Sen. Laura M. Murphy

Filed: 3/11/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1250

2    AMENDMENT NO. ______. Amend Senate Bill 1250 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
510-22.21b and by adding Section 34-18.61 as follows:
 
6    (105 ILCS 5/10-22.21b)  (from Ch. 122, par. 10-22.21b)
7    Sec. 10-22.21b. Administering medication.
8    (a) In this Section, "asthma action plan" has the meaning
9given to that term under Section 22-30.
10    (b) To provide for the administration of medication to
11students. It shall be the policy of the State of Illinois that
12the administration of medication to students during regular
13school hours and during school-related activities should be
14discouraged unless absolutely necessary for the critical
15health and well-being of the student. Under no circumstances
16shall teachers or other non-administrative school employees,

 

 

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1except certified school nurses and non-certificated registered
2professional nurses, be required to administer medication to
3students. This Section shall not prohibit a school district
4from adopting guidelines for self-administration of medication
5by students that are consistent with this Section and this
6Code. This Section shall not prohibit any school employee from
7providing emergency assistance to students.
8    (c) Notwithstanding any other provision of law, a school
9district must allow any student with an asthma action plan, an
10Individual Health Care Action Plan, an Illinois Food Allergy
11Emergency Action Plan and Treatment Authorization Form, a plan
12pursuant to Section 504 of the federal Rehabilitation Act of
131973, or a plan pursuant to the federal Individuals with
14Disabilities Education Act to self-administer any medication
15required under those plans if the student's parent or guardian
16provides the school district with (i) written permission for
17the student's self-administration of medication and (ii)
18written authorization from the student's physician, physician
19assistant, or advanced practice registered nurse for the
20student to self-administer the medication. A parent or guardian
21must also provide to the school district the prescription label
22for the medication, which must contain the name of the
23medication, the prescribed dosage, and the time or times at
24which or the circumstances under which the medication is to be
25administered. Information received by a school district under
26this subsection shall be kept on file in the office of the

 

 

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1school nurse or, in the absence of a school nurse, the school's
2administrator.
3    (d) Each school district must adopt an emergency action
4plan for a student who self-administers medication under
5subsection (c). The plan must include both of the following:
6        (1) A plan of action in the event a student is unable
7    to self-administer medication.
8        (2) The situations in which a school must call 9-1-1.
9    (e) A school district and its employees and agents shall
10incur no liability, except for willful and wanton conduct, as a
11result of any injury arising from the self-administration of
12medication by a student under subsection (c). The student's
13parent or guardian must sign a statement to this effect, which
14must acknowledge that the parent or guardian must indemnify and
15hold harmless the school district and its employees and agents
16against any claims, except a claim based on willful and wanton
17conduct, arising out of the self-administration of medication
18by a student.
19(Source: P.A. 91-719, eff. 6-2-00.)
 
20    (105 ILCS 5/34-18.61 new)
21    Sec. 34-18.61. Self-administrating medication.
22    (a) In this Section, "asthma action plan" has the meaning
23given to that term under Section 22-30.
24    (b) Notwithstanding any other provision of law, the school
25district must allow any student with an asthma action plan, an

 

 

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1Individual Health Care Action Plan, an Illinois Food Allergy
2Emergency Action Plan and Treatment Authorization Form, a plan
3pursuant to Section 504 of the federal Rehabilitation Act of
41973, or a plan pursuant to the federal Individuals with
5Disabilities Education Act to self-administer any medication
6required under those plans if the student's parent or guardian
7provides the school district with (i) written permission for
8the student's self-administration of medication and (ii)
9written authorization from the student's physician, physician
10assistant, or advanced practice registered nurse for the
11student to self-administer the medication. A parent or guardian
12must also provide to the school district the prescription label
13for the medication, which must contain the name of the
14medication, the prescribed dosage, and the time or times at
15which or the circumstances under which the medication is to be
16administered. Information received by the school district
17under this subsection shall be kept on file in the office of
18the school nurse or, in the absence of a school nurse, the
19school's administrator.
20    (c) The school district must adopt an emergency action plan
21for a student who self-administers medication under subsection
22(b). The plan must include both of the following:
23        (1) A plan of action in the event a student is unable
24    to self-administer medication.
25        (2) The situations in which a school must call 9-1-1.
26    (d) The school district and its employees and agents shall

 

 

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1incur no liability, except for willful and wanton conduct, as a
2result of any injury arising from the self-administration of
3medication by a student under subsection (b). The student's
4parent or guardian must sign a statement to this effect, which
5must acknowledge that the parent or guardian must indemnify and
6hold harmless the school district and its employees and agents
7against any claims, except a claim based on willful and wanton
8conduct, arising out of the self-administration of medication
9by a student.".