State of Illinois
92^nd General Assembly
Legislation

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92_SB0979eng

 
SB979 Engrossed                                LRB9208045NTsb

 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
 
SB979 Engrossed             -2-                LRB9208045NTsb
 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  Section
12    22-30 as follows:

13        (105 ILCS 5/22-30 new)
14        Sec. 22-30.  Self-administration of asthma medication.
15        (a)  In this Section:
16        "Medication"  means  a  medicine,  prescribed  by  (i)  a
17    physician  licensed to practice medicine in all its branches,
18    (ii)  a  physician  assistant  who  has  been  delegated  the
19    authority to prescribe  asthma  medications  by  his  or  her
20    supervising   physician,   or   (iii)  an  advanced  practice
21    registered nurse who has a  written  collaborative  agreement
22    with  a  collaborating physician that delegates the authority
23    to prescribe asthma medications, for a pupil that pertains to
24    the pupil's asthma and that has  an  individual  prescription
25    label.
26        "Self-administration"  means  a pupil's discretionary use
27    of his or her prescribed asthma medication.
28        (b)  A school, whether public or nonpublic,  must  permit
29    the self-administration of medication by a pupil with asthma,
 
SB979 Engrossed             -3-                LRB9208045NTsb
 1    provided that:
 2             (1)  the  parents  or guardians of the pupil provide
 3        to   the   school   written   authorization    for    the
 4        self-administration of medication; and
 5             (2)  the  parents  or guardians of the pupil provide
 6        to the  school  a  written  statement  from  the  pupil's
 7        physician,  physician  assistant,  or  advanced  practice
 8        registered nurse containing the following information:
 9                  (A)  the name and purpose of the medication;
10                  (B)  the prescribed dosage; and
11                  (C)  the  time or times at which or the special
12             circumstances under which the medication  is  to  be
13             administered.
14    The  information provided shall be kept on file in the office
15    of the school nurse or, in the absence of a school nurse, the
16    school's administrator.
17        (c)  The school district or nonpublic school must  inform
18    the  parents  or guardians of the pupil, in writing, that the
19    school district or nonpublic school  and  its  employees  and
20    agents  are  to  incur no liability as a result of any injury
21    arising from the self-administration  of  medication  by  the
22    pupil.   The  parents  or  guardians of the pupil must sign a
23    statement acknowledging that the school district or nonpublic
24    school is to incur no liability as a  result  of  any  injury
25    arising  from  the  self-administration  of medication by the
26    pupil and that the parents or guardians  must  indemnify  and
27    hold harmless the school district or nonpublic school 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
 
SB979 Engrossed             -4-                LRB9208045NTsb
 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        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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