 of the federal
11Rehabilitation Act of 1973, or individualized education
12program plan that authorizes the use of an epinephrine
13injector; (iii) administer an undesignated epinephrine
14injector to any person that the school nurse or trained
15personnel in good faith believes is having an anaphylactic
16reaction; (iv) administer an opioid antagonist to any person
17that the school nurse or trained personnel in good faith
18believes is having an opioid overdose; (v) provide
19undesignated asthma medication to a student for
20self-administration only or to any personnel authorized under
21a student's Individual Health Care Action Plan or asthma
22action plan, plan pursuant to Section 504 of the federal
23Rehabilitation Act of 1973, or individualized education
24program plan to administer to the student that meets the
25student's prescription on file; (vi) administer undesignated
26asthma medication that meets the prescription on file to any
		HB4247 Enrolled	- 7 -	LRB104 16732 LNS 30139 b
1student who has an Individual Health Care Action Plan or
2asthma action plan, plan pursuant to Section 504 of the
3federal Rehabilitation Act of 1973, or individualized
4education program plan that authorizes the use of asthma
5medication; and (vii) administer undesignated asthma
6medication to any person that the school nurse or trained
7personnel believes in good faith is having respiratory
8distress.
9    (c) The school district, public school, charter school, or
10nonpublic school must inform the parents or guardians of the
11pupil, in writing, that the school district, public school,
12charter school, or nonpublic school and its employees and
13agents, including a physician, physician assistant, or
14advanced practice registered nurse providing standing protocol
15and a prescription for school epinephrine injectors, an opioid
16antagonist, or undesignated asthma medication, are to incur no
17liability or professional discipline, except for willful and
18wanton conduct, as a result of any injury arising from the
19administration of asthma medication, an epinephrine injector,
20or an opioid antagonist regardless of whether authorization
21was given by the pupil's parents or guardians or by the pupil's
22physician, physician assistant, or advanced practice
23registered nurse. The parents or guardians of the pupil must
24sign a statement acknowledging that the school district,
25public school, charter school, or nonpublic school and its
26employees and agents are to incur no liability, except for
		HB4247 Enrolled	- 8 -	LRB104 16732 LNS 30139 b
1willful and wanton conduct, as a result of any injury arising
2from the administration of asthma medication, an epinephrine
3injector, or an opioid antagonist regardless of whether
4authorization was given by the pupil's parents or guardians or
5by the pupil's physician, physician assistant, or advanced
6practice registered nurse and that the parents or guardians
7must indemnify and hold harmless the school district, public
8school, charter school, or nonpublic school and its employees
9and agents against any claims, except a claim based on willful
10and wanton conduct, arising out of the administration of
11asthma medication, an epinephrine injector, or an opioid
12antagonist regardless of whether authorization was given by
13the pupil's parents or guardians or by the pupil's physician,
14physician assistant, or advanced practice registered nurse.
15    (c-5) When a school nurse or trained personnel administers
16an undesignated epinephrine injector to a person whom the
17school nurse or trained personnel in good faith believes is
18having an anaphylactic reaction, administers an opioid
19antagonist to a person whom the school nurse or trained
20personnel in good faith believes is having an opioid overdose,
21or administers undesignated asthma medication to a person whom
22the school nurse or trained personnel in good faith believes
23is having respiratory distress, notwithstanding the lack of
24notice to the parents or guardians of the pupil or the absence
25of the parents or guardians signed statement acknowledging no
26liability, except for willful and wanton conduct, the school
		HB4247 Enrolled	- 9 -	LRB104 16732 LNS 30139 b
1district, public school, charter school, or nonpublic school
2and its employees and agents, and a physician, a physician
3assistant, or an advanced practice registered nurse providing
4standing protocol and a prescription for undesignated
5epinephrine injectors, an opioid antagonist, or undesignated
6asthma medication, are to incur no liability or professional
7discipline, except for willful and wanton conduct, as a result
8of any injury arising from the use of an undesignated
9epinephrine injector, the use of an opioid antagonist, or the
10use of undesignated asthma medication, regardless of whether
11authorization was given by the pupil's parents or guardians or
12by the pupil's physician, physician assistant, or advanced
13practice registered nurse.
