Elementary & Secondary Education Committee
Filed: 3/11/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5836 




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    AMENDMENT NO. ______. Amend House Bill 5836 by replacing 
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everything after the enacting clause with the following:


 
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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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and ability to carry 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) the prescription label, which must contain 
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    the name of the medication, the prescribed dosage, and the 
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    time at which or circumstances under which the medication 
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    is to be administered, or (ii) for use of an epinephrine 
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    auto-injector, 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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    containing a prescription label containing the following 
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    information, along with a written statement from the 
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    parents or 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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In the event that the pupil's physician, physician assistant, 
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or advanced practice registered nurse determines that it is 
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inappropriate for the pupil to self-administer his or her 
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asthma inhaler, those instructions must be included in the 
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prescribing information provided to the school under clause (2) 
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of this subsection (b). The information provided shall be kept 
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on file in the office of the school
nurse or,
in the absence of 
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a school nurse, the 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.".