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Full Text of HB3294  97th General Assembly

HB3294enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning schools.
 
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 changing Section
522-30 as follows:
 
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration of medication and school
8nurse administration.
9    (a) In this Section:
10    "Asthma inhaler" means a quick reliever asthma inhaler.
11    "Epinephrine auto-injector" means a medical device for
12immediate self-administration by a person at risk of
13anaphylaxis.
14    "Medication" means a medicine, prescribed by (i) a
15physician licensed to practice medicine in all its branches,
16(ii) a physician assistant who has been delegated the authority
17to prescribe asthma medications by his or her supervising
18physician, or (iii) an advanced practice registered nurse who
19has a written collaborative agreement with a collaborating
20physician that delegates the authority to prescribe asthma
21medications, for a pupil that pertains to the pupil's asthma
22and that has an individual prescription label.
23    "Self-administration" means a pupil's discretionary use of

 

 

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1and ability to carry his or her prescribed asthma medication.
2    (b) A school, whether public or nonpublic, must permit the
3self-administration of medication by a pupil with asthma or the
4use of an epinephrine auto-injector by a pupil, provided that:
5        (1) the parents or guardians of the pupil provide to
6    the school (i) written authorization from the parents or
7    guardians for the self-administration of medication or
8    (ii) for use of an epinephrine auto-injector, written
9    authorization from the pupil's physician, physician
10    assistant, or advanced practice registered nurse; and
11        (2) the parents or guardians of the pupil provide to
12    the school (i) the prescription label, which must contain
13    the name of the medication, the prescribed dosage, and the
14    time at which or circumstances under which the medication
15    is to be administered, or (ii) for use of an epinephrine
16    auto-injector, a written statement from the pupil's
17    physician, physician assistant, or advanced practice
18    registered nurse containing the following information:
19            (A) the name and purpose of the epinephrine
20        auto-injector;
21            (B) the prescribed dosage; and
22            (C) the time or times at which or the special
23        circumstances under which the epinephrine
24        auto-injector is to be administered.
25The information provided shall be kept on file in the office of
26the school nurse or, in the absence of a school nurse, the

 

 

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1school's administrator.
2    (b-5) A school district or nonpublic school may authorize
3the provision of an epinephrine auto-injector to a student or
4any personnel authorized under a student's Individual Health
5Care Action Plan, Illinois Food Allergy Emergency Action Plan
6and Treatment Authorization Form, or plan pursuant to Section
7504 of the federal Rehabilitation Act of 1973 to administer an
8epinephrine auto-injector to the student, that meets the
9prescription on file.
10    (b-10) The school district or nonpublic school may
11authorize a school nurse do the following: (i) provide an
12epinephrine auto-injector to a student or any personnel
13authorized under a student's Individual Health Care Action
14Plan, Illinois Food Allergy Emergency Action Plan and Treatment
15Authorization Form, or plan pursuant to Section 504 of the
16federal Rehabilitation Act of 1973 to administer an epinephrine
17auto-injector to the student, that meets the prescription on
18file; (ii) administer an epinephrine auto-injector that meets
19the prescription on file to any student who has an Individual
20Health Care Action Plan, Illinois Food Allergy Emergency Action
21Plan and Treatment Authorization Form, or plan pursuant to
22Section 504 of the federal Rehabilitation Act of 1973 that
23authorizes the use of an Epinephrine auto-injector; and (iii)
24administer an epinephrine auto-injector to any student that the
25school nurse in good faith professionally believes is having an
26anaphylactic reaction.

