Full Text of HB3741 98th General Assembly
HB3741 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3741 Introduced , by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Requires (instead of allows) a school district or nonpublic school to maintain at a school a supply of epinephrine auto-injectors. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 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 medication and school | 8 | | nurse administration.
| 9 | | (a) In this Section:
| 10 | | "Asthma inhaler" means a quick reliever asthma inhaler. | 11 | | "Epinephrine auto-injector" means a medical device for | 12 | | immediate self-administration by a person at risk of | 13 | | anaphylaxis.
| 14 | | "Medication" means a medicine, prescribed by (i) a | 15 | | physician
licensed to practice medicine in all its branches,
| 16 | | (ii) a physician assistant who has been delegated the authority | 17 | | to prescribe
asthma
medications by his or her supervising | 18 | | physician, or (iii) an advanced practice
registered nurse who | 19 | | has a written
collaborative agreement with a collaborating | 20 | | physician that delegates the
authority
to prescribe asthma | 21 | | medications,
for a pupil that pertains to the pupil's
asthma | 22 | | and that has an individual prescription label.
| 23 | | "Self-administration" means a pupil's discretionary use of |
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| 1 | | and ability to carry his or
her prescribed asthma medication.
| 2 | | (b) A school, whether public or nonpublic, must permit the
| 3 | | self-administration of
medication by a pupil with asthma or the | 4 | | use of an epinephrine auto-injector by a pupil, provided that:
| 5 | | (1) the parents or
guardians of the pupil provide to | 6 | | the school (i) written
authorization from the parents or | 7 | | guardians for the self-administration of medication or | 8 | | (ii) for use of an epinephrine auto-injector, written | 9 | | authorization from the pupil's physician, physician | 10 | | assistant, or advanced practice registered nurse; and
| 11 | | (2) the
parents or guardians of the pupil provide to | 12 | | the school (i) the prescription label, which must contain | 13 | | the name of the medication, the prescribed dosage, and the | 14 | | time at which or circumstances under which the medication | 15 | | is to be administered, or (ii) for use of an epinephrine | 16 | | auto-injector, a
written
statement from the pupil's | 17 | | physician, physician assistant, or advanced practice
| 18 | | registered nurse containing
the following information:
| 19 | | (A) the name and purpose of the epinephrine | 20 | | auto-injector;
| 21 | | (B) the prescribed dosage; and
| 22 | | (C) the time or times at which or the special | 23 | | circumstances
under which the epinephrine | 24 | | auto-injector is to be administered.
| 25 | | The information provided shall be kept on file in the office of | 26 | | the school
nurse or,
in the absence of a school nurse, the |
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| 1 | | school's administrator.
| 2 | | (b-5) A school district or nonpublic school may authorize | 3 | | the provision of an epinephrine auto-injector to a student or | 4 | | any personnel authorized under a student's Individual Health | 5 | | Care Action Plan, Illinois Food Allergy Emergency Action Plan | 6 | | and Treatment Authorization Form, or plan pursuant to Section | 7 | | 504 of the federal Rehabilitation Act of 1973 to administer an | 8 | | epinephrine auto-injector to the student, that meets the | 9 | | prescription on file. | 10 | | (b-10) The school district or nonpublic school may | 11 | | authorize a school nurse do the following: (i) provide an | 12 | | epinephrine auto-injector to a student or any personnel | 13 | | authorized under a student's Individual Health Care Action | 14 | | Plan, Illinois Food Allergy Emergency Action Plan and Treatment | 15 | | Authorization Form, or plan pursuant to Section 504 of the | 16 | | federal Rehabilitation Act of 1973 to administer an epinephrine | 17 | | auto-injector to the student, that meets the prescription on | 18 | | file; (ii) administer an epinephrine auto-injector that meets | 19 | | the prescription on file to any student who has an Individual | 20 | | Health Care Action Plan, Illinois Food Allergy Emergency Action | 21 | | Plan and Treatment Authorization Form, or plan pursuant to | 22 | | Section 504 of the federal Rehabilitation Act of 1973 that | 23 | | authorizes the use of an Epinephrine auto-injector; and (iii) | 24 | | administer an epinephrine auto-injector to any student that the | 25 | | school nurse in good faith professionally believes is having an | 26 | | anaphylactic reaction. |
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| 1 | | (c) The school district or nonpublic school must inform the | 2 | | parents or
guardians of the
pupil, in writing, that the school | 3 | | district or nonpublic school and its
employees and
