Rep. Linda Chapa LaVia
Filed: 3/26/2012
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1 | AMENDMENT TO HOUSE BILL 4056
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2 | AMENDMENT NO. ______. Amend House Bill 4056, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 10-22.23 and by adding Section 10-22.23b as follows:
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7 | (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
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8 | Sec. 10-22.23. School Nurse. To employ a registered | ||||||
9 | professional
nurse and define the duties of the school nurse | ||||||
10 | within the guidelines of
rules and regulations promulgated by | ||||||
11 | the State Board of Education. Any
school nurse first employed | ||||||
12 | on or after July 1, 1976, whose duties
require teaching or the | ||||||
13 | exercise of instructional judgment or educational
evaluation | ||||||
14 | of pupils, must be certificated under Section 21-25 of this | ||||||
15 | Act.
School districts may employ non-certificated registered | ||||||
16 | professional nurses
to perform professional nursing services. |
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1 | In addition, non-certified registered professional nurses may | ||||||
2 | be contracted for as provided in Section 10-22.23b of this | ||||||
3 | Code.
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4 | (Source: P.A. 90-548, eff. 1-1-98.)
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5 | (105 ILCS 5/10-22.23b new) | ||||||
6 | Sec. 10-22.23b. Nurse; contracting for medical review | ||||||
7 | services. | ||||||
8 | (a) In this Section: | ||||||
9 | "Certified school nurse" means a nurse who is certified | ||||||
10 | under Section 21-25 of this Code, holding a school service | ||||||
11 | personnel certificate endorsed for school nursing. | ||||||
12 | "Medical review" means a review that is done as part of the | ||||||
13 | special education evaluation process and includes the | ||||||
14 | evaluation of whether a child has a disability and | ||||||
15 | recommendations as to the nature and extent of the special | ||||||
16 | education and related services that the child needs, as well as | ||||||
17 | the interpretation of health histories and the assessment of | ||||||
18 | medical needs, and as otherwise may be further defined by law. | ||||||
19 | "Reasonable efforts" means performing all of the | ||||||
20 | following: | ||||||
21 | (1) placing at least 3 employment advertisements for a | ||||||
22 | certified school nurse for publication in the newspaper of | ||||||
23 | widest distribution within the school district or | ||||||
24 | cooperative; | ||||||
25 | (2) placing one employment listing for a certified |
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1 | school nurse in the placement bulletin of a college or | ||||||
2 | university that has a certified school nurse curriculum and | ||||||
3 | that is located in the geographic area of the school | ||||||
4 | district or cooperative, if any; | ||||||
5 | (3) providing the advertisement to the Department of | ||||||
6 | Humans Services for placement on its employment list, if | ||||||
7 | any, for at least 30 days; and | ||||||
8 | (4) posting the position for certified school nurse on | ||||||
9 | the Illinois Association of School Administrators' job | ||||||
10 | placement service for at least 30 days and simultaneously | ||||||
11 | providing the posting to the local union representative, if | ||||||
12 | any, for distribution by the union. | ||||||
13 | (b) A school district or a cooperative must make reasonable | ||||||
14 | efforts to employ a certified school nurse to conduct medical | ||||||
15 | reviews, except as provided in subsection (d) of this Section. | ||||||
16 | While making those reasonable efforts or after unsuccessful | ||||||
17 | reasonable efforts have been made or both, a school district or | ||||||
18 | cooperative may contract for medical review services with a | ||||||
19 | registered professional nurse licensed under Article 60 of the | ||||||
20 | Nurse Practice Act. Prior to any such contract being entered | ||||||
21 | into, the school board must approve a resolution that certifies | ||||||
22 | that reasonable efforts were performed and that there were no | ||||||
23 | qualified applicants, or, for a temporary contract while | ||||||
24 | reasonable efforts are being made, the resolution must certify | ||||||
25 | that reasonable efforts are currently underway and that an | ||||||
26 | immediate need exists to hire a registered professional nurse |
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1 | licensed under Article 60 of the Nurse Practice Act. The school | ||||||
2 | board must then submit the resolution to the State Board of | ||||||
3 | Education for the State Board's review and approval. The school | ||||||
4 | board must not finalize and approve the contract until the | ||||||
5 | State Board of Education gives the school district the | ||||||
6 | authority to enter into the contract. | ||||||
7 | (c) A registered professional nurse licensed under Article | ||||||
8 | 60 of the Nurse Practice Act who provides medical review | ||||||
9 | services pursuant to a contract under subsection (b) of this | ||||||
10 | Section must have at least 5 years of experience working as a | ||||||
11 | registered professional nurse and must become a certified | ||||||
12 | school nurse no later than 3 years after beginning work with | ||||||
13 | the school district or cooperative. | ||||||
14 | (d) In lieu of employing a certified school nurse under | ||||||
15 | subsection (b) of this Section, medical reviews may be | ||||||
16 | performed by an individual licensed to practice medicine in all | ||||||
17 | of its branches or an advanced practice nurse licensed to | ||||||
18 | practice under Article 65 of the Nurse Practice Act who has a | ||||||
19 | written collaborative agreement with a collaborating physician | ||||||
20 | that delegates the authority to provide a medical review. | ||||||
21 | (e) Nothing in this Section shall prohibit a school | ||||||
22 | district from contracting with another school district to | ||||||
23 | utilize the services of a certified school nurse or an advanced | ||||||
24 | practice nurse licensed to practice under Article 65 of the | ||||||
25 | Nurse Practice Act who has a written collaborative agreement | ||||||
26 | with a collaborating physician that delegates the authority to |
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1 | provide a medical review.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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