 

 

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1    (c) The school district or nonpublic school must inform the
2parents or guardians of the pupil, in writing, that the school
3district or nonpublic school and its employees and agents,
4including a physician providing standing protocol or
5prescription for school epinephrine auto-injectors, are to
6incur no liability, except for willful and wanton conduct, as a
7result of any injury arising from the self-administration of
8medication or use of an epinephrine auto-injector by the pupil
9regardless of whether authorization was given by the pupil's
10parents or guardians or by the pupil's physician, physician's
11assistant, or advanced practice registered nurse. The parents
12or guardians of the pupil must sign a statement acknowledging
13that the school district or nonpublic school and its employees
14and agents are is to incur no liability, except for willful and
15wanton conduct, as a result of any injury arising from the
16self-administration of medication or use of an epinephrine
17auto-injector by the pupil regardless of whether authorization
18was given by the pupil's parents or guardians or by the pupil's
19physician, physician's assistant, or advanced practice
20registered nurse and that the parents or guardians must
21indemnify and hold harmless the school district or nonpublic
22school and its employees and agents against any claims, except
23a claim based on willful and wanton conduct, arising out of the
24self-administration of medication or use of an epinephrine
25auto-injector by the pupil regardless of whether authorization
26was given by the pupil's parents or guardians or by the pupil's

 

 

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1physician, physician's assistant, or advanced practice
2registered nurse. When a school nurse administers an
3epinephrine auto-injector to a student whom the school nurse in
4good faith professionally believes is having an anaphylactic
5reaction, notwithstanding the lack of notice to the parents or
6guardians of the pupil or the absence of the parents or
7guardians signed statement acknowledging no liability, except
8for willful and wanton conduct, the school district or
9nonpublic school and its employees and agents, including a
10physician providing standing protocol or prescription for
11school epinephrine auto-injectors, are to incur no liability,
12except for willful and wanton conduct, as a result of any
13injury arising from the use of an epinephrine auto-injector
14regardless of whether authorization was given by the pupil's
15parents or guardians or by the pupil's physician, physician's
16assistant, or advanced practice registered nurse.
17    (d) The permission for self-administration of medication
18or use of an epinephrine auto-injector is effective for the
19school year for which it is granted and shall be renewed each
20subsequent school year upon fulfillment of the requirements of
21this Section.
22    (e) Provided that the requirements of this Section are
23fulfilled, a pupil with asthma may possess and use his or her
24medication or a pupil may possess and use an epinephrine
25auto-injector (i) while in school, (ii) while at a
26school-sponsored activity, (iii) while under the supervision

 

 

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1of school personnel, or (iv) before or after normal school
2activities, such as while in before-school or after-school care
3on school-operated property.
4    (f) The school district or nonpublic school may maintain at
5a school in a locked, secure location a supply of epinephrine
6auto-injectors. A physician may prescribe epinephrine
7auto-injectors in the name of the school district or nonpublic
8school to be maintained for use when necessary. The school
9district or nonpublic school supply of epinephrine
10auto-injectors may be provided to and utilized by any student
11authorized to self-administer that meets the prescription on
12file or by any personnel authorized under a student's
13Individual Health Care Action Plan, Illinois Food Allergy
14Emergency Action Plan and Treatment Authorization Form, or plan
15pursuant to Section 504 of the federal Rehabilitation Act of
161973 to administer an epinephrine auto-injector to the student,
17that meets the prescription on file. When a student does not
18have an epinephrine auto-injector or a prescription for an
19epinephrine auto-injector on file, the school nurse may utilize
20the school district or nonpublic school supply of epinephrine
21auto-injectors to respond to anaphylactic reaction, under a
22standing protocol from a physician licensed to practice
23medicine in all its branches and the requirements of this
24Section.
25(Source: P.A. 96-1460, eff. 8-20-10.)
 

 

 

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1    Section 10. The Illinois Food, Drug and Cosmetic Act is
2amended by changing Section 3.21 as follows:
 
3    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
4    Sec. 3.21. Except as authorized by this Act, the Controlled
5Substances Act, the Pharmacy Practice Act, the Dental Practice
6Act, the Medical Practice Act of 1987, the Veterinary Medicine
7and Surgery Practice Act of 2004, or the Podiatric Medical
8Practice Act of 1987, or Section 22-30 of the School Code, to
9sell or dispense a prescription drug without a prescription.
10(Source: P.A. 95-689, eff. 10-29-07.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.