|
|
|
|
SB2898 Enrolled |
|
LRB094 17501 NHT 52797 b |
|
|
| 1 |
| AN ACT concerning schools.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The School Code is amended by changing Section |
| 5 |
| 22-30 as follows:
|
| 6 |
| (105 ILCS 5/22-30)
|
| 7 |
| Sec. 22-30. Self-administration of asthma medication.
|
| 8 |
| (a) In this Section:
|
| 9 |
| "Epinephrine auto-injector" means a medical device for |
| 10 |
| immediate self-administration by a person at risk of |
| 11 |
| anaphylaxis.
|
| 12 |
| "Medication" means a medicine, prescribed by (i) a |
| 13 |
| physician
licensed to practice medicine in all its branches,
|
| 14 |
| (ii) a physician assistant who has been delegated the authority |
| 15 |
| to prescribe
asthma
medications by his or her supervising |
| 16 |
| physician, or (iii) an advanced practice
registered nurse who |
| 17 |
| has a written
collaborative agreement with a collaborating |
| 18 |
| physician that delegates the
authority
to prescribe asthma |
| 19 |
| medications,
for a pupil that pertains to the pupil's
asthma |
| 20 |
| and that has an individual prescription label.
|
| 21 |
| "Self-administration" means a pupil's discretionary use of |
| 22 |
| his or
her prescribed asthma medication.
|
| 23 |
| (b) A school, whether public or nonpublic, must permit the
|
| 24 |
| self-administration of
medication by a pupil with asthma or the |
| 25 |
| use of an epinephrine auto-injector by a pupil, provided that:
|
| 26 |
| (1) the parents or
guardians of the pupil provide to |
| 27 |
| the school written
authorization for the |
| 28 |
| self-administration of medication or use of an epinephrine |
| 29 |
| auto-injector; and
|
| 30 |
| (2) the
parents or guardians of the pupil provide to |
| 31 |
| the school a
written
statement from the pupil's physician, |
| 32 |
| physician assistant, or advanced practice
registered nurse |
|
|
|
SB2898 Enrolled |
- 2 - |
LRB094 17501 NHT 52797 b |
|
|
| 1 |
| containing
the following information:
|
| 2 |
| (A) the name and purpose of the medication or |
| 3 |
| epinephrine auto-injector;
|
| 4 |
| (B) the prescribed dosage; and
|
| 5 |
| (C) the time or times at which or the special |
| 6 |
| circumstances
under which the medication or |
| 7 |
| epinephrine auto-injector is to be administered.
|
| 8 |
| The information provided shall be kept on file in the office of |
| 9 |
| the school
nurse or,
in the absence of a school nurse, the |
| 10 |
| school's administrator.
|
| 11 |
| (c) The school district or nonpublic school must inform the |
| 12 |
| parents or
guardians of the
pupil, in writing, that the school |
| 13 |
| district or nonpublic school and its
employees and
agents
are |
| 14 |
| to incur no liability, except for willful and wanton conduct, |
| 15 |
| as a result
of any injury arising from the
self-administration |
| 16 |
| of medication or use of an epinephrine auto-injector by the |
| 17 |
| pupil. The parents or guardians
of the pupil must sign a |
| 18 |
| statement acknowledging that the school district
or nonpublic |
| 19 |
| school is to incur no liability, except for willful and wanton
|
| 20 |
| conduct, as a result of any injury arising
from the
|
| 21 |
| self-administration of medication or use of an epinephrine |
| 22 |
| auto-injector by the pupil and that the parents or
guardians |
| 23 |
| must indemnify and hold harmless the school district or |
| 24 |
| nonpublic
school and
its
employees and agents against any |
| 25 |
| claims, except a claim based on willful and
wanton conduct, |
| 26 |
| arising out of the
self-administration of medication or use of |
| 27 |
| an epinephrine auto-injector by the pupil.
|
| 28 |
| (d) The permission for self-administration of medication |
| 29 |
| or use of an epinephrine auto-injector is effective
for the |
| 30 |
| school year for which it is granted and shall be renewed each
|
| 31 |
| subsequent school year upon fulfillment of the requirements of |
| 32 |
| this
Section.
|
| 33 |
| (e) Provided that the requirements of this Section are |
| 34 |
| fulfilled, a
pupil with asthma may possess and use his or her |
| 35 |
| medication or a pupil may possess and use an epinephrine |
| 36 |
| auto-injector (i) while in
school, (ii) while at a |
|
|
|
SB2898 Enrolled |
- 3 - |
LRB094 17501 NHT 52797 b |
|
|
| 1 |
| school-sponsored activity, (iii) while under the
supervision |
| 2 |
| of
school personnel, or (iv) before or after normal school |
| 3 |
| activities, such
as while in before-school or after-school care |
| 4 |
| on school-operated
property.
|
| 5 |
| (Source: P.A. 92-402, eff. 8-16-01.)
|
| 6 |
| Section 90. The State Mandates Act is amended by adding |
| 7 |
| Section 8.30 as
follows:
|
| 8 |
| (30 ILCS 805/8.30 new)
|
| 9 |
| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 |
| 10 |
| of this
Act, no reimbursement by the State is required for the |
| 11 |
| implementation of
any mandate created by this amendatory Act of |
| 12 |
| the 94th General Assembly.
|
| 13 |
| Section 99. Effective date. This Act takes effect upon |
| 14 |
| becoming law.
|
Translate
