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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.".