Full Text of SB2929 096th General Assembly
SB2929 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2929
Introduced 1/28/2010, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Provides that when a student needs to receive any medication in school or during school activities, a medication management plan must be established if the parent or guardian of the student submits a signed request accompanied with sufficient proof of diagnosis of a condition or illness necessitating assistance with administering any medication to the student. Provides that the school principal and the parents or guardian must develop and agree on a plan. Provides that absent a full-time school nurse, the school principal must appoint, supervise, and coordinate the training of a designated health care aide to perform the tasks necessary to assist a student in accordance with the plan. Provides that a school must provide a one-page information sheet regarding a student's plan to each employee providing transportation for the student or supervising the student during a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with a plan to a particular school on the basis that the school does not have a full-time nurse or a designated health care aide, nor may a school deny access to a student on the basis that the student requires a plan. Exempts the school and school employees from civil liability for conduct related to the care of a student in accordance with a plan, except for willful or wanton misconduct. Amends the Nurse Practice Act to allow persons to be employed as unlicensed assistive personnel in schools. In a Section concerning nursing delegation, provides that a school nurse, a registered professional nurse, or an advanced practice nurse may teach or train other persons in first aid, emergency care, or cardiopulmonary resuscitation. Effective January 1, 2011.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2929 |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-20.14b and 10-22.21b as follows:
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| (105 ILCS 5/10-20.14b) (from Ch. 122, par. 10-20.14b)
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| Sec. 10-20.14b. Medications policy. To develop a policy for | 8 |
| administration
of medications in
schools , including medication | 9 |
| management plans under Section 10-22.21b; , to
furnish a copy of | 10 |
| the policy to the parents or guardians of each pupil
within 15 | 11 |
| days after the beginning of each
school year,
or within 15 days | 12 |
| after starting classes for a pupil who transfers into the
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| district ; ,
and
to require that each school informs its
pupils | 14 |
| of the contents of its policy.
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| (Source: P.A. 90-789, eff. 8-14-98.)
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| (105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
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| Sec. 10-22.21b. Administering medication ; medication | 18 |
| management plans . | 19 |
| (a) To provide for the
administration of medication to | 20 |
| students. It shall be the policy of the
State of Illinois that | 21 |
| the administration of medication to students during
regular | 22 |
| school hours and during school-related activities should be
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| discouraged unless absolutely necessary for the critical | 2 |
| health and
well-being of the student. | 3 |
| (b) Under no circumstances shall
teachers or other | 4 |
| non-administrative school employees, except certified
school | 5 |
| nurses , and non-certificated registered professional nurses, | 6 |
| and designated health care aides as defined in subsection (e), | 7 |
| be
required
to administer medication to students. | 8 |
| (c) When a student needs to receive any medication in | 9 |
| school or during school activities, a medication management | 10 |
| plan must be established. A parent or guardian for any student | 11 |
| who seeks assistance with the administration of medication in | 12 |
| the school setting must submit to the school a signed request | 13 |
| for a medication management plan. | 14 |
| A request for a medication management plan for a student | 15 |
| must be submitted to the school at one of the following times: | 16 |
| before the beginning of the school year; upon enrollment of a | 17 |
| student if enrolled after the beginning of the school year; as | 18 |
| soon as practicable following a student's initial diagnosis; or | 19 |
| when a student's medication needs change during the school | 20 |
| year. | 21 |
| The request for a medication management plan must be | 22 |
| accompanied by sufficient proof of diagnosis of a condition or | 23 |
| illness necessitating assistance with administering any | 24 |
| medication to the student. Sufficient proof shall consist of a | 25 |
| signed statement from one of the following: a physician | 26 |
| licensed to practice medicine in all its branches on the |
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| physician's letterhead; an advanced practice registered nurse | 2 |
| with a collaborative agreement authorizing these services on | 3 |
| practice letterhead; or a physician assistant with authority to | 4 |
| provide these services authorized by a supervising physician on | 5 |
| practice letterhead. The signed statement must also include | 6 |
| both the name of the medication or medications and the method | 7 |
| of administering the medication. | 8 |
| (d) Upon receiving a request for a medication management | 9 |
| plan and sufficient proof as required by subsection (e) of this | 10 |
| Section, the principal and parents or guardian must develop and | 11 |
