Public Act 097-0361
 
HB3294 EnrolledLRB097 10922 RPM 51480 b


  
    AN ACT concerning schools.
  
 
    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 and school 
nurse administration. 

    (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 epinephrine 
        auto-injector;


            (B) the prescribed dosage; and


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

    (b-5)  A school district or nonpublic school may authorize 
the provision of an epinephrine auto-injector to a student or 
any personnel authorized under a student's Individual Health 
Care Action Plan, Illinois Food Allergy Emergency Action Plan 
and Treatment Authorization Form, or plan pursuant to Section 
504 of the federal Rehabilitation Act of 1973 to administer an 
epinephrine auto-injector to the student, that meets the 
prescription on file.
    (b-10)  The school district or nonpublic school may 
authorize a school nurse do the following: (i) provide an 
epinephrine auto-injector to a student or any personnel 
authorized under a student's Individual Health Care Action 
Plan, Illinois Food Allergy Emergency Action Plan and Treatment 
Authorization Form, or plan pursuant to Section 504 of the 
federal Rehabilitation Act of 1973 to administer an epinephrine 
auto-injector to the student, that meets the prescription on 
file; (ii) administer an epinephrine auto-injector that meets 
the prescription on file to any student who has an Individual 
Health Care Action Plan, Illinois Food Allergy Emergency Action 
Plan and Treatment Authorization Form, or plan pursuant to 
Section 504 of the federal Rehabilitation Act of 1973 that 
authorizes the use of an Epinephrine auto-injector; and (iii) 
administer an epinephrine auto-injector to any student that the 
school nurse in good faith professionally believes is having an 
anaphylactic reaction. 
    (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, 
including a physician providing standing protocol or 
prescription for school epinephrine auto-injectors,
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 and its employees 
and agents are 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. When a school nurse administers an 
epinephrine auto-injector to a student whom the school  nurse in 
good faith professionally believes is having an anaphylactic 
reaction, notwithstanding the lack of notice to the parents or 
guardians of the pupil or the absence of the parents or 
guardians signed statement acknowledging no liability, except 
for willful and wanton conduct, the school district or 
nonpublic school and its employees and agents, including a 
physician providing standing protocol or prescription for 
school epinephrine auto-injectors, are to incur no liability, 
except for willful and wanton conduct, as a result of any 
injury arising from the use of an epinephrine auto-injector 
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.

    (f) The school district or nonpublic school may maintain at 
a school in a locked, secure location a supply of epinephrine 
auto-injectors. A physician may prescribe epinephrine 
auto-injectors in the name of the school district or nonpublic 
school to be maintained for use when necessary. The school 
district or nonpublic school supply of epinephrine 
auto-injectors may be provided to and utilized by any student 
authorized to self-administer that meets the prescription on 
file or by any personnel authorized under a student's 
Individual Health Care Action Plan, Illinois Food Allergy 
Emergency Action Plan and Treatment Authorization Form, or plan 
pursuant to Section 504 of the federal Rehabilitation Act of 
1973 to administer an epinephrine auto-injector to the student, 
that meets the prescription on file. When a student does not 
have an epinephrine auto-injector or a prescription for an 
epinephrine auto-injector on file, the school nurse may utilize 
the school district or nonpublic school supply of epinephrine 
auto-injectors to respond to anaphylactic reaction, under a 
standing protocol from a physician licensed to practice 
medicine in all its branches and the requirements of this 
Section. 
(Source: P.A. 96-1460, eff. 8-20-10.)

 
    Section 10. The Illinois Food, Drug and Cosmetic Act is 
amended  by changing Section 3.21 as follows:
 



    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)


    Sec. 3.21. Except as authorized by this Act, the Controlled 
Substances
Act, the Pharmacy Practice Act, the Dental Practice 
Act, the Medical
Practice Act of 1987, the Veterinary Medicine 
and Surgery Practice Act of
2004, or the Podiatric Medical 
Practice Act of 1987, or Section 22-30 of the School Code, to 
sell or dispense a
prescription drug without a prescription.

(Source: P.A. 95-689, eff. 10-29-07.)

 

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