Full Text of HB3294 97th General Assembly
HB3294enr 97TH GENERAL ASSEMBLY |
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| 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 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 by the pupil | 9 | | regardless of whether authorization was given by the pupil's | 10 | | parents or guardians or by the pupil's physician, physician's | 11 | | assistant, or advanced practice registered nurse. The parents | 12 | | or guardians
of the pupil must sign a statement acknowledging | 13 | | that the school district
or nonpublic school and its employees | 14 | | and agents are is to incur no liability, except for willful and | 15 | | wanton
conduct, as a result of any injury arising
from the
| 16 | | self-administration of medication or use of an epinephrine | 17 | | auto-injector by the pupil regardless of whether authorization | 18 | | was given by the pupil's parents or guardians or by the pupil's | 19 | | physician, physician's assistant, or advanced practice | 20 | | registered nurse and that the parents or
guardians must | 21 | | indemnify and hold harmless the school district or nonpublic
| 22 | | school and
its
employees and agents against any claims, except | 23 | | a claim based on willful and
wanton conduct, arising out of the
| 24 | | self-administration of medication or use of an epinephrine | 25 | | auto-injector by the pupil regardless of whether authorization | 26 | | was given by the pupil's parents or guardians or by the pupil's |
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| 1 | | physician, physician's assistant, or advanced practice | 2 | | registered nurse. When a school nurse administers an | 3 | | epinephrine auto-injector to a student whom the school nurse in | 4 | | good faith professionally believes is having an anaphylactic | 5 | | reaction, notwithstanding the lack of notice to the parents or | 6 | | guardians of the pupil or the absence of the parents or | 7 | | guardians signed statement acknowledging no liability, except | 8 | | for willful and wanton conduct, the school district or | 9 | | nonpublic school and its employees and agents, including a | 10 | | physician providing standing protocol or prescription for | 11 | | school epinephrine auto-injectors, are to incur no liability, | 12 | | except for willful and wanton conduct, as a result of any | 13 | | injury arising from the use of an epinephrine auto-injector | 14 | | regardless of whether authorization was given by the pupil's | 15 | | parents or guardians or by the pupil's physician, physician's | 16 | | assistant, or advanced 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 may maintain at | 5 | | a school in a locked, secure location a supply of epinephrine | 6 | | auto-injectors. A physician may prescribe epinephrine | 7 | | auto-injectors in the name of the school district or nonpublic | 8 | | school to be maintained for use when necessary. The school | 9 | | 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.)
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| 1 | | Section 10. The Illinois Food, Drug and Cosmetic Act is | 2 | | amended by changing Section 3.21 as follows:
| 3 | | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| 4 | | Sec. 3.21. Except as authorized by this Act, the Controlled | 5 | | Substances
Act, the Pharmacy Practice Act, the Dental Practice | 6 | | Act, the Medical
Practice Act of 1987, the Veterinary Medicine | 7 | | and Surgery Practice Act of
2004, or the Podiatric Medical | 8 | | Practice Act of 1987, or Section 22-30 of the School Code, to | 9 | | sell or dispense a
prescription drug without a prescription.
| 10 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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