96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5836


 
Introduced 2/10/2010, by Rep. Esther Golar
 
SYNOPSIS AS INTRODUCED:
 		





 


  



105 ILCS 5/22-30










     Amends the School Code.  With respect to the self-administration of medication, provides that in the case of an asthma inhaler, the parents or guardians of the pupil may provide a written statement to the school from the parents or guardians containing specified information concerning the medication, along with the prescription label (instead of requiring the statement to be from the pupil's physician, physician assistant, or advanced practice registered nurse). Effective immediately.
  















LRB096 17765 NHT 33132 b

















 


 


A BILL FOR









 




  






HB5836

LRB096 17765 NHT 33132 b





  
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    AN ACT concerning education.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The School Code is amended  by changing Section 
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22-30 as follows:
 



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    (105 ILCS 5/22-30)



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

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    (a) In this Section:

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

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

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(ii) a physician assistant who has been delegated the authority 
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to prescribe
asthma
medications by his or her supervising 
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physician, or (iii) an advanced practice
registered nurse who 
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has a written
collaborative agreement with a collaborating 
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physician that delegates the
authority
to prescribe asthma 
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medications,
for a pupil that pertains to the pupil's
asthma 
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and that has an individual prescription label.

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

 


 






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

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self-administration of
medication by a pupil with asthma or the 
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use of an epinephrine auto-injector by a pupil, provided that:


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        (1) the parents or
guardians of the pupil provide to 
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    the school written
authorization for the 
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    self-administration of medication or use of an epinephrine 
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    auto-injector; and


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        (2) the
parents or guardians of the pupil provide to 
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    the school (i) a
written
statement from the pupil's 
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    physician, physician assistant, or advanced practice

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    registered nurse containing
the following information or 
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    (ii) in the case of an asthma inhaler, the prescription 
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    label, along with a written statement from the parents or 
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    guardians containing the following information:


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


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            (B) the prescribed dosage; and


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            (C) the time or times at which or the special 
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        circumstances
under which the medication or 
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        epinephrine auto-injector is to be administered.

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

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    (c) The school district or nonpublic school must inform the 
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parents or
guardians of the
pupil, in writing, that the school 
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district or nonpublic school and its
employees and
agents
are 
 


 






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to incur no liability, except for willful and wanton conduct, 
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as a result
of any injury arising from the
self-administration 
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of medication or use of an epinephrine auto-injector by the 
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pupil.  The parents or guardians
of the pupil must sign a 
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statement acknowledging that the school district
or nonpublic 
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school is to incur no liability, except for willful and wanton

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conduct, as a result of any injury arising
from the

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self-administration of medication or use of an epinephrine 
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auto-injector by the pupil and that the parents or
guardians 
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must indemnify and hold harmless the school district or 
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nonpublic
school and
its
employees and agents against any 
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claims, except a claim based on willful and
wanton conduct, 
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arising out of the
self-administration of medication or use of 
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an epinephrine auto-injector by the pupil.

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    (d) The permission for self-administration of medication 
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or use of an epinephrine auto-injector is effective
for the 
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school year for which it is granted and shall be renewed each

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subsequent school year upon fulfillment of the requirements of 
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this
Section.

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    (e) Provided that the requirements of this Section are 
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fulfilled, a
pupil with asthma may possess and use his or her 
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medication or a pupil may possess and use an epinephrine 
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auto-injector (i) while in
school, (ii) while at a 
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school-sponsored activity, (iii) while under the
supervision 
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of
school personnel, or (iv) before or after normal school 
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activities, such
as while in before-school or after-school care 
 


 






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on school-operated
property.

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

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