| agree on a medication management plan. The principal, parent or | 12 |
| guardian, and the school nurse or any designated health care | 13 |
| aide to provide services must sign the medication management | 14 |
| plan. A copy of the medication management plan must be provided | 15 |
| to the parent or guardian, appropriate designated health care | 16 |
| aide, and the school nurse if available. The school must keep a | 17 |
| copy of the medication management plan for its records. | 18 |
| The services and accommodations specified in a medication | 19 |
| management plan must be reasonable, reflect the current | 20 |
| standards of care, and include appropriate safeguards to ensure | 21 |
| that any health care supplies, including, but not limited to, | 22 |
| syringes and lancets, are disposed of properly. | 23 |
| A school nurse or a designated health care aide may | 24 |
| administer medication to a student only after a student's | 25 |
| parent or guardian (i) submits a written request for assistance | 26 |
| and (ii) signs a medication management plan with the school. |
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| (e) Designated health care aides are individuals who assist | 2 |
| in carrying out medication management plans in accordance with | 3 |
| the following: | 4 |
| (1) In the absence of a full-time school nurse, a | 5 |
| school principal must appoint a designated health care aide | 6 |
| to perform the tasks necessary to assist a student in | 7 |
| accordance with his or her medication management plan. A | 8 |
| school nurse assigned to the school and the principal must | 9 |
| be notified, in writing, of each and every time any | 10 |
| intervention under the plan is made. Parents must also be | 11 |
| notified, unless notification is waived in writing. | 12 |
| Interventions must be in accordance with standardized | 13 |
| protocols, adopted by the Department of Human Services | 14 |
| School Health Program and approved by the Board of Nursing | 15 |
| based on nationally accepted standards for treatment of | 16 |
| each specific diagnosis. | 17 |
| (2) If a school nurse is assigned to a school, the | 18 |
| school nurse must coordinate the training of designated | 19 |
| health care aides. If a school nurse is not assigned to a | 20 |
| school, the principal must coordinate the training of a | 21 |
| designated health care aide in accordance with | 22 |
| standardized protocols. Training under this subdivision | 23 |
| (2) may be provided by a physician licensed to practice | 24 |
| medicine in all its branches, a licensed advanced practice | 25 |
| nurse, a licensed physician assistant, or a licensed | 26 |
| registered nurse with expertise in the conditions or |
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| illness generally occurring in the school-age population. | 2 |
| In addition, training may be provided by the parent or | 3 |
| guardian of the student. | 4 |
| (3) Designated health care aides must serve under the | 5 |
| supervision of the principal. | 6 |
| (4) A school employee must not be subject to any | 7 |
| penalty, sanction, or other disciplinary action for | 8 |
| refusing to serve as a designated health care aide. | 9 |
| (5) Training must be provided annually and may be | 10 |
| provided as part of in-service training. | 11 |
| (6) Training may be provided for other school employees | 12 |
| who are not currently serving as designated health care | 13 |
| aides, at the discretion of the principal. | 14 |
| The principal must ensure the school has at least one | 15 |
| designated health care aide or one full-time nurse assigned to | 16 |
| the school and available during school hours. The principal or | 17 |
| school nurse, should one be assigned full-time to a school, | 18 |
| must maintain a copy of the training records. | 19 |
| (f) A school shall provide a one-page information sheet to | 20 |
| each employee providing transportation for a student with a | 21 |
| medication management plan or supervising a student with a | 22 |
| medication management plan during a school-sponsored activity. | 23 |
| The information sheet must do the following: | 24 |
| (1) identify the student's condition; | 25 |
| (2) identify potential emergencies that may occur as a | 26 |
| result of the student's condition and the appropriate |
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| responses to such emergencies; and | 2 |
| (3) provide emergency contact information for the | 3 |
| student's parent or guardian. | 4 |
| (g) A school district may not restrict the assignment of a | 5 |
| student with a plan to a particular school on the basis that | 6 |
| the school does not have a full-time nurse or a designated | 7 |
| health care aide, nor may a school deny access to a student on | 8 |
| the basis that a student has been diagnosed with a condition or | 9 |
| illness requiring a medication management plan. | 10 |
| (h) A school or a school employee is not liable for civil | 11 |
| or other damages a result of conduct, other than willful or | 12 |
| wanton misconduct, related to the care of a student in | 13 |
| accordance with a medication management plan. A school employee | 14 |
| must not be subject to any disciplinary proceeding resulting | 15 |
| from an action taken in compliance with this Act, unless the | 16 |
| action constitutes willful or wanton misconduct. | 17 |
| (i) The State Board of Education may adopt standardized | 18 |
| forms for the convenience of parents and schools, but no rules | 19 |
| are necessary to implement this Section. | 20 |
| (j) This
Section shall not prohibit a school district from | 21 |
| adopting guidelines for
self-administration of medication by | 22 |
| students. | 23 |
| (k) This Section shall not
prohibit any school employee | 24 |
| from providing emergency assistance to students.
