Illinois General Assembly

Previous General Assemblies

Full Text of HB3294  97th General Assembly

HB3294ham003 97TH GENERAL ASSEMBLY

Rep. Chris Nybo

Filed: 4/5/2011

 

 


 

 


 
09700HB3294ham003LRB097 10922 RPM 53846 a

1
AMENDMENT TO HOUSE BILL 3294

2    AMENDMENT NO. ______. Amend House Bill 3294, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
622-30 as follows:
 
7    (105 ILCS 5/22-30)
8    Sec. 22-30. Self-administration of medication and school
9nurse administration.
10    (a) In this Section:
11    "Asthma inhaler" means a quick reliever asthma inhaler.
12    "Epinephrine auto-injector" means a medical device for
13immediate self-administration by a person at risk of
14anaphylaxis.
15    "Medication" means a medicine, prescribed by (i) a
16physician licensed to practice medicine in all its branches,

 

 

09700HB3294ham003- 2 -LRB097 10922 RPM 53846 a

1(ii) a physician assistant who has been delegated the authority
2to prescribe asthma medications by his or her supervising
3physician, or (iii) an advanced practice registered nurse who
4has a written collaborative agreement with a collaborating
5physician that delegates the authority to prescribe asthma
6medications, for a pupil that pertains to the pupil's asthma
7and that has an individual prescription label.
8    "Self-administration" means a pupil's discretionary use of
9and ability to carry his or her prescribed asthma medication.
10    (b) A school, whether public or nonpublic, must permit the
11self-administration of medication by a pupil with asthma or the
12use of an epinephrine auto-injector by a pupil, provided that:
13        (1) the parents or guardians of the pupil provide to
14    the school (i) written authorization from the parents or
15    guardians for the self-administration of medication or
16    (ii) for use of an epinephrine auto-injector, written
17    authorization from the pupil's physician, physician
18    assistant, or advanced practice registered nurse; and
19        (2) the parents or guardians of the pupil provide to
20    the school (i) the prescription label, which must contain
21    the name of the medication, the prescribed dosage, and the
22    time at which or circumstances under which the medication
23    is to be administered, or (ii) for use of an epinephrine
24    auto-injector, a written statement from the pupil's
25    physician, physician assistant, or advanced practice
26    registered nurse containing the following information:

 

 

09700HB3294ham003- 3 -LRB097 10922 RPM 53846 a

1            (A) the name and purpose of the epinephrine
2        auto-injector;
3            (B) the prescribed dosage; and
4            (C) the time or times at which or the special
5        circumstances under which the epinephrine
6        auto-injector is to be administered.
7The information provided shall be kept on file in the office of
8the school nurse or, in the absence of a school nurse, the
9school's administrator.
10    (b-5) A school district or nonpublic school may authorize
11the provision of an epinephrine auto-injector to a student or
12any personnel authorized under a student's Individual Health
13Care Action Plan, Illinois Food Allergy Emergency Action Plan
14and Treatment Authorization Form, or plan pursuant to Section
15504 of the federal Rehabilitation Act of 1973 to administer an
16epinephrine auto-injector to the student, that meets the
17prescription on file.
18    (b-10) The school district or nonpublic school may
19authorize a school nurse do the following: (i) provide an
20epinephrine auto-injector to a student or any personnel
21authorized under a student's Individual Health Care Action
22Plan, Illinois Food Allergy Emergency Action Plan and Treatment
23Authorization Form, or plan pursuant to Section 504 of the
24federal Rehabilitation Act of 1973 to administer an epinephrine
25auto-injector to the student, that meets the prescription on
26file; (ii) administer an epinephrine auto-injector that meets

 

 

09700HB3294ham003- 4 -LRB097 10922 RPM 53846 a

1the prescription on file to any student who has an Individual
2Health Care Action Plan, Illinois Food Allergy Emergency Action
3Plan and Treatment Authorization Form, or plan pursuant to
4Section 504 of the federal Rehabilitation Act of 1973 that
5authorizes the use of an Epinephrine auto-injector; and (iii)
6administer an epinephrine auto-injector to any student that the
7school nurse in good faith professionally believes is having an
8anaphylactic reaction.
9    (c) The school district or nonpublic school must inform the
10parents or guardians of the pupil, in writing, that the school
11district or nonpublic school and its employees and agents,
12including a physician providing standing protocol or
13prescription for school epinephrine auto-injectors, are to
14incur no liability, except for willful and wanton conduct, as a
15result of any injury arising from the self-administration of
16medication or use of an epinephrine auto-injector by the pupil
17regardless of whether authorization was given by the pupil's
18parents or guardians or by the pupil's physician, physician's
19assistant, or advanced practice registered nurse. The parents
20or guardians of the pupil must sign a statement acknowledging
21that the school district or nonpublic school and its employees
22and agents are is to incur no liability, except for willful and
23wanton conduct, as a result of any injury arising from 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

 

 

09700HB3294ham003- 5 -LRB097 10922 RPM 53846 a

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

 

 

09700HB3294ham003- 6 -LRB097 10922 RPM 53846 a

1school year for which it is granted and shall be renewed each
2subsequent school year upon fulfillment of the requirements of
3this Section.
4    (e) Provided that the requirements of this Section are
5fulfilled, a pupil with asthma may possess and use his or her
6medication or a pupil may possess and use an epinephrine
7auto-injector (i) while in school, (ii) while at a
8school-sponsored activity, (iii) while under the supervision
9of school personnel, or (iv) before or after normal school
10activities, such as while in before-school or after-school care
11on school-operated property.
12    (f) The school district or nonpublic school may maintain at
13a school in a locked, secure location a supply of epinephrine
14auto-injectors. A physician may prescribe epinephrine
15auto-injectors in the name of the school district or nonpublic
16school to be maintained for use when necessary. The school
17district or nonpublic school supply of epinephrine
18auto-injectors may be provided to and utilized by any student
19authorized to self-administer that meets the prescription on
20file or by any personnel authorized under a student's
21Individual Health Care Action Plan, Illinois Food Allergy
22Emergency Action Plan and Treatment Authorization Form, or plan
23pursuant to Section 504 of the federal Rehabilitation Act of
241973 to administer an epinephrine auto-injector to the student,
25that meets the prescription on file. When a student does not
26have an epinephrine auto-injector or a prescription for an

 

 

09700HB3294ham003- 7 -LRB097 10922 RPM 53846 a

1epinephrine auto-injector on file, the school nurse may utilize
2the school district or nonpublic school supply of epinephrine
3auto-injectors to respond to anaphylactic reaction, under a
4standing protocol from a physician licensed to practice
5medicine in all its branches and the requirements of this
6Section.
7(Source: P.A. 96-1460, eff. 8-20-10.)
 
8    Section 10. The Illinois Food, Drug and Cosmetic Act is
9amended by changing Section 3.21 as follows:
 
10    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
11    Sec. 3.21. Except as authorized by this Act, the Controlled
12Substances Act, the Pharmacy Practice Act, the Dental Practice
13Act, the Medical Practice Act of 1987, the Veterinary Medicine
14and Surgery Practice Act of 2004, or the Podiatric Medical
15Practice Act of 1987, or Section 22-30 of the School Code, to
16sell or dispense a prescription drug without a prescription.
17(Source: P.A. 95-689, eff. 10-29-07.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".