Full Text of SB3472 96th General Assembly
SB3472 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3472
Introduced 2/10/2010, by Sen. Heather Steans SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Changes the conditions under which a pupil may self-administer his or her medication or epinephrine auto-injector. Provides that accommodations as provided in specified provisions shall be included in a pupil's Individualized Education Plan or Section 504 Plan under the federal Rehabilitation Act of 1973, whichever applies. Effective immediately.
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A BILL FOR
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SB3472 |
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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 Section | 5 |
| 22-30 as follows:
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| (105 ILCS 5/22-30)
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| Sec. 22-30. Self-administration of medication.
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| (a) In this Section:
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| "Epinephrine auto-injector" means a medical device for | 10 |
| immediate self-administration by a person at risk of | 11 |
| anaphylaxis.
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| "Medication" means a medicine, prescribed by (i) a | 13 |
| physician
licensed to practice medicine in all its branches,
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| (ii) a physician assistant who has been delegated the authority | 15 |
| to prescribe
asthma
medications by his or her supervising | 16 |
| physician, or (iii) an advanced practice
registered nurse who | 17 |
| has a written
collaborative agreement with a collaborating | 18 |
| physician that delegates the
authority
to prescribe asthma | 19 |
| medications,
for a pupil that pertains to the pupil's
asthma | 20 |
| and that has an individual prescription label.
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| "Self-administration" means a pupil's discretionary use of | 22 |
| his or
her prescribed asthma medication.
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| (b) A school, whether public or nonpublic, must permit the
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| self-administration of
medication by a pupil with asthma or the | 2 |
| use of an epinephrine auto-injector by a pupil , provided that:
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| (1) the parents or
guardians of the pupil provide to | 4 |
| the school written
authorization for the | 5 |
| self-administration of medication or use of an epinephrine | 6 |
| auto-injector ; and
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| (2) the
parents or guardians of the pupil provide to | 8 |
| the school a
written
statement from the pupil's physician, | 9 |
| physician assistant, or advanced practice
registered | 10 |
| nurse , a copy of the prescription for the medication, or | 11 |
| the prescription label included on the original packaging | 12 |
| for the prescribed medication, which must contain | 13 |
| containing
the following information:
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| (A) the name and purpose of the medication or | 15 |
| epinephrine auto-injector ;
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| (B) the prescribed dosage; and
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| (C) the time or times at which or the special | 18 |
| circumstances
under which the medication or | 19 |
| epinephrine auto-injector is to be administered.
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| The information provided shall be kept on file in the office of | 21 |
| the school
nurse or,
in the absence of a school nurse, the | 22 |
| school's administrator.
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| (b-5) A school, whether public or nonpublic, must permit | 24 |
| the use of an epinephrine auto-injector by a pupil, provided | 25 |
| that: | 26 |
| (1) the parents or guardians of the pupil provide to |
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| the school written authorization for the use of an | 2 |
| epinephrine auto-injector; and | 3 |
| (2) the parents or guardians of the pupil provide to | 4 |
| the school a written statement from the pupil's physician, | 5 |
| physician assistant, or advance practice registered nurse | 6 |
| containing the following information: | 7 |
| (A) the name and purpose of the epinephrine | 8 |
| auto-injector; | 9 |
| (B) the prescribed dosage; and | 10 |
| (C) the time or times at which or the special | 11 |
| circumstances under which the epinephrine | 12 |
| auto-injector is to be administered. | 13 |
| (b-10) In the event that the pupil's physician, physician | 14 |
| assistant, or advanced practice registered nurse determines it | 15 |
| is inappropriate for the pupil to self-administer his or her | 16 |
| medication or epinephrine auto-injector, those instructions | 17 |
| shall be included in the prescribing information required by | 18 |
| item (2) of subsection (b) and item (2) of subsection (c) of | 19 |
| this Section. | 20 |
| (b-15) The information provided under subsections (b), | 21 |
| (b-5), and (b-10) of this Section shall be kept on file in the | 22 |
| office of the school nurse or, in the absence of a school | 23 |
| nurse, the school's administrator. Accommodations as provided | 24 |
| in this Section shall be included in a pupil's Individualized | 25 |
| Education Plan or Section 504 Plan under the federal | 26 |
| Rehabilitation Act of 1973, whichever applies. |
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| (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
are | 4 |
| to incur no liability, except for willful and wanton conduct, | 5 |
| as a result
of any injury arising from the
self-administration | 6 |
| of medication or use of an epinephrine auto-injector by the | 7 |
| pupil. The parents or guardians
of the pupil must sign a | 8 |
| statement acknowledging that the school district
or nonpublic | 9 |
| school is to incur no liability, except for willful and wanton
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| conduct, as a result of any injury arising
from the
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| self-administration of medication or use of an epinephrine | 12 |
| auto-injector by the pupil and that the parents or
guardians | 13 |
| must indemnify and hold harmless the school district or | 14 |
| nonpublic
school and
its
employees and agents against any | 15 |
| claims, except a claim based on willful and
wanton conduct, | 16 |
| arising out of the
self-administration of medication or use of | 17 |
| an epinephrine auto-injector by the pupil.
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| (d) The permission for self-administration of medication | 19 |
| or use of an epinephrine auto-injector is effective
for the | 20 |
| school year for which it is granted and shall be renewed each
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| subsequent school year upon fulfillment of the requirements of | 22 |
| this
Section.
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| (e) Provided that the requirements of this Section are | 24 |
| fulfilled, a
pupil with asthma may possess and use his or her | 25 |
| medication or a pupil may possess and use an epinephrine | 26 |
| auto-injector (i) while in
school, (ii) while at a |
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| school-sponsored activity, (iii) while under the
supervision | 2 |
| of
school personnel, or (iv) before or after normal school | 3 |
| activities, such
as while in before-school or after-school care | 4 |
| on school-operated
property.
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| (Source: P.A. 94-792, eff. 5-19-06.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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