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| (Source: P.A. 91-719, eff. 6-2-00.)
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| Section 10. The Nurse Practice Act is amended by changing | 2 |
| Sections 50-15 and 50-75 as follows:
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| (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 50-15. Policy; application of Act. | 6 |
| (a) For the protection of life and the
promotion of health, | 7 |
| and the prevention of illness and communicable diseases,
any | 8 |
| person practicing or offering to practice advanced,
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| professional, or practical
nursing in Illinois shall submit | 10 |
| evidence that he or she is qualified to
practice, and shall be | 11 |
| licensed as provided under this Act. No person shall
practice | 12 |
| or offer to practice advanced, professional, or practical | 13 |
| nursing in Illinois or
use any title, sign, card or device to | 14 |
| indicate that such a person is
practicing professional or | 15 |
| practical nursing unless such person has been
licensed under | 16 |
| the provisions of this Act.
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| (b) This Act does not prohibit the following:
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| (1) The practice of nursing in Federal employment in | 19 |
| the discharge of the
employee's duties by a person who is | 20 |
| employed by the United States
government or any bureau, | 21 |
| division or agency thereof and is a legally
qualified and | 22 |
| licensed nurse of another state or territory and not in
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| conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | 24 |
| this
Act.
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| (2) Nursing that is included in the program of study by
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| students
enrolled in programs of nursing or in current | 2 |
| nurse practice update courses
approved by the Department.
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| (3) The furnishing of nursing assistance in an | 4 |
| emergency.
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| (4) The practice of nursing by a nurse who holds an | 6 |
| active license in
another state when providing services to | 7 |
| patients in Illinois during a bonafide
emergency or in | 8 |
| immediate preparation for or during interstate
transit.
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| (5) The incidental care of the sick by members of the | 10 |
| family, domestic
servants or housekeepers, or care of the | 11 |
| sick where treatment is by prayer
or spiritual means.
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| (6) Persons from being employed as unlicensed | 13 |
| assistive personnel in private homes, long term care | 14 |
| facilities,
nurseries, schools, hospitals or other | 15 |
| institutions.
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| (7) The practice of practical nursing by one who is a | 17 |
| licensed practical
nurse under the laws of another U.S. | 18 |
| jurisdiction and has applied in writing
to the Department, | 19 |
| in form and substance satisfactory to the Department,
for a | 20 |
| license as a licensed practical nurse and who is qualified | 21 |
| to receive
such license under this Act, until (i) the | 22 |
| expiration of 6 months after
the filing of such written | 23 |
| application, (ii) the withdrawal of such application,
or | 24 |
| (iii) the denial of such application by the Department.
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| (8) The practice of advanced practice nursing by one | 26 |
| who is an advanced practice nurse under the laws of another |
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| state, territory of the United States, or country and has | 2 |
| applied in writing to the Department, in form and substance | 3 |
| satisfactory to the Department, for a license as an | 4 |
| advanced practice nurse and who is qualified to receive | 5 |
| such license under this Act, until (i) the expiration of 6 | 6 |
| months after the filing of such written application, (ii) | 7 |
| the withdrawal of such application, or (iii) the denial of | 8 |
| such application by the Department.
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| (9) The practice of professional nursing by one who is | 10 |
| a registered
professional nurse under the laws of another | 11 |
| state, territory of the United
States or country and has | 12 |
| applied in writing to the Department, in form and
substance | 13 |
| satisfactory to the Department, for a license as a | 14 |
| registered
professional nurse and who is qualified to | 15 |
| receive such license under
Section 55-10, until (1) the | 16 |
| expiration of 6 months after the filing of
such written | 17 |
| application, (2) the withdrawal of such application, or (3)
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| the denial of such application by the Department.