agents, | 4 | | including a physician providing standing protocol or | 5 | | prescription for school epinephrine auto-injectors,
are to | 6 | | incur no liability, except for willful and wanton conduct, as a | 7 | | result
of any injury arising from the
self-administration of | 8 | | medication or use of an epinephrine auto-injector regardless of | 9 | | whether authorization was given by the pupil's parents or | 10 | | guardians or by the pupil's physician, physician's assistant, | 11 | | or advanced practice registered nurse. The parents or guardians
| 12 | | of the pupil must sign a statement acknowledging that the | 13 | | school district
or nonpublic school and its employees and | 14 | | agents are to incur no liability, except for willful and wanton
| 15 | | conduct, as a result of any injury arising
from the
| 16 | | self-administration of medication or use of an epinephrine | 17 | | auto-injector regardless of whether authorization was given by | 18 | | the pupil's parents or guardians or by the pupil's physician, | 19 | | physician's assistant, or advanced practice registered nurse | 20 | | and that the parents or
guardians must indemnify and hold | 21 | | harmless the school district or nonpublic
school and
its
| 22 | | employees and agents against any claims, except a claim based | 23 | | on willful and
wanton conduct, arising out of the
| 24 | | self-administration of medication or use of an epinephrine | 25 | | auto-injector regardless of whether authorization was given by | 26 | | the pupil's parents or guardians or by the pupil's physician, |
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| 1 | | physician's assistant, or advanced practice registered nurse. | 2 | | When a school nurse administers an epinephrine auto-injector to | 3 | | a student whom the school nurse in good faith professionally | 4 | | believes is having an anaphylactic reaction, notwithstanding | 5 | | the lack of notice to the parents or guardians of the pupil or | 6 | | the absence of the parents or guardians signed statement | 7 | | acknowledging no liability, except for willful and wanton | 8 | | conduct, the school district or nonpublic school and its | 9 | | employees and agents, including a physician providing standing | 10 | | protocol or prescription for school epinephrine | 11 | | auto-injectors, are to incur no liability, except for willful | 12 | | and wanton conduct, as a result of any injury arising from the | 13 | | use of an epinephrine auto-injector regardless of whether | 14 | | authorization was given by the pupil's parents or guardians or | 15 | | by the pupil's physician, physician's assistant, or advanced | 16 | | practice registered nurse.
| 17 | | (d) The permission for self-administration of medication | 18 | | or use of an epinephrine auto-injector is effective
for the | 19 | | school year for which it is granted and shall be renewed each
| 20 | | subsequent school year upon fulfillment of the requirements of | 21 | | this
Section.
| 22 | | (e) Provided that the requirements of this Section are | 23 | | fulfilled, a
pupil with asthma may possess and use his or her | 24 | | medication or a pupil may possess and use an epinephrine | 25 | | auto-injector (i) while in
school, (ii) while at a | 26 | | school-sponsored activity, (iii) while under the
supervision |
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| 1 | | of
school personnel, or (iv) before or after normal school | 2 | | activities, such
as while in before-school or after-school care | 3 | | on school-operated
property.
| 4 | | (f) The school district or nonpublic school shall may | 5 | | maintain at a school in a locked, secure location a supply of | 6 | | epinephrine auto-injectors. A physician may prescribe | 7 | | epinephrine auto-injectors in the name of the school district | 8 | | or nonpublic school to be maintained for use when necessary. | 9 | | The school district or nonpublic school supply of epinephrine | 10 | | auto-injectors may be provided to and utilized by any student | 11 | | authorized to self-administer that meets the prescription on | 12 | | file or by any personnel authorized under a student's | 13 | | Individual Health Care Action Plan, Illinois Food Allergy | 14 | | Emergency Action Plan and Treatment Authorization Form, or plan | 15 | | pursuant to Section 504 of the federal Rehabilitation Act of | 16 | | 1973 to administer an epinephrine auto-injector to the student, | 17 | | that meets the prescription on file. When a student does not | 18 | | have an epinephrine auto-injector or a prescription for an | 19 | | epinephrine auto-injector on file, the school nurse may utilize | 20 | | the school district or nonpublic school supply of epinephrine | 21 | | auto-injectors to respond to anaphylactic reaction, under a | 22 | | standing protocol from a physician licensed to practice | 23 | | medicine in all its branches and the requirements of this | 24 | | Section. | 25 | | (Source: P.A. 96-1460, eff. 8-20-10; 97-361, eff. 8-15-11.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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