14    (d) The permission for self-administration and self-carry
15of asthma medication or the self-administration and self-carry
16of an epinephrine injector is effective for the school year
17for which it is granted and shall be renewed each subsequent
18school year upon fulfillment of the requirements of this
19Section.
20    (e) Provided that the requirements of this Section are
21fulfilled, a pupil with asthma may self-administer and
22self-carry his or her asthma medication or a pupil may
23self-administer and self-carry an epinephrine injector (i)
24while in school, (ii) while at a school-sponsored activity,
25(iii) while under the supervision of school personnel, or (iv)
26before or after normal school activities, such as while in
		HB4247 Enrolled	- 10 -	LRB104 16732 LNS 30139 b
1before-school or after-school care on school-operated property
2or while being transported on a school bus.
3    (e-5) Provided that the requirements of this Section are
4fulfilled, a school nurse or trained personnel may administer
5an undesignated epinephrine injector to any person whom the
6school nurse or trained personnel in good faith believes to be
7having an anaphylactic reaction (i) while in school, (ii)
8while at a school-sponsored activity, (iii) while under the
9supervision of school personnel, or (iv) before or after
10normal school activities, such as while in before-school or
11after-school care on school-operated property or while being
12transported on a school bus. A school nurse or trained
13personnel may carry undesignated epinephrine injectors on his
14or her person while in school or at a school-sponsored
15activity.
16    (e-10) Provided that the requirements of this Section are
17fulfilled, a school nurse or trained personnel may administer
18an opioid antagonist to any person whom the school nurse or
19trained personnel in good faith believes to be having an
20opioid overdose (i) while in school, (ii) while at a
21school-sponsored activity, (iii) while under the supervision
22of school personnel, or (iv) before or after normal school
23activities, such as while in before-school or after-school
24care on school-operated property. A school nurse or trained
25personnel may carry an opioid antagonist on his or her person
26while in school or at a school-sponsored activity.
		HB4247 Enrolled	- 11 -	LRB104 16732 LNS 30139 b
1    (e-15) If the requirements of this Section are met, a
2school nurse or trained personnel may administer undesignated
3asthma medication to any person whom the school nurse or
4trained personnel in good faith believes to be experiencing
5respiratory distress (i) while in school, (ii) while at a
6school-sponsored activity, (iii) while under the supervision
7of school personnel, or (iv) before or after normal school
8activities, including before-school or after-school care on
9school-operated property. A school nurse or trained personnel
10may carry undesignated asthma medication on his or her person
11while in school or at a school-sponsored activity.
12    (f) The school district, public school, charter school, or
13nonpublic school may maintain a supply of undesignated
14epinephrine injectors in any secure location that is
15accessible before, during, and after school where an allergic
16person is most at risk, including, but not limited to,
17classrooms and lunchrooms. A physician, a physician assistant
18who has prescriptive authority in accordance with Section 7.5
19of the Physician Assistant Practice Act of 1987, or an
20advanced practice registered nurse who has prescriptive
21authority in accordance with Section 65-40 of the Nurse
22Practice Act may prescribe undesignated epinephrine injectors
23in the name of the school district, public school, charter
24school, or nonpublic school to be maintained for use when
25necessary. Any supply of epinephrine injectors shall be
26maintained in accordance with the manufacturer's instructions.
		HB4247 Enrolled	- 12 -	LRB104 16732 LNS 30139 b
1    The school district, public school, charter school, or
2nonpublic school shall maintain a supply of an opioid
3antagonist in any secure location where an individual may have
4an opioid overdose, unless there is a shortage of opioid
5antagonists, in which case the school district, public school,
6charter school, or nonpublic school shall make a reasonable
7effort to maintain a supply of an opioid antagonist. Unless
8the school district, public school, charter school, or
9nonpublic school is able to obtain opioid antagonists without
10a prescription, a health care professional who has been
11delegated prescriptive authority for opioid antagonists in
12accordance with Section 5-23 of the Substance Use Disorder Act
13shall prescribe opioid antagonists in the name of the school
14district, public school, charter school, or nonpublic school,
15to be maintained for use when necessary. Any supply of opioid
16antagonists shall be maintained in accordance with the
17manufacturer's instructions.
