Public Act 101-0205
 
SB1250 EnrolledLRB101 08388 AXK 53458 b



    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 
10-22.21b and by adding Section 34-18.61 as follows:
 



    (105 ILCS 5/10-22.21b)  (from Ch. 122, par. 10-22.21b)



    Sec. 10-22.21b. Administering medication. 
    (a) In this Section, "asthma action plan" has the meaning 
given to that term under Section 22-30. 
    (b) To provide for the
administration of medication to 
students.  It shall be the policy of the
State of Illinois that 
the administration of medication to students during
regular 
school hours and during school-related activities should be

discouraged unless absolutely necessary for the critical 
health and
well-being of the student.  Under no circumstances 
shall
teachers or other non-administrative school employees, 
except certified
school nurses and non-certificated registered 
professional nurses, be
required
to administer medication to 
students.  This
Section shall not prohibit a school district 
from adopting guidelines for
self-administration of medication 
by students that are consistent with this Section and this 
Code.  This Section shall not
prohibit any school employee from 
providing emergency assistance to students.

    (c) Notwithstanding any other provision of law, a school 
district must allow any student with an asthma action plan, an 
Individual Health Care Action Plan, an Illinois Food Allergy 
Emergency Action Plan and Treatment Authorization Form, a plan 
pursuant to Section 504 of the federal Rehabilitation Act of 
1973, or a plan pursuant to the federal Individuals with 
Disabilities Education Act to self-administer any medication 
required under those plans if the student's parent or guardian 
provides the school district with (i) written permission for 
the student's self-administration of medication and (ii) 
written authorization from the student's physician, physician 
assistant, or advanced practice registered nurse for the 
student to self-administer the medication. A parent or guardian 
must also provide to the school district the prescription label 
for the medication, which must contain the name of the 
medication, the prescribed dosage, and the time or times at 
which or the circumstances under which the medication is to be 
administered. Information received by a school district under 
this subsection shall be kept on file in the office of the 
school nurse or, in the absence of a school nurse, the school's 
administrator.
    (d) Each school district must adopt an emergency action 
plan for a student who self-administers medication under 
subsection (c). The plan must include both of the following:
        (1) A plan of action in the event a student is unable 
    to self-administer medication.
        (2) The situations in which a school must call 9-1-1.
    (e) A school district and its employees and agents shall 
incur no liability, except for willful and wanton conduct, as a 
result of any injury arising from the self-administration of 
medication by a student under subsection (c). The student's 
parent or guardian must sign a statement to this effect, which 
must acknowledge that the parent or guardian must indemnify and 
hold harmless the school district and its employees and agents 
against any claims, except a claim based on willful and wanton 
conduct, arising out of the self-administration of medication 
by a student. 
(Source: P.A. 91-719, eff. 6-2-00.)

 
    (105 ILCS 5/34-18.61 new)
    Sec. 34-18.61. Self-administrating medication. 
    (a) In this Section, "asthma action plan" has the meaning 
given to that term under Section 22-30.
    (b) Notwithstanding any other provision of law, the school 
district must allow any student with an asthma action plan, an 
Individual Health Care Action Plan, an Illinois Food Allergy 
Emergency Action Plan and Treatment Authorization Form, a plan 
pursuant to Section 504 of the federal Rehabilitation Act of 
1973, or a plan pursuant to the federal Individuals with 
Disabilities Education Act to self-administer any medication 
required under those plans if the student's parent or guardian 
provides the school district with (i) written permission for 
the student's self-administration of medication and (ii) 
written authorization from the student's physician, physician 
assistant, or advanced practice registered nurse for the 
student to self-administer the medication. A parent or guardian 
must also provide to the school district the prescription label 
for the medication, which must contain the name of the 
medication, the prescribed dosage, and the time or times at 
which or the circumstances under which the medication is to be 
administered. Information received by the school district 
under this subsection shall be kept on file in the office of 
the school nurse or, in the absence of a school nurse, the 
school's administrator.
    (c) The school district must adopt an emergency action plan 
for a student who self-administers medication under subsection 
(b). The plan must include both of the following:
        (1) A plan of action in the event a student is unable 
    to self-administer medication.
        (2) The situations in which a school must call 9-1-1.
    (d) The school district and its employees and agents shall 
incur no liability, except for willful and wanton conduct, as a 
result of any injury arising from the self-administration of 
medication by a student under subsection (b). The student's 
parent or guardian must sign a statement to this effect, which 
must acknowledge that the parent or guardian must indemnify and 
hold harmless the school district and its employees and agents 
against any claims, except a claim based on willful and wanton 
conduct, arising out of the self-administration of medication 
by a student.