HB4056ham003 97TH GENERAL ASSEMBLY

Rep. Linda Chapa LaVia

Filed: 3/26/2012

09700HB4056ham003 LRB097 14495 NHT 67925 a

AMENDMENT TO HOUSE BILL 4056

AMENDMENT NO. ______. Amend House Bill 4056, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 10-22.23 and by adding Section 10-22.23b as follows:

(105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)

Sec. 10-22.23. School Nurse. To employ a registered professional nurse and define the duties of the school nurse within the guidelines of rules and regulations promulgated by the State Board of Education. Any school nurse first employed on or after July 1, 1976, whose duties require teaching or the exercise of instructional judgment or educational evaluation of pupils, must be certificated under Section 21-25 of this Act. School districts may employ non-certificated registered professional nurses to perform professional nursing services. In addition, non-certified registered professional nurses may be contracted for as provided in Section 10-22.23b of this Code.

(Source: P.A. 90-548, eff. 1-1-98.)

(105 ILCS 5/10-22.23b new)

Sec. 10-22.23b. Nurse; contracting for medical review services.

(a) In this Section:

"Certified school nurse" means a nurse who is certified under Section 21-25 of this Code, holding a school service personnel certificate endorsed for school nursing.

"Medical review" means a review that is done as part of the special education evaluation process and includes the evaluation of whether a child has a disability and recommendations as to the nature and extent of the special education and related services that the child needs, as well as the interpretation of health histories and the assessment of medical needs, and as otherwise may be further defined by law.

"Reasonable efforts" means performing all of the following:

(1) placing at least 3 employment advertisements for a certified school nurse for publication in the newspaper of widest distribution within the school district or cooperative;

(2) placing one employment listing for a certified school nurse in the placement bulletin of a college or university that has a certified school nurse curriculum and that is located in the geographic area of the school district or cooperative, if any;

(3) providing the advertisement to the Department of Humans Services for placement on its employment list, if any, for at least 30 days; and

(4) posting the position for certified school nurse on the Illinois Association of School Administrators' job placement service for at least 30 days and simultaneously providing the posting to the local union representative, if any, for distribution by the union.

(b) A school district or a cooperative must make reasonable efforts to employ a certified school nurse to conduct medical reviews, except as provided in subsection (d) of this Section. While making those reasonable efforts or after unsuccessful reasonable efforts have been made or both, a school district or cooperative may contract for medical review services with a registered professional nurse licensed under Article 60 of the Nurse Practice Act. Prior to any such contract being entered into, the school board must approve a resolution that certifies that reasonable efforts were performed and that there were no qualified applicants, or, for a temporary contract while reasonable efforts are being made, the resolution must certify that reasonable efforts are currently underway and that an immediate need exists to hire a registered professional nurse licensed under Article 60 of the Nurse Practice Act. The school board must then submit the resolution to the State Board of Education for the State Board's review and approval. The school board must not finalize and approve the contract until the State Board of Education gives the school district the authority to enter into the contract.

(c) A registered professional nurse licensed under Article 60 of the Nurse Practice Act who provides medical review services pursuant to a contract under subsection (b) of this Section must have at least 5 years of experience working as a registered professional nurse and must become a certified school nurse no later than 3 years after beginning work with the school district or cooperative.

(d) In lieu of employing a certified school nurse under subsection (b) of this Section, medical reviews may be performed by an individual licensed to practice medicine in all of its branches or an advanced practice nurse licensed to practice under Article 65 of the Nurse Practice Act who has a written collaborative agreement with a collaborating physician that delegates the authority to provide a medical review.

(e) Nothing in this Section shall prohibit a school district from contracting with another school district to utilize the services of a certified school nurse or an advanced practice nurse licensed to practice under Article 65 of the Nurse Practice Act who has a written collaborative agreement with a collaborating physician that delegates the authority to provide a medical review.

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