101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1250

 

Introduced 2/6/2019, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-31 new

    Amends the School Code. Requires a school district, public school, or nonpublic school to permit a student diagnosed with a pancreatic insufficiency to self-administer and self-manage his or her pancreatic enzyme replacement therapy if the parent or guardian of the student provides the school with written authorization for the self-administration or self-management and written authorization for the therapy from the student's physician, physician assistant, or advanced practice registered nurse; defines terms. Requires each school district or school to adopt an emergency care plan and develop an individualized health care plan for a student subject to the provision; specifies plan requirements. Provides that any disclosure of information under the provision shall not constitute a violation of the federal Health Insurance Portability and Accountability Act of 1996 or any regulations promulgated under that Act. Provides that any records created under the provision must be maintained in a confidential manner consistent with the federal Health Insurance Portability and Accountability Act of 1996.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1250LRB101 08388 AXK 53458 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-31 as follows:
 
6    (105 ILCS 5/22-31 new)
7    Sec. 22-31. Self-administration of pancreatic enzyme
8replacement therapy.
9    (a) In this Section:
10    "Emergency care plan" means a student-specific action plan
11developed by a school district, public school, or nonpublic
12school to facilitate quick and appropriate responses to an
13emergency in a school setting.
14    "Individualized health care plan" means a written plan of
15care developed by a school district, public school, or
16nonpublic school that outlines the provisions of a student's
17health care services and that is intended to achieve specific
18student outcomes.
19    "Pancreatic insufficiency" means a disorder of the
20digestive system. "Pancreatic insufficiency" may include the
21diagnosis of cystic fibrosis, a chronic disease that affects an
22individual's lungs and digestive system.
23    (b) A school district, public school, or nonpublic school

 

 

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1must permit a student diagnosed with a pancreatic insufficiency
2to self-administer and self-manage his or her pancreatic enzyme
3replacement therapy if the parent or guardian of the student
4provides the school with written authorization for the
5student's self-administration and self-management of the
6therapy and written authorization for the therapy from the
7student's physician, physician assistant, or advanced practice
8registered nurse. Information received by a school district or
9school under this subsection shall be kept on file in the
10office of the school nurse or, in the absence of a school
11nurse, the school's administrator.
12    (c) Each school district, public school, or nonpublic
13school shall adopt an emergency care plan that may be part of a
14student's individualized health care plan developed under
15subsection (d) and that includes all of the following:
16        (1) A plan of action in the event a student is unable
17    to self-administer or self-manage his or her pancreatic
18    enzyme replacement therapy.
19        (2) The situations in which a school must call 9-1-1.
20    (d) Each school district, public school, or nonpublic
21school shall develop an individualized health care plan for a
22student subject to this Section. The school district or school
23must develop the plan in collaboration with the student's
24physician, parent or guardian, and other school personnel to
25determine how to manage the student's pancreatic insufficiency
26while in school, participating in a school-sponsored activity,

 

 

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1or in transit to or from school or a school-sponsored activity.
2The plan must be student-specific and must include all of the
3following:
4        (1) The student's health status, risks, concerns, and
5    strengths.
6        (2) Any diagnoses from the student's physician or a
7    school nurse.
8        (3) Any interventions performed on the student by
9    school personnel.
10        (4) Training for school personnel.
11        (5) A list of goals that meet the health care needs of
12    the student and protect the safety of all students from the
13    misuse or abuse of pancreatic enzyme replacement therapy
14    medication.
15    (e) Any disclosure of information under this Section shall
16not constitute a violation of the federal Health Insurance
17Portability and Accountability Act of 1996 or any regulations
18promulgated under that Act.
19    (f) Any records created under this Section must be
20maintained in a confidential manner consistent with the federal
21Health Insurance Portability and Accountability Act of 1996.