SB1778sam001 102ND GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 1/18/2022

10200SB1778sam001 LRB102 15966 CPF 33326 a

AMENDMENT TO SENATE BILL 1778

AMENDMENT NO. ______. Amend Senate Bill 1778 by replacing everything after the enacting clause with the following:

"Section 5. The Asthma Inhalers at Recreational Camps Act is amended by changing Sections 5 and 10 as follows:

(410 ILCS 607/5)

Sec. 5. Definitions. In this Act:

"After-school care program" means an after-school care program operated by a park district or any nonprofit or for-profit entity on school district property.

"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, 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.

(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 administer an undesignated epinephrine injector to any child whom the after-school care program personnel in good faith believes to be having an anaphylactic reaction while in the after-school care program and may carry undesignated epinephrine injectors on his or her person while in the after-school care program.

(f) After-school care program personnel may administer undesignated asthma medication to any child whom the after-school care program personnel in good faith believes to be experiencing respiratory distress while in the after-school care program. After-school care program personnel may carry undesignated asthma medication on his or her person while in the after-school care program.

(g) When after-school care program personnel administer an undesignated epinephrine injector 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, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for after-school care program epinephrine injectors or undesignated asthma medication, 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 an epinephrine injector regardless of whether authorization was given by the child's parents or guardians or by the child's physician, physician assistant, or 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 asthma medication or an epinephrine injector regardless of whether authorization was given by the child's parent or guardian or by the child's physician, physician assistant, or advanced practice registered nurse and that the parent or guardian must indemnify and hold harmless the after-school care program 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 an epinephrine injector regardless of whether authorization was given by the child's parent or guardian or by the child's physician, physician assistant, or advanced practice registered nurse.

(h) When after-school care program personnel administer an undesignated epinephrine injector to a person whom the after-school care program personnel in good faith believes is having an anaphylactic reaction or administers undesignated asthma medication to a person whom the after-school care program personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parent or guardian of the child or the absence of the parent's or guardian's signed statement acknowledging no liability, except for willful and wanton conduct, the after-school care program and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors or undesignated asthma medication, 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 injector or the use of undesignated asthma medication, regardless of whether authorization was given by the child's parent or guardian or by the child's physician, physician assistant, or advanced practice registered nurse.

(Source: P.A. 94-670, eff. 8-23-05.)

Section 99. Effective date. This Act takes effect upon becoming law.".