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92_HB0898 LRB9204294NTsb 1 AN ACT concerning schools. 2 WHEREAS, an estimated 5.3 million American children have 3 asthma; and 4 WHEREAS, Asthma is the leading serious chronic illness 5 among children and annually incurs a cost of $ 3.2 billion in 6 treating this young population; and 7 WHEREAS, Asthma accounts for 10 million lost school days 8 each year in the United States and is the leading cause of 9 school absenteeism attributed to chronic conditions; and 10 WHEREAS, Asthma is the third-ranking cause of 11 hospitalization among children under the age of 15 years and 12 accounts for almost one in 6 of all pediatric emergency room 13 visits; and 14 WHEREAS, There are more than 5,400 deaths from asthma in 15 this country each year; and 16 WHEREAS, Known asthma triggers range from viral 17 infections to allergies to irritating gases and particles in 18 the air; and 19 WHEREAS, An estimated 200,000 U.S. children with asthma 20 have their condition worsened by exposure to second-hand 21 smoke; and 22 WHEREAS, Resulting asthma attacks in children can be 23 severe; the child may become breathless and have difficulty 24 talking; and 25 WHEREAS, Children with asthma are taught by their -2- LRB9204294NTsb 1 physician or other State-licensed health care provider to 2 take medication to prevent an attack or to help them if an 3 attack occurs; and 4 WHEREAS, A child's asthma can be managed by both 5 treatment and medication; and 6 WHEREAS, Elementary and secondary school students with 7 asthma should have unobstructed access to their asthma 8 medication; therefore 9 Be it enacted by the People of the State of Illinois, 10 represented in the General Assembly: 11 Section 5. The School Code is amended by adding Sections 12 10-20.35 and 34-18.22 as follows: 13 (105 ILCS 5/10-20.35 new) 14 Sec. 10-20.35. Self-administration of asthma medication. 15 (a) In this Section: 16 "Medication" means a medicine prescribed by a physician 17 or other State-licensed heath care provider for a pupil that 18 pertains to the pupil's asthma and that has an individual 19 prescription label. 20 "Self-administration" means a pupil's discretionary use 21 of his or her medication pursuant to prescription or written 22 direction from a physician or other State-licensed health 23 care provider. 24 (b) A school board must permit the self-administration 25 of medication by a pupil with asthma, provided that (i) the 26 parents or guardians of the pupil provide to the school or 27 school board written authorization for the 28 self-administration of medication and (ii) the parents or 29 guardians of the pupil provide to the school board written -3- LRB9204294NTsb 1 certification from the pupil's physician or other 2 State-licensed health care provider that the pupil has asthma 3 and is capable of self-administration of medication. In 4 addition, the physician or health care provider must supply 5 all of the following information to the school board: 6 (1) The name and purpose of the medication. 7 (2) The prescribed dosage. 8 (3) The time or times at which or the special 9 circumstances under which the medication is to be 10 administered. 11 (4) The length of time for which the medication is 12 prescribed. 13 (5) The possible side effects of the medication. 14 This information shall be kept on file in the office of the 15 school nurse or, in the absence of a school nurse, the 16 school's administrator. 17 (c) The school board must inform the parents or 18 guardians of the pupil, in writing, that the school district 19 and its employees and agents are to incur no liability as a 20 result of any injury arising from the self-administration of 21 medication by the pupil. The parents or guardians of the 22 pupil must sign a statement acknowledging that the school 23 district is to incur no liability as a result of any injury 24 arising from the self-administration of medication by the 25 pupil and that the parents or guardians must indemnify and 26 hold harmless the district and its employees and agents 27 against any claims arising out of the self-administration of 28 medication by the pupil. 29 (d) The permission for self-administration of medication 30 is effective for the school year for which it is granted and 31 shall be renewed each subsequent school year upon fulfillment 32 of the requirements of this Section. 33 (e) Provided that the requirements of this Section are 34 fulfilled, a pupil with asthma may possess and use his or her -4- LRB9204294NTsb 1 medication (i) while in school, (ii) while at a 2 school-sponsored activity, (iii) while under the supervision 3 of school personnel, or (iv) before or after normal school 4 activities, such as while in before-school or after-school 5 care on school-operated property. 6 (105 ILCS 5/34-18.22 new) 7 Sec. 34-18.22. Self-administration of asthma medication. 8 (a) In this Section: 9 "Medication" means a medicine prescribed by a physician 10 or other State-licensed heath care provider for a pupil that 11 pertains to the pupil's asthma and that has an individual 12 prescription label. 13 "Self-administration" means a pupil's discretionary use 14 of his or her medication pursuant to prescription or written 15 direction from a physician or other State-licensed health 16 care provider. 17 (b) The board must permit the self-administration of 18 medication by a pupil with asthma, provided that (i) the 19 parents or guardians of the pupil provide to the school or 20 board written authorization for the self-administration of 21 medication and (ii) the parents or guardians of the pupil 22 provide to the board written certification from the pupil's 23 physician or other State-licensed health care provider that 24 the pupil has asthma and is capable of self-administration of 25 medication. In addition, the physician or health care 26 provider must supply all of the following information to the 27 board: 28 (1) The name and purpose of the medication. 29 (2) The prescribed dosage. 30 (3) The time or times at which or the special 31 circumstances under which the medication is to be 32 administered. 33 (4) The length of time for which the medication is -5- LRB9204294NTsb 1 prescribed. 2 (5) The possible side effects of the medication. 3 This information shall be kept on file in the office of the 4 school nurse or, in the absence of a school nurse, the 5 school's administrator. 6 (c) The board must inform the parents or guardians of 7 the pupil, in writing, that the school district and its 8 employees and agents are to incur no liability as a result of 9 any injury arising from the self-administration of medication 10 by the pupil. The parents or guardians of the pupil must 11 sign a statement acknowledging that the school district is to 12 incur no liability as a result of any injury arising from the 13 self-administration of medication by the pupil and that the 14 parents or guardians must indemnify and hold harmless the 15 district and its employees and agents against any claims 16 arising out of the self-administration of medication by the 17 pupil. 18 (d) The permission for self-administration of medication 19 is effective for the school year for which it is granted and 20 shall be renewed each subsequent school year upon fulfillment 21 of the requirements of 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 (i) while in school, (ii) while at a 25 school-sponsored activity, (iii) while under the supervision 26 of school personnel, or (iv) before or after normal school 27 activities, such as while in before-school and after-school 28 care on school-operated property. 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.