18    The school district, public school, charter school, or
19nonpublic school may maintain a supply of asthma medication in
20any secure location that is accessible before, during, or
21after school where a person is most at risk, including, but not
22limited to, a classroom, [or] the nurse's office, or a practice 
23field or gym. A physician, a physician assistant who has
24prescriptive authority under Section 7.5 of the Physician
25Assistant Practice Act of 1987, or an advanced practice
26registered nurse who has prescriptive authority under Section
		HB4247 Enrolled	- 13 -	LRB104 16732 LNS 30139 b
165-40 of the Nurse Practice Act may prescribe undesignated
2asthma medication in the name of the school district, public
3school, charter school, or nonpublic school to be maintained
4for use when necessary. Any supply of undesignated asthma
5medication must be maintained in accordance with the
6manufacturer's instructions.
7    A school district that provides special educational
8facilities for children with disabilities under Section
914-4.01 of this Code may maintain a supply of undesignated
10oxygen tanks in any secure location that is accessible before,
11during, and after school where a person with developmental
12disabilities is most at risk, including, but not limited to,
13classrooms and lunchrooms. A physician, a physician assistant
14who has prescriptive authority in accordance with Section 7.5
15of the Physician Assistant Practice Act of 1987, or an
16advanced practice registered nurse who has prescriptive
17authority in accordance with Section 65-40 of the Nurse
18Practice Act may prescribe undesignated oxygen tanks in the
19name of the school district that provides special educational
20facilities for children with disabilities under Section
2114-4.01 of this Code to be maintained for use when necessary.
22Any supply of oxygen tanks shall be maintained in accordance
23with the manufacturer's instructions and with the local fire
24department's rules.
25    (f-3) Whichever entity initiates the process of obtaining
26undesignated epinephrine injectors and providing training to
		HB4247 Enrolled	- 14 -	LRB104 16732 LNS 30139 b
1personnel for carrying and administering undesignated
2epinephrine injectors shall pay for the costs of the
3undesignated epinephrine injectors.
4    (f-5) Upon any administration of an epinephrine injector,
5a school district, public school, charter school, or nonpublic
6school must immediately activate the EMS system and notify the
7student's parent, guardian, or emergency contact, if known.
8    Upon any administration of an opioid antagonist, a school
9district, public school, charter school, or nonpublic school
10must immediately activate the EMS system and notify the
11student's parent, guardian, or emergency contact, if known.
12    (f-10) Within 24 hours of the administration of an
13undesignated epinephrine injector, a school district, public
14school, charter school, or nonpublic school must notify the
15physician, physician assistant, or advanced practice
16registered nurse who provided the standing protocol and a
17prescription for the undesignated epinephrine injector of its
18use.
19    Within 24 hours after the administration of an opioid
20antagonist, a school district, public school, charter school,
21or nonpublic school must notify the health care professional
22who provided the prescription for the opioid antagonist of its
23use.
24    Within 24 hours after the administration of undesignated
25asthma medication, a school district, public school, charter
26school, or nonpublic school must notify the student's parent
		HB4247 Enrolled	- 15 -	LRB104 16732 LNS 30139 b
1or guardian or emergency contact, if known, and the physician,
2physician assistant, or advanced practice registered nurse who
3provided the standing protocol and a prescription for the
4undesignated asthma medication of its use. The district or
5school must follow up with the school nurse, if available, and
6may, with the consent of the child's parent or guardian,
7notify the child's health care provider of record, as
8determined under this Section, of its use.
9    (g) Prior to the administration of an undesignated
10epinephrine injector, trained personnel must submit to the
11school's administration proof of completion of a training
12curriculum to recognize and respond to anaphylaxis that meets
13the requirements of subsection (h) of this Section. Training
14must be completed annually. The school district, public
15school, charter school, or nonpublic school must maintain
16records related to the training curriculum and trained
17personnel.
18    Prior to the administration of an opioid antagonist,
19trained personnel must submit to the school's administration
20proof of completion of a training curriculum to recognize and
21respond to an opioid overdose, which curriculum must meet the
22requirements of subsection (h-5) of this Section. The school
23district, public school, charter school, or nonpublic school
24must maintain records relating to the training curriculum and
25the trained personnel.
26    Prior to the administration of undesignated asthma
		HB4247 Enrolled	- 16 -	LRB104 16732 LNS 30139 b
1medication, trained personnel must submit to the school's
2administration proof of completion of a training curriculum to
3recognize and respond to respiratory distress, which must meet
4the requirements of subsection (h-10) of this Section.
