Full Text of SB2898 94th General Assembly
SB2898 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2898
Introduced 1/20/2006, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/22-30 |
|
30 ILCS 805/8.30 new |
|
|
Amends the School Code. In provisions that require a public or nonpublic school to permit the
self-administration of medication by a pupil with asthma,
adds the requirement that the school also permit the self-administration of medication by a pupil with allergies. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
SB2898 |
|
LRB094 17501 NHT 52797 b |
|
| 1 |
| AN ACT concerning schools.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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 asthma medication.
| 8 |
| (a) In this Section:
| 9 |
| "Medication" means a medicine, prescribed by (i) a | 10 |
| physician
licensed to practice medicine in all its branches,
| 11 |
| (ii) a physician assistant who has been delegated the authority | 12 |
| to prescribe
asthma or allergy
medications by his or her | 13 |
| supervising physician, or (iii) an advanced practice
| 14 |
| registered nurse who has a written
collaborative agreement with | 15 |
| a collaborating physician that delegates the
authority
to | 16 |
| prescribe asthma or allergy medications,
for a pupil that | 17 |
| pertains to the pupil's
asthma or allergies and that has an | 18 |
| individual prescription label.
| 19 |
| "Self-administration" means a pupil's discretionary use of | 20 |
| his or
her prescribed asthma or allergy medication.
| 21 |
| (b) A school, whether public or nonpublic, must permit the
| 22 |
| self-administration of
medication by a pupil with asthma or | 23 |
| allergies , provided that:
| 24 |
| (1) the parents or
guardians of the pupil provide to | 25 |
| the school written
authorization for the | 26 |
| self-administration of medication; and
| 27 |
| (2) the
parents or guardians of the pupil provide to | 28 |
| the school a
written
statement from the pupil's physician, | 29 |
| physician assistant, or advanced practice
registered nurse | 30 |
| containing
the following information:
| 31 |
| (A) the name and purpose of the medication;
| 32 |
| (B) the prescribed dosage; and
|
|
|
|
SB2898 |
- 2 - |
LRB094 17501 NHT 52797 b |
|
| 1 |
| (C) the time or times at which or the special | 2 |
| circumstances
under which the medication is to be | 3 |
| administered.
| 4 |
| The information provided shall be kept on file in the office of | 5 |
| the school
nurse or,
in the absence of a school nurse, the | 6 |
| school's administrator.
| 7 |
| (c) The school district or nonpublic school must inform the | 8 |
| parents or
guardians of the
pupil, in writing, that the school | 9 |
| district or nonpublic school and its
employees and
agents
are | 10 |
| to incur no liability, except for willful and wanton conduct, | 11 |
| as a result
of any injury arising from the
self-administration | 12 |
| of medication by the pupil. The parents or guardians
of the | 13 |
| pupil must sign a statement acknowledging that the school | 14 |
| district
or nonpublic school is to incur no liability, except | 15 |
| for willful and wanton
conduct, as a result of any injury | 16 |
| arising
from the
self-administration of medication by the pupil | 17 |
| and that the parents or
guardians must indemnify and hold | 18 |
| harmless the school district or nonpublic
school and
its
| 19 |
| employees and agents against any claims, except a claim based | 20 |
| on willful and
wanton conduct, arising out of the
| 21 |
| self-administration of medication by the pupil.
| 22 |
| (d) The permission for self-administration of medication | 23 |
| is effective
for the school year for which it is granted and | 24 |
| shall be renewed each
subsequent school year upon fulfillment | 25 |
| of the requirements of this
Section.
| 26 |
| (e) Provided that the requirements of this Section are | 27 |
| fulfilled, a
pupil with asthma or allergies may possess and use | 28 |
| his or her medication (i) while in
school, (ii) while at a | 29 |
| school-sponsored activity, (iii) while under the
supervision | 30 |
| of
school personnel, or (iv) before or after normal school | 31 |
| activities, such
as while in before-school or after-school care | 32 |
| on school-operated
property.
| 33 |
| (Source: P.A. 92-402, eff. 8-16-01.)
| 34 |
| Section 90. The State Mandates Act is amended by adding | 35 |
| Section 8.30 as
follows:
|
|
|
|
SB2898 |
- 3 - |
LRB094 17501 NHT 52797 b |
|
| 1 |
| (30 ILCS 805/8.30 new)
| 2 |
| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this
Act, no reimbursement by the State is required for the | 4 |
| implementation of
any mandate created by this amendatory Act of | 5 |
| the 94th General Assembly.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|