Full Text of HB5836 96th General Assembly
HB5836ham001 96TH GENERAL ASSEMBLY
|
Elementary & Secondary Education Committee
Filed: 3/11/2010
|
|
09600HB5836ham001 |
|
LRB096 17765 NHT 38353 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 |
|
|
|
09600HB5836ham001 |
- 2 - |
LRB096 17765 NHT 38353 a |
|
| 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 written
authorization for the | 13 |
| self-administration of medication or use of an epinephrine | 14 |
| auto-injector; and
| 15 |
| (2) the
parents or guardians of the pupil provide to | 16 |
| the school (i) the prescription label, which must contain | 17 |
| the name of the medication, the prescribed dosage, and the | 18 |
| time at which or circumstances under which the medication | 19 |
| is to be administered, or (ii) for use of an epinephrine | 20 |
| auto-injector, a
written
statement from the pupil's | 21 |
| physician, physician assistant, or advanced practice
| 22 |
| registered nurse containing
the following information or | 23 |
| containing a prescription label containing the following | 24 |
| information, along with a written statement from the | 25 |
| parents or guardians containing the following information :
| 26 |
| (A) the name and purpose of the medication or |
|
|
|
09600HB5836ham001 |
- 3 - |
LRB096 17765 NHT 38353 a |
|
| 1 |
| epinephrine auto-injector;
| 2 |
| (B) the prescribed dosage; and
| 3 |
| (C) the time or times at which or the special | 4 |
| circumstances
under which the medication or | 5 |
| epinephrine auto-injector is to be administered.
| 6 |
| In the event that the pupil's physician, physician assistant, | 7 |
| or advanced practice registered nurse determines that it is | 8 |
| inappropriate for the pupil to self-administer his or her | 9 |
| asthma inhaler, those instructions must be included in the | 10 |
| prescribing information provided to the school under clause (2) | 11 |
| of this subsection (b). The information provided shall be kept | 12 |
| on file in the office of the school
nurse or,
in the absence of | 13 |
| a school nurse, the school's administrator.
| 14 |
| (c) The school district or nonpublic school must inform the | 15 |
| parents or
guardians of the
pupil, in writing, that the school | 16 |
| district or nonpublic school and its
employees and
agents
are | 17 |
| to incur no liability, except for willful and wanton conduct, | 18 |
| as a result
of any injury arising from the
self-administration | 19 |
| of medication or use of an epinephrine auto-injector by the | 20 |
| pupil. The parents or guardians
of the pupil must sign a | 21 |
| statement acknowledging that the school district
or nonpublic | 22 |
| school is to incur no liability, except for willful and wanton
| 23 |
| conduct, as a result of any injury arising
from the
| 24 |
| self-administration of medication or use of an epinephrine | 25 |
| auto-injector by the pupil and that the parents or
guardians | 26 |
| must indemnify and hold harmless the school district or |
|
|
|
09600HB5836ham001 |
- 4 - |
LRB096 17765 NHT 38353 a |
|
| 1 |
| nonpublic
school and
its
employees and agents against any | 2 |
| claims, except a claim based on willful and
wanton conduct, | 3 |
| arising out of the
self-administration of medication or use of | 4 |
| an epinephrine auto-injector by the pupil.
| 5 |
| (d) The permission for self-administration of medication | 6 |
| or use of an epinephrine auto-injector is effective
for the | 7 |
| school year for which it is granted and shall be renewed each
| 8 |
| subsequent school year upon fulfillment of the requirements of | 9 |
| this
Section.
| 10 |
| (e) Provided that the requirements of this Section are | 11 |
| fulfilled, a
pupil with asthma may possess and use his or her | 12 |
| medication or a pupil may possess and use an epinephrine | 13 |
| auto-injector (i) while in
school, (ii) while at a | 14 |
| school-sponsored activity, (iii) while under the
supervision | 15 |
| of
school personnel, or (iv) before or after normal school | 16 |
| activities, such
as while in before-school or after-school care | 17 |
| on school-operated
property.
| 18 |
| (Source: P.A. 94-792, eff. 5-19-06.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
|
|