5Training must be completed annually, and the school district,
6public school, charter school, or nonpublic school must
7maintain records relating to the training curriculum and the
8trained personnel.
9    (h) A training curriculum to recognize and respond to
10anaphylaxis, including the administration of an undesignated
11epinephrine injector, may be conducted online or in person.
12    Training shall include, but is not limited to:
13        (1) how to recognize signs and symptoms of an allergic
14    reaction, including anaphylaxis;
15        (2) how to administer an epinephrine injector; and
16        (3) a test demonstrating competency of the knowledge
17    required to recognize anaphylaxis and administer an
18    epinephrine injector.
19    Training may also include, but is not limited to:
20        (A) a review of high-risk areas within a school and
21    its related facilities;
22        (B) steps to take to prevent exposure to allergens;
23        (C) emergency follow-up procedures, including the
24    importance of calling 9-1-1 or, if 9-1-1 is not available,
25    other local emergency medical services;
26        (D) how to respond to a student with a known allergy,
		HB4247 Enrolled	- 17 -	LRB104 16732 LNS 30139 b
1    as well as a student with a previously unknown allergy;
2        (E) other criteria as determined in rules adopted
3    pursuant to this Section; and
4        (F) any policy developed by the State Board of
5    Education under Section 2-3.190.
6    In consultation with statewide professional organizations
7representing physicians licensed to practice medicine in all
8of its branches, registered nurses, and school nurses, the
9State Board of Education shall make available resource
10materials consistent with criteria in this subsection (h) for
11educating trained personnel to recognize and respond to
12anaphylaxis. The State Board may take into consideration the
13curriculum on this subject developed by other states, as well
14as any other curricular materials suggested by medical experts
15and other groups that work on life-threatening allergy issues.
16The State Board is not required to create new resource
17materials. The State Board shall make these resource materials
18available on its Internet website.
19    (h-5) A training curriculum to recognize and respond to an
20opioid overdose, including the administration of an opioid
21antagonist, may be conducted online or in person. The training
22must comply with any training requirements under Section 5-23
23of the Substance Use Disorder Act and the corresponding rules.
24It must include, but is not limited to:
25        (1) how to recognize symptoms of an opioid overdose;
26        (2) information on drug overdose prevention and
		HB4247 Enrolled	- 18 -	LRB104 16732 LNS 30139 b
1    recognition;
2        (3) how to perform rescue breathing and resuscitation;
3        (4) how to respond to an emergency involving an opioid
4    overdose;
5        (5) opioid antagonist dosage and administration;
6        (6) the importance of calling 9-1-1 or, if 9-1-1 is
7    not available, other local emergency medical services;
8        (7) care for the overdose victim after administration
9    of the overdose antagonist;
10        (8) a test demonstrating competency of the knowledge
11    required to recognize an opioid overdose and administer a
12    dose of an opioid antagonist; and
13        (9) other criteria as determined in rules adopted
14    pursuant to this Section.
15    (h-10) A training curriculum to recognize and respond to
16respiratory distress, including the administration of
17undesignated asthma medication, may be conducted online or in
18person. The training must include, but is not limited to:
19        (1) how to recognize symptoms of respiratory distress
20    and how to distinguish respiratory distress from
21    anaphylaxis;
22        (2) how to respond to an emergency involving
23    respiratory distress;
24        (3) asthma medication dosage and administration;
25        (4) the importance of calling 9-1-1 or, if 9-1-1 is
26    not available, other local emergency medical services;
		HB4247 Enrolled	- 19 -	LRB104 16732 LNS 30139 b
1        (5) a test demonstrating competency of the knowledge
2    required to recognize respiratory distress and administer
3    asthma medication; and
4        (6) other criteria as determined in rules adopted
5    under this Section.
6    (i) Within 3 days after the administration of an
7undesignated epinephrine injector by a school nurse, trained
8personnel, or a student at a school or school-sponsored
9activity, the school must report to the State Board of
10Education in a form and manner prescribed by the State Board
11the following information:
12        (1) age and type of person receiving epinephrine
13    (student, staff, visitor);
14        (2) any previously known diagnosis of a severe
15    allergy;
16        (3) trigger that precipitated allergic episode;
17        (4) location where symptoms developed;
18        (5) number of doses administered;
19        (6) type of person administering epinephrine (school
20    nurse, trained personnel, student); and
21        (7) any other information required by the State Board.
