Rep. Esther Golar

Filed: 3/16/2010

 

 


 

 


 
09600HB5836ham002 LRB096 17765 MJR 38741 a

1
AMENDMENT TO HOUSE BILL 5836

2     AMENDMENT NO. ______. Amend House Bill 5836 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Section
5 22-30 as follows:
 
6     (105 ILCS 5/22-30)
7     Sec. 22-30. Self-administration of medication.
8     (a) In this Section:
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.
13     "Medication" means a medicine, prescribed by (i) a
14 physician licensed to practice medicine in all its branches,
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.
6     "Self-administration" means a pupil's discretionary use of
7 and ability to carry his or her prescribed asthma medication.
8     (b) A school, whether public or nonpublic, must permit the
9 self-administration of medication by a pupil with asthma or the
10 use of an epinephrine auto-injector by a pupil, provided that:
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
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
24     registered nurse containing the following information:
25             (A) the name and purpose of the medication or
26         epinephrine auto-injector;

 

 

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1             (B) the prescribed dosage; and
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.
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.
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
6 employees and agents against any claims, except a claim based
7 on willful and wanton conduct, arising out of the
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.
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
16 subsequent school year upon fulfillment of the requirements of
17 this Section.
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.
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.".