Rep. Esther Golar
Filed: 3/16/2010
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1 | AMENDMENT TO HOUSE BILL 5836
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2 | AMENDMENT NO. ______. Amend House Bill 5836 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 22-30 as follows:
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6 | (105 ILCS 5/22-30)
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7 | Sec. 22-30. Self-administration of medication.
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8 | (a) In this Section:
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9 | "Asthma inhaler" means a quick reliever asthma inhaler. | ||||||
10 | "Epinephrine auto-injector" means a medical device for | ||||||
11 | immediate self-administration by a person at risk of | ||||||
12 | anaphylaxis.
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13 | "Medication" means a medicine, prescribed by (i) a | ||||||
14 | physician
licensed to practice medicine in all its branches,
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15 | (ii) a physician assistant who has been delegated the authority | ||||||
16 | to prescribe
asthma
medications by his or her supervising |
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1 | physician, or (iii) an advanced practice
registered nurse who | ||||||
2 | has a written
collaborative agreement with a collaborating | ||||||
3 | physician that delegates the
authority
to prescribe asthma | ||||||
4 | medications,
for a pupil that pertains to the pupil's
asthma | ||||||
5 | and that has an individual prescription label.
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6 | "Self-administration" means a pupil's discretionary use of | ||||||
7 | and ability to carry his or
her prescribed asthma medication.
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8 | (b) A school, whether public or nonpublic, must permit the
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9 | self-administration of
medication by a pupil with asthma or the | ||||||
10 | use of an epinephrine auto-injector by a pupil, provided that:
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11 | (1) the parents or
guardians of the pupil provide to | ||||||
12 | the school (i) written
authorization from the parents or | ||||||
13 | guardians for the self-administration of medication or | ||||||
14 | (ii) for use of an epinephrine auto-injector , written | ||||||
15 | authorization from the pupil's physician, physician | ||||||
16 | assistant, or advanced practice registered nurse ; and
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17 | (2) the
parents or guardians of the pupil provide to | ||||||
18 | the school (i) the prescription label, which must contain | ||||||
19 | the name of the medication, the prescribed dosage, and the | ||||||
20 | time at which or circumstances under which the medication | ||||||
21 | is to be administered, or (ii) for use of an epinephrine | ||||||
22 | auto-injector, a
written
statement from the pupil's | ||||||
23 | physician, physician assistant, or advanced practice
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24 | registered nurse containing
the following information:
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25 | (A) the name and purpose of the medication or | ||||||
26 | epinephrine auto-injector;
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1 | (B) the prescribed dosage; and
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2 | (C) the time or times at which or the special | ||||||
3 | circumstances
under which the medication or | ||||||
4 | epinephrine auto-injector is to be administered.
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5 | In the event that the pupil's physician, physician assistant, | ||||||
6 | or advanced practice registered nurse determines that it is | ||||||
7 | inappropriate for the pupil to self-administer his or her | ||||||
8 | asthma inhaler, those instructions must be included in the | ||||||
9 | prescribing information provided to the school under clause (2) | ||||||
10 | of this subsection (b). The information provided shall be kept | ||||||
11 | on file in the office of the school
nurse or,
in the absence of | ||||||
12 | a school nurse, the school's administrator.
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13 | (c) The school district or nonpublic school must inform the | ||||||
14 | parents or
guardians of the
pupil, in writing, that the school | ||||||
15 | district or nonpublic school and its
employees and
agents
are | ||||||
16 | to incur no liability, except for willful and wanton conduct, | ||||||
17 | as a result
of any injury arising from the
self-administration | ||||||
18 | of medication or use of an epinephrine auto-injector by the | ||||||
19 | pupil regardless of whether authorization was given by the | ||||||
20 | pupil's parents or guardians or by the pupil's physician, | ||||||
21 | physician's assistant, or advanced practice registered nurse . | ||||||
22 | The parents or guardians
of the pupil must sign a statement | ||||||
23 | acknowledging that the school district
or nonpublic school is | ||||||
24 | to incur no liability, except for willful and wanton
conduct, | ||||||
25 | as a result of any injury arising
from the
self-administration | ||||||
26 | of medication or use of an epinephrine auto-injector by the |
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1 | pupil regardless of whether authorization was given by the | ||||||
2 | pupil's parents or guardians or by the pupil's physician, | ||||||
3 | physician's assistant, or advanced practice registered nurse | ||||||
4 | and that the parents or
guardians must indemnify and hold | ||||||
5 | harmless the school district or nonpublic
school and
its
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6 | employees and agents against any claims, except a claim based | ||||||
7 | on willful and
wanton conduct, arising out of the
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8 | self-administration of medication or use of an epinephrine | ||||||
9 | auto-injector by the pupil regardless of whether authorization | ||||||
10 | was given by the pupil's parents or guardians or by the pupil's | ||||||
11 | physician, physician's assistant, or advanced practice | ||||||
12 | registered nurse .
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13 | (d) The permission for self-administration of medication | ||||||
14 | or use of an epinephrine auto-injector is effective
for the | ||||||
15 | school year for which it is granted and shall be renewed each
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16 | subsequent school year upon fulfillment of the requirements of | ||||||
17 | this
Section.
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18 | (e) Provided that the requirements of this Section are | ||||||
19 | fulfilled, a
pupil with asthma may possess and use his or her | ||||||
20 | medication or a pupil may possess and use an epinephrine | ||||||
21 | auto-injector (i) while in
school, (ii) while at a | ||||||
22 | school-sponsored activity, (iii) while under the
supervision | ||||||
23 | of
school personnel, or (iv) before or after normal school | ||||||
24 | activities, such
as while in before-school or after-school care | ||||||
25 | on school-operated
property.
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26 | (Source: P.A. 94-792, eff. 5-19-06.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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