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Public Act 097-0361


 

Public Act 0361 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0361
 
HB3294 EnrolledLRB097 10922 RPM 51480 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 medication and school
nurse administration.
    (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 epinephrine
        auto-injector;
            (B) the prescribed dosage; and
            (C) the time or times at which or the special
        circumstances under which the 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.
    (b-5) A school district or nonpublic school may authorize
the provision of an epinephrine auto-injector to a student or
any personnel authorized under a student's Individual Health
Care Action Plan, Illinois Food Allergy Emergency Action Plan
and Treatment Authorization Form, or plan pursuant to Section
504 of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
prescription on file.
    (b-10) The school district or nonpublic school may
authorize a school nurse do the following: (i) provide an
epinephrine auto-injector to a student or any personnel
authorized under a student's Individual Health Care Action
Plan, Illinois Food Allergy Emergency Action Plan and Treatment
Authorization Form, or plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973 to administer an epinephrine
auto-injector to the student, that meets the prescription on
file; (ii) administer an epinephrine auto-injector that meets
the prescription on file to any student who has an Individual
Health Care Action Plan, Illinois Food Allergy Emergency Action
Plan and Treatment Authorization Form, or plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973 that
authorizes the use of an Epinephrine auto-injector; and (iii)
administer an epinephrine auto-injector to any student that the
school nurse in good faith professionally believes is having an
anaphylactic reaction.
    (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,
including a physician providing standing protocol or
prescription for school epinephrine auto-injectors, 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 and its employees
and agents are 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. When a school nurse administers an
epinephrine auto-injector to a student whom the school nurse in
good faith professionally believes is having an anaphylactic
reaction, notwithstanding the lack of notice to the parents or
guardians of the pupil or the absence of the parents or
guardians signed statement acknowledging no liability, except
for willful and wanton conduct, the school district or
nonpublic school and its employees and agents, including a
physician providing standing protocol or prescription for
school epinephrine auto-injectors, are to incur no liability,
except for willful and wanton conduct, as a result of any
injury arising from the use of an epinephrine auto-injector
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.
    (f) The school district or nonpublic school may maintain at
a school in a locked, secure location a supply of epinephrine
auto-injectors. A physician may prescribe epinephrine
auto-injectors in the name of the school district or nonpublic
school to be maintained for use when necessary. The school
district or nonpublic school supply of epinephrine
auto-injectors may be provided to and utilized by any student
authorized to self-administer that meets the prescription on
file or by any personnel authorized under a student's
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 to administer an epinephrine auto-injector to the student,
that meets the prescription on file. When a student does not
have an epinephrine auto-injector or a prescription for an
epinephrine auto-injector on file, the school nurse may utilize
the school district or nonpublic school supply of epinephrine
auto-injectors to respond to anaphylactic reaction, under a
standing protocol from a physician licensed to practice
medicine in all its branches and the requirements of this
Section.
(Source: P.A. 96-1460, eff. 8-20-10.)
 
    Section 10. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.21 as follows:
 
    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
    Sec. 3.21. Except as authorized by this Act, the Controlled
Substances Act, the Pharmacy Practice Act, the Dental Practice
Act, the Medical Practice Act of 1987, the Veterinary Medicine
and Surgery Practice Act of 2004, or the Podiatric Medical
Practice Act of 1987, or Section 22-30 of the School Code, to
sell or dispense a prescription drug without a prescription.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2011