State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]


92_HB0898ham001

 










                                           LRB9204294NTsbam03

 1                     AMENDMENT TO HOUSE BILL 898

 2        AMENDMENT NO.     .  Amend House Bill  898  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  School  Code  is  amended  by  adding
 5    Sections 10-20.35 and 34-18.22 as follows:

 6        (105 ILCS 5/10-20.35 new)
 7        Sec. 10-20.35.  Self-administration of asthma medication.
 8        (a)  In this Section:
 9        "Medication"  means  a  medicine,  prescribed  by  (i)  a
10    physician  licensed to practice medicine in all its branches,
11    (ii)  a  physician  assistant  who  has  been  delegated  the
12    authority to prescribe  asthma  medications  by  his  or  her
13    supervising   physician,   or   (iii)  an  advanced  practice
14    registered nurse who has a  written  collaborative  agreement
15    with  a  collaborating physician that delegates the authority
16    to prescribe asthma medications, for a pupil that pertains to
17    the pupil's asthma and that has  an  individual  prescription
18    label.
19        "Self-administration"  means  a pupil's discretionary use
20    of his or her prescribed asthma medication.
21        (b)  A  school  or   school   board   must   permit   the
22    self-administration  of  medication  by  a pupil with asthma,
 
                            -2-            LRB9204294NTsbam03
 1    provided that:
 2             (1)  the parents or guardians of the  pupil  provide
 3        to  the  school or school board written authorization for
 4        the self-administration of medication; and
 5             (2)  the parents or guardians of the  pupil  provide
 6        to  the  school  or school board a written statement from
 7        the pupil's physician, physician assistant,  or  advanced
 8        practice   registered   nurse  containing  the  following
 9        information:
10                  (A)  the name and purpose of the medication;
11                  (B)  the prescribed dosage; and
12                  (C)  the time or times at which or the  special
13             circumstances  under  which  the medication is to be
14             administered.
15    The information provided shall be kept on file in the  office
16    of the school nurse or, in the absence of a school nurse, the
17    school's administrator.
18        (c)  The  school  or school board must inform the parents
19    or guardians of the pupil, in writing,  that  the  school  or
20    schools district and its employees and agents are to incur no
21    liability  as  a  result  of  any  injury  arising  from  the
22    self-administration  of medication by the pupil.  The parents
23    or guardians of the pupil must sign a statement acknowledging
24    that the school district is to incur no liability as a result
25    of  any  injury  arising  from  the  self-administration   of
26    medication  by  the  pupil  and that the parents or guardians
27    must  indemnify  and  hold  harmless  the  district  and  its
28    employees and agents against any claims arising  out  of  the
29    self-administration of medication by the pupil.
30        (d)  The permission for self-administration of medication
31    is  effective for the school year for which it is granted and
32    shall be renewed each subsequent school year upon fulfillment
33    of the requirements of this Section.
34        (e)  Provided that the requirements of this  Section  are
 
                            -3-            LRB9204294NTsbam03
 1    fulfilled, a pupil with asthma may possess and use his or her
 2    medication   (i)   while   in   school,   (ii)   while  at  a
 3    school-sponsored activity, (iii) while under the  supervision
 4    of  school  personnel,  or (iv) before or after normal school
 5    activities, such as while in  before-school  or  after-school
 6    care on school-operated property.

 7        (105 ILCS 5/34-18.22 new)
 8        Sec. 34-18.22.  Self-administration of asthma medication.
 9        (a)  In this Section:
10        "Medication"  means  a  medicine,  prescribed  by  (i)  a
11    physician  licensed to practice medicine in all its branches,
12    (ii)  a  physician  assistant  who  has  been  delegated  the
13    authority to prescribe  asthma  medications  by  his  or  her
14    supervising   physician,   or   (iii)  an  advanced  practice
15    registered nurse who has a  written  collaborative  agreement
16    with  a  collaborating physician that delegates the authority
17    to prescribe asthma medications, for a pupil that pertains to
18    the pupil's asthma and that has  an  individual  prescription
19    label.
20        "Self-administration"  means  a pupil's discretionary use
21    of his or her prescribed asthma medication.
22        (b)  The  school  or  school  board   must   permit   the
23    self-administration  of  medication  by  a pupil with asthma,
24    provided that:
25             (1)  the parents or guardians of the  pupil  provide
26        to  the  school  or  board  written authorization for the
27        self-administration of medication; and
28             (2)  the parents or guardians of the  pupil  provide
29        to  the  school  or school board a written statement from
30        the pupil's physician, physician assistant,  or  advanced
31        practice   registered   nurse  containing  the  following
32        information:
33                  (A)  the name and purpose of the medication;
 
                            -4-            LRB9204294NTsbam03
 1                  (B)  the prescribed dosage; and
 2                  (C)  the time or times at which or the  special
 3             circumstances  under  which  the medication is to be
 4             administered.
 5    The information provided shall be kept on file in the  office
 6    of the school nurse or, in the absence of a school nurse, the
 7    school's administrator.
 8        (c)  The  school  or school board must inform the parents
 9    or guardians of  the  pupil,  in  writing,  that  the  school
10    district  and  its  employees  and  agents  are  to  incur no
11    liability  as  a  result  of  any  injury  arising  from  the
12    self-administration of medication by the pupil.  The  parents
13    or guardians of the pupil must sign a statement acknowledging
14    that the school district is to incur no liability as a result
15    of   any  injury  arising  from  the  self-administration  of
16    medication by the pupil and that  the  parents  or  guardians
17    must  indemnify  and  hold  harmless  the  district  and  its
18    employees  and  agents  against any claims arising out of the
19    self-administration of medication by the pupil.
20        (d)  The permission for self-administration of medication
21    is effective for the school year for which it is granted  and
22    shall be renewed each subsequent school year upon fulfillment
23    of the requirements of this Section.
24        (e)  Provided  that  the requirements of this Section are
25    fulfilled, a pupil with asthma may possess and use his or her
26    medication  (i)  while   in   school,   (ii)   while   at   a
27    school-sponsored  activity, (iii) while under the supervision
28    of school personnel, or (iv) before or  after  normal  school
29    activities,  such  as while in before-school and after-school
30    care on school-operated property.

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.".

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