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Public Act 094-0792


 

Public Act 0792 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0792
 
SB2898 Enrolled LRB094 17501 NHT 52797 b

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

Effective Date: 5/19/2006