Public Act 096-1460
 
HB5836 EnrolledLRB096 17765 NHT 33132 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 
22-30 as follows:
 



    (105 ILCS 5/22-30)



    Sec. 22-30. Self-administration of medication. 

    (a) In this Section:

    "Asthma inhaler" means a quick reliever asthma inhaler. 
    "Epinephrine auto-injector" means a medical device for 
immediate self-administration by a person at risk of 
anaphylaxis.

    "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
registered nurse who 
has a written
collaborative agreement with a collaborating 
physician that delegates the
authority
to prescribe asthma 
medications,
for a pupil that pertains to the pupil's
asthma 
and that has an individual prescription label.

    "Self-administration" means a pupil's discretionary use of 
and ability to carry his or
her prescribed asthma medication.

    (b) A school, whether public or nonpublic, must permit the

self-administration of
medication by a pupil with asthma or the 
use 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 the self-administration of medication or 
    (ii) for use of an epinephrine auto-injector, written 
    authorization from the pupil's physician, physician 
    assistant, or advanced practice registered 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 medication, the prescribed dosage, and the 
    time at which or circumstances under which the medication 
    is to be administered, or (ii) for use of an epinephrine 
    auto-injector, a
written
statement from the pupil's 
    physician, physician assistant, or advanced practice

    registered nurse containing
the following information:


            (A) the name and purpose of the medication or 
        epinephrine auto-injector;


            (B) the prescribed dosage; and


            (C) the time or times at which or the special 
        circumstances
under which the medication or 
        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.

    (c) The school district or nonpublic school must inform the 
parents or
guardians of the
pupil, in writing, that the school 
district 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
self-administration 
of medication or use of an epinephrine auto-injector by the 
pupil regardless of whether authorization was given by the 
pupil's parents or guardians or by the pupil's physician, 
physician's assistant, or advanced practice registered nurse.  
The parents or guardians
of the pupil must sign a statement 
acknowledging that the school district
or nonpublic school is 
to incur no liability, except for willful and wanton
conduct, 
as a result of any injury arising
from the
self-administration 
of medication or use of an epinephrine auto-injector by the 
pupil regardless of whether authorization was given by the 
pupil's parents or guardians or by the pupil's physician, 
physician's assistant, or advanced practice registered nurse 
and that the parents or
guardians must indemnify and hold 
harmless the school district or nonpublic
school 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 or use of an epinephrine 
auto-injector by the pupil regardless of whether authorization 
was given by the pupil's parents or guardians or by the pupil's 
physician, physician's assistant, or advanced practice 
registered nurse.

    (d) The permission for self-administration of medication 
or use 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.

    (e) Provided that the requirements of this Section are 
fulfilled, a
pupil with asthma may possess and use his or her 
medication or a pupil may possess and use 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.

(Source: P.A. 94-792, eff. 5-19-06.)

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