Full Text of HB5836 96th General Assembly
HB5836enr 96TH GENERAL ASSEMBLY
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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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| "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.
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| "Medication" means a medicine, prescribed by (i) a | 14 |
| physician
licensed to practice medicine in all its branches,
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| (ii) a physician assistant who has been delegated the authority | 16 |
| to prescribe
asthma
medications by his or her supervising | 17 |
| physician, or (iii) an advanced practice
registered nurse who | 18 |
| has a written
collaborative agreement with a collaborating | 19 |
| physician that delegates the
authority
to prescribe asthma | 20 |
| medications,
for a pupil that pertains to the pupil's
asthma | 21 |
| and that has an individual prescription label.
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| "Self-administration" means a pupil's discretionary use of | 23 |
| and ability to carry 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 | 3 |
| 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 | 5 |
| the school (i) written
authorization from the parents or | 6 |
| guardians for the self-administration of medication or | 7 |
| (ii) for use of an epinephrine auto-injector , written | 8 |
| authorization from the pupil's physician, physician | 9 |
| assistant, or advanced practice registered nurse ; and
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| (2) the
parents or guardians of the pupil provide to | 11 |
| the school (i) the prescription label, which must contain | 12 |
| the name of the medication, the prescribed dosage, and the | 13 |
| time at which or circumstances under which the medication | 14 |
| is to be administered, or (ii) for use of an epinephrine | 15 |
| auto-injector, a
written
statement from the pupil's | 16 |
| physician, physician assistant, or advanced practice
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| registered nurse containing
the following information:
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| (A) the name and purpose of the medication or | 19 |
| 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 | 22 |
| circumstances
under which the medication or | 23 |
| epinephrine auto-injector is to be administered.
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| The information provided shall be kept on file in the office of | 25 |
| the school
nurse or,
in the absence of a school nurse, the | 26 |
| school's administrator.
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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 regardless of whether authorization was given by the | 8 |
| pupil's parents or guardians or by the pupil's physician, | 9 |
| physician's assistant, or advanced practice registered nurse . | 10 |
| The parents or guardians
of the pupil must sign a statement | 11 |
| acknowledging that the school district
or nonpublic school is | 12 |
| to incur no liability, except for willful and wanton
conduct, | 13 |
| as a result of any injury arising
from the
self-administration | 14 |
| of medication or use of an epinephrine auto-injector by the | 15 |
| pupil regardless of whether authorization was given by the | 16 |
| pupil's parents or guardians or by the pupil's physician, | 17 |
| physician's assistant, or advanced practice registered nurse | 18 |
| and that the parents or
guardians must indemnify and hold | 19 |
| harmless the school district or nonpublic
school and
its
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| employees and agents against any claims, except a claim based | 21 |
| on willful and
wanton conduct, arising out of the
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| self-administration of medication or use of an epinephrine | 23 |
| auto-injector by the pupil regardless of whether authorization | 24 |
| was given by the pupil's parents or guardians or by the pupil's | 25 |
| physician, physician's assistant, or advanced practice | 26 |
| registered nurse .
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| (d) The permission for self-administration of medication | 2 |
| or use of an epinephrine auto-injector is effective
for the | 3 |
| 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 | 5 |
| this
Section.
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| (e) Provided that the requirements of this Section are | 7 |
| fulfilled, a
pupil with asthma may possess and use his or her | 8 |
| medication or a pupil may possess and use an epinephrine | 9 |
| auto-injector (i) while in
school, (ii) while at a | 10 |
| school-sponsored activity, (iii) while under the
supervision | 11 |
| of
school personnel, or (iv) before or after normal school | 12 |
| activities, such
as while in before-school or after-school care | 13 |
| 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 | 16 |
| becoming law. |
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