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Public Act 096-1460


 

Public Act 1460 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1460
 
HB5836 EnrolledLRB096 17765 NHT 33132 b

    AN ACT concerning education.
 
    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 medication.
    (a) In this Section:
    "Asthma inhaler" means a quick reliever asthma inhaler.
    "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
and ability to carry 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 (i) written authorization from the parents or
    guardians for the self-administration of medication or
    (ii) for use of an epinephrine auto-injector, written
    authorization from the pupil's physician, physician
    assistant, or advanced practice registered nurse; and
        (2) the parents or guardians of the pupil provide to
    the school (i) the prescription label, which must contain
    the name of the medication, the prescribed dosage, and the
    time at which or circumstances under which the medication
    is to be administered, or (ii) for use of an epinephrine
    auto-injector, 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 regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician's assistant, or advanced practice registered nurse.
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 regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician's assistant, or advanced practice registered nurse
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 regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician's assistant, or advanced practice
registered nurse.
    (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. 94-792, eff. 5-19-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2010