22    If a school district, public school, charter school, or
23nonpublic school maintains or has an independent contractor
24providing transportation to students who maintains a supply of
25undesignated epinephrine injectors, then the school district,
26public school, charter school, or nonpublic school must report
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1that information to the State Board of Education upon adoption
2or change of the policy of the school district, public school,
3charter school, nonpublic school, or independent contractor,
4in a manner as prescribed by the State Board. The report must
5include the number of undesignated epinephrine injectors in
6supply.
7    (i-5) Within 3 days after the administration of an opioid
8antagonist by a school nurse or trained personnel, the school
9must report to the State Board of Education, in a form and
10manner prescribed by the State Board, the following
11information:
12        (1) the age and type of person receiving the opioid
13    antagonist (student, staff, or visitor);
14        (2) the location where symptoms developed;
15        (3) the type of person administering the opioid
16    antagonist (school nurse or trained personnel); and
17        (4) any other information required by the State Board.
18    (i-10) Within 3 days after the administration of
19undesignated asthma medication by a school nurse, trained
20personnel, or a student at a school or school-sponsored
21activity, the school must report to the State Board of
22Education, on a form and in a manner prescribed by the State
23Board of Education, the following information:
24        (1) the age and type of person receiving the asthma
25    medication (student, staff, or visitor);
26        (2) any previously known diagnosis of asthma for the
		HB4247 Enrolled	- 21 -	LRB104 16732 LNS 30139 b
1    person;
2        (3) the trigger that precipitated respiratory
3    distress, if identifiable;
4        (4) the location of where the symptoms developed;
5        (5) the number of doses administered;
6        (6) the type of person administering the asthma
7    medication (school nurse, trained personnel, or student);
8        (7) the outcome of the asthma medication
9    administration; and
10        (8) any other information required by the State Board.
11    (j) By October 1, 2015 and every year thereafter, the
12State Board of Education shall submit a report to the General
13Assembly identifying the frequency and circumstances of
14undesignated epinephrine and undesignated asthma medication
15administration during the preceding academic year. Beginning
16with the 2017 report, the report shall also contain
17information on which school districts, public schools, charter
18schools, and nonpublic schools maintain or have independent
19contractors providing transportation to students who maintain
20a supply of undesignated epinephrine injectors. This report
21shall be published on the State Board's Internet website on
22the date the report is delivered to the General Assembly.
23    (j-5) Annually, each school district, public school,
24charter school, or nonpublic school shall request an asthma
25action plan from the parents or guardians of a pupil with
26asthma. If provided, the asthma action plan must be kept on
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1file in the office of the school nurse or, in the absence of a
2school nurse, the school administrator. Copies of the asthma
3action plan may be distributed to appropriate school staff who
4interact with the pupil on a regular basis, and, if
5applicable, may be attached to the pupil's federal Section 504
6plan or individualized education program plan.
7    (j-10) To assist schools with emergency response
8procedures for asthma, the State Board of Education, in
9consultation with statewide professional organizations with
10expertise in asthma management and a statewide organization
11representing school administrators, shall develop a model
12asthma episode emergency response protocol before September 1,
132016. Each school district, charter school, and nonpublic
14school shall adopt an asthma episode emergency response
15protocol before January 1, 2017 that includes all of the
16components of the State Board's model protocol.
17    (j-15) (Blank).
18    (j-20) On or before October 1, 2016 and every year
19thereafter, the State Board of Education shall submit a report
20to the General Assembly and the Department of Public Health
21identifying the frequency and circumstances of opioid
22antagonist administration during the preceding academic year.
23This report shall be published on the State Board's Internet
24website on the date the report is delivered to the General
25Assembly.
26    (k) The State Board of Education may adopt rules necessary
		HB4247 Enrolled	- 23 -	LRB104 16732 LNS 30139 b
1to implement this Section.
2    (l) Nothing in this Section shall limit the amount of
3epinephrine injectors that any type of school or student may
4carry or maintain a supply of.
5    (m) The changes made to this Section by this amendatory 
6Act of the 104th General Assembly are subject to appropriation 
7or available grant funding.
8(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
9103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
101-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
11for effective date of P.A. 103-542); 103-605, eff. 7-1-24.)