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students to complete an in-person or online training program on the management of asthma,
the prevention of asthma symptoms, and emergency response in the school setting every
two years) requires asthma action plans. Some attorneys advise that all asthma action plans
mandate an immediate 911 call based upon In re Estate of Stewart, 406 Ill.Dec. 345 (2nd
DRAFT
Dist. 2016); In re Estate of Stewart, 412 Ill.Dec. 914 (Ill. 2017) (school district’s appeal
denied) (holding that a teacher’s failure to dial 911 immediately upon a student’s asthma
attack was willful and wanton conduct, subjecting the school district to liability and barring
immunity protections under the Local Governmental and Governmental Employees Tort
Immunity Act). Consult the Board attorney about whether to contact EMS when any
asthma medication is administered.
2. Notification to the student’s parent, guardian, or emergency contact, if known. UId. 105
U
ILCS 5/22-30(f-5), amended by P.A. 100-726, does not address contacting the student’s
parent, guardian, or emergency contact upon the administration of any asthma medication.
See the discussion in number 1, above, about asthma action plans pursuant to 105 ILCS
5/22-30(j-15), and consult the Board attorney.
The following reports and/or notifications by the school nurse (unless otherwise specified) when a(n):
UEI was administered: UOA was UAM was UG was
administered: administered: administered:
a. Physician, physician a. The health care a. Physician, Immediately
assistant, or advance professional (20 physician assistant, after
practice registered ILCS 301/5- or advanced administering
nurse who provided 23(d)(4), amended practice registered UG to a
the standing by P.A. 100-201) nurse who student, notify
protocol or who provided the provided the the school
prescription for the prescription for the standing protocol nurse (if
UEI within 24 opioid antagonist and a prescription school nurse
hours. 105 ILCS within 24 hours. for the UAM did not
5/22-30(f-10), 105 ILCS 5/22-30(f- within 24 hours. administer the
amended by P.A. 10), amended by 105 ILCS 5/22- UG to the
100-513. P.A. 100-513. 30(f-10), amended student). The
b. Ill. State Board of b. Ill. State Board of by P.A. 100-726. delegated care
Education (ISBE) Education (ISBE) b. Ill. State Board of aide or school
nurse then
within three (3) within three (3) Education (ISBE)
days. 105 ILCS days. 105 ILCS within three (3) notifies the
5/22-30(i). 5/22-30(i-5). days. 105 ILCS student’s
parent or
Notification will be Notification will be 5/22-30(i-10),
on an ISBE- on an ISBE- amended by P.A. guardian or
prescribed form, and prescribed form, and 100-726. emergency
contact (if
will include: will include: Notification will be known) and
i. Age and type of i. Age and type of on an ISBE- health care
person receiving person receiving prescribed form, provider of its
epinephrine the opioid and will include: use. 105 ILCS
(student, staff, antagonist i. Age and type 145/47, added
visitor); (student, staff, of person by P.A. 101-
ii. Any previously or visitor); receiving 428.
known ii. Location where asthma
diagnosis of a symptoms medication
severe allergy; developed; (student, staff,

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