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Public Act 096-1460
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| HB5836 Enrolled | LRB096 17765 NHT 33132 b |
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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 |
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. |
"Epinephrine auto-injector" means a medical device for |
immediate self-administration by a person at risk of |
anaphylaxis.
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"Medication" means a medicine, prescribed by (i) a |
physician
licensed to practice medicine in all its branches,
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(ii) a physician assistant who has been delegated the authority |
to prescribe
asthma
medications by his or her supervising |
physician, or (iii) an advanced practice
registered nurse who |
has a written
collaborative agreement with a collaborating |
physician that delegates the
authority
to prescribe asthma |
medications,
for a pupil that pertains to the pupil's
asthma |
and that has an individual prescription label.
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"Self-administration" means a pupil's discretionary use of |
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 |
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 |
the school (i) written
authorization from the parents or |
guardians for the self-administration of medication or |
(ii) for use of an epinephrine auto-injector, written |
authorization from the pupil's physician, physician |
assistant, or advanced practice registered nurse; and
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(2) the
parents or guardians of the pupil provide to |
the school (i) the prescription label, which must contain |
the name of the medication, the prescribed dosage, and the |
time at which or circumstances under which the medication |
is to be administered, or (ii) for use of an epinephrine |
auto-injector, a
written
statement from the pupil's |
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 |
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 |
circumstances
under which the medication or |
epinephrine auto-injector is to be administered.
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The information provided shall be kept on file in the office of |
the school
nurse or,
in the absence of a school nurse, the |
school's administrator.
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(c) The school district or nonpublic school must inform the |
parents or
guardians of the
pupil, in writing, that the school |
district or nonpublic school and its
employees and
agents
are |
to incur no liability, except for willful and wanton conduct, |
as a result
of any injury arising from the
self-administration |
of medication or use of an epinephrine auto-injector by the |
pupil regardless of whether authorization was given by the |
pupil's parents or guardians or by the pupil's physician, |
physician's assistant, or advanced practice registered nurse. |
The parents or guardians
of the pupil must sign a statement |
acknowledging that the school district
or nonpublic school is |
to incur no liability, except for willful and wanton
conduct, |
as a result of any injury arising
from the
self-administration |
of medication or use of an epinephrine auto-injector by the |
pupil regardless of whether authorization was given by the |
pupil's parents or guardians or by the pupil's physician, |
physician's assistant, or advanced practice registered nurse |
and that the parents or
guardians must indemnify and hold |
harmless the school district or nonpublic
school and
its
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employees and agents against any claims, except a claim based |
on willful and
wanton conduct, arising out of the
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self-administration of medication or use of an epinephrine |
auto-injector by the pupil regardless of whether authorization |
was given by the pupil's parents or guardians or by the pupil's |
physician, physician's assistant, or advanced practice |
registered nurse.
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(d) The permission for self-administration of medication |
or use of an epinephrine auto-injector is effective
for the |
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 |
this
Section.
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(e) Provided that the requirements of this Section are |
fulfilled, a
pupil with asthma may possess and use his or her |
medication or a pupil may possess and use an epinephrine |
auto-injector (i) while in
school, (ii) while at a |
school-sponsored activity, (iii) while under the
supervision |
of
school personnel, or (iv) before or after normal school |
activities, such
as while in before-school or after-school care |
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 |
becoming law. |