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| (10) The practice of professional nursing that is | 20 |
| included in a program of
study by one who is a registered | 21 |
| professional nurse under the laws of
another state or | 22 |
| territory of the United States or foreign country,
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| territory or province and who is enrolled in a graduate | 24 |
| nursing education
program or a program for the completion | 25 |
| of a baccalaureate nursing degree in
this State, which | 26 |
| includes clinical supervision by faculty as
determined by |
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| the educational institution offering the program and the
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| health care organization where the practice of nursing | 3 |
| occurs.
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| (11) Any person licensed in this State under any other | 5 |
| Act from engaging
in the practice for which she or he is | 6 |
| licensed.
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| (12) Delegation to authorized direct care staff | 8 |
| trained under Section 15.4
of the Mental Health and
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| Developmental Disabilities Administrative Act consistent | 10 |
| with the policies of the Department.
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| (13) The practice, services, or activities of persons | 12 |
| practicing the specified occupations set forth in | 13 |
| subsection (a) of, and pursuant to a licensing exemption | 14 |
| granted in subsection (b) or (d) of, Section 2105-350 of | 15 |
| the Department of Professional Regulation Law of the Civil | 16 |
| Administrative Code of Illinois, but only for so long as | 17 |
| the 2016 Olympic and Paralympic Games Professional | 18 |
| Licensure Exemption Law is operable. | 19 |
| (14) (13) County correctional personnel from | 20 |
| delivering prepackaged medication for self-administration | 21 |
| to an individual detainee in a correctional facility. | 22 |
| Nothing in this Act shall be construed to limit the | 23 |
| delegation of tasks or duties by a physician, dentist, or | 24 |
| podiatrist to a licensed practical nurse, a registered | 25 |
| professional nurse, or other persons.
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| (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7, |
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| eff. 4-3-09; 96-516, eff. 8-14-09; revised 9-15-09.)
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| (225 ILCS 65/50-75) | 3 |
| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 50-75. Nursing delegation. | 5 |
| (a) For the purposes of this Section: | 6 |
| "Delegation" means transferring to an individual the | 7 |
| authority to perform a selected nursing activity or task, in a | 8 |
| selected situation. | 9 |
| "Nursing activity" means any work requiring the use of | 10 |
| knowledge acquired by completion of an approved program for | 11 |
| licensure, including advanced education, continuing education, | 12 |
| and experience as a licensed practical nurse or professional | 13 |
| nurse, as defined by the Department by rule. | 14 |
| "Task" means work not requiring nursing knowledge, | 15 |
| judgment, or decision-making, as defined by the Department by | 16 |
| rule. | 17 |
| (b) Nursing shall be practiced by licensed practical | 18 |
| nurses, registered professional nurses, and advanced practice | 19 |
| nurses. In the delivery of nursing care, nurses work with many | 20 |
| other licensed professionals and other persons. An advanced | 21 |
| practice nurse may delegate to registered professional nurses, | 22 |
| licensed practical nurses, and others persons. | 23 |
| (c) A registered professional nurse shall not delegate any | 24 |
| nursing activity requiring the specialized knowledge, | 25 |
| judgment, and skill of a licensed nurse to an unlicensed |
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| person, including medication administration. A registered | 2 |
| professional nurse may delegate nursing activities to other | 3 |
| registered professional nurses or licensed practical nurses. | 4 |
| A registered nurse may delegate tasks to other licensed and | 5 |
| unlicensed persons. A licensed practical nurse who has been | 6 |
| delegated a nursing activity shall not re-delegate the nursing | 7 |
| activity. A registered professional nurse or advanced practice | 8 |
| nurse retains the right to refuse to delegate or to stop or | 9 |
| rescind a previously authorized delegation.
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| (d) Nothing in this Section prevents a school nurse, a | 11 |
| registered professional nurse, or an advanced practice nurse | 12 |
| from teaching or training other persons in first aid, emergency | 13 |
| care, or cardiopulmonary resuscitation. | 14 |
| (Source: P.A. 95-639, eff. 10-5-07.) | 15 |
| Section 50. Federal law. Nothing in this Act shall limit | 16 |
| any rights available under federal law.
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| Section 99. Effective date. This Act takes effect January | 18 |
| 1, 2011.
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INDEX
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Statutes amended in order of appearance
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| 105 ILCS 5/10-20.14b |
from Ch. 122, par. 10-20.14b |
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| 105 ILCS 5/10-22.21b |
from Ch. 122, par. 10-22.21b |
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| 225 ILCS 65/50-15 | was 225 ILCS 65/5-15 |
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| 225 ILCS 65/50-75 |
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