94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2898


 
Introduced 1/20/2006, by Sen. Edward D. Maloney
 
SYNOPSIS AS INTRODUCED:
 		















105 ILCS 5/22-30





30 ILCS 805/8.30 new









    Amends the School Code. In provisions that require a public or nonpublic school to  permit  the
   self-administration  of medication by a pupil with asthma,
   adds the requirement that the school also permit the self-administration of medication by a pupil with allergies.  Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















LRB094 17501 NHT 52797 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2898

LRB094 17501 NHT 52797 b






1
    AN ACT concerning schools.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The School Code is amended  by changing Section 
5
22-30 as follows:
 



6
    (105 ILCS 5/22-30)



7
    Sec. 22-30. Self-administration of asthma medication. 

8
    (a) In this Section:

9
    "Medication" means a medicine, prescribed by (i) a 
10
physician
licensed to practice medicine in all its branches,

11
(ii) a physician assistant who has been delegated the authority 
12
to prescribe
asthma or allergy
medications by his or her 
13
supervising physician, or (iii) an advanced practice

14
registered nurse who has a written
collaborative agreement with 
15
a collaborating physician that delegates the
authority
to 
16
prescribe asthma or allergy medications,
for a pupil that 
17
pertains to the pupil's
asthma or allergies and that has an 
18
individual prescription label.

19
    "Self-administration" means a pupil's discretionary use of 
20
his or
her prescribed asthma or allergy medication.

21
    (b) A school, whether public or nonpublic, must permit the

22
self-administration of
medication by a pupil with asthma or 
23
allergies, provided that:


24
        (1) the parents or
guardians of the pupil provide to 
25
    the school written
authorization for the 
26
    self-administration of medication; and


27
        (2) the
parents or guardians of the pupil provide to 
28
    the school a
written
statement from the pupil's physician, 
29
    physician assistant, or advanced practice
registered nurse 
30
    containing
the following information:


31
            (A) the name and purpose of the medication;


32
            (B) the prescribed dosage; and


 


 






SB2898
- 2 -
LRB094 17501 NHT 52797 b




1
            (C) the time or times at which or the special 
2
        circumstances
under which the medication is to be 
3
        administered.

4
The information provided shall be kept on file in the office of 
5
the school
nurse or,
in the absence of a school nurse, the 
6
school's administrator.

7
    (c) The school district or nonpublic school must inform the 
8
parents or
guardians of the
pupil, in writing, that the school 
9
district or nonpublic school and its
employees and
agents
are 
10
to incur no liability, except for willful and wanton conduct, 
11
as a result
of any injury arising from the
self-administration 
12
of medication by the pupil.  The parents or guardians
of the 
13
pupil must sign a statement acknowledging that the school 
14
district
or nonpublic school is to incur no liability, except 
15
for willful and wanton
conduct, as a result of any injury 
16
arising
from the
self-administration of medication by the pupil 
17
and that the parents or
guardians must indemnify and hold 
18
harmless the school district or nonpublic
school and
its

19
employees and agents against any claims, except a claim based 
20
on willful and
wanton conduct, arising out of the

21
self-administration of medication by the pupil.

22
    (d) The permission for self-administration of medication 
23
is effective
for the school year for which it is granted and 
24
shall be renewed each
subsequent school year upon fulfillment 
25
of the requirements of this
Section.

26
    (e) Provided that the requirements of this Section are 
27
fulfilled, a
pupil with asthma or allergies may possess and use 
28
his or her medication (i) while in
school, (ii) while at a 
29
school-sponsored activity, (iii) while under the
supervision 
30
of
school personnel, or (iv) before or after normal school 
31
activities, such
as while in before-school or after-school care 
32
on school-operated
property.

33
(Source: P.A. 92-402, eff. 8-16-01.)

 
34
    Section 90. The State Mandates Act is amended by adding 
35
Section 8.30 as
follows:


 
 


 






SB2898
- 3 -
LRB094 17501 NHT 52797 b




1
    (30 ILCS 805/8.30 new)

2
    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
3
of this
Act, no reimbursement by the State is required for the 
4
implementation of
any mandate created by this amendatory Act of 
5
the 94th General Assembly.

 

6
    Section 99. Effective date. This Act takes effect upon 
7
becoming law.