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Public Act 101-0205


 

Public Act 0205 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0205
 
SB1250 EnrolledLRB101 08388 AXK 53458 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
10-22.21b and by adding Section 34-18.61 as follows:
 
    (105 ILCS 5/10-22.21b)  (from Ch. 122, par. 10-22.21b)
    Sec. 10-22.21b. Administering medication.
    (a) In this Section, "asthma action plan" has the meaning
given to that term under Section 22-30.
    (b) To provide for the administration of medication to
students. It shall be the policy of the State of Illinois that
the administration of medication to students during regular
school hours and during school-related activities should be
discouraged unless absolutely necessary for the critical
health and well-being of the student. Under no circumstances
shall teachers or other non-administrative school employees,
except certified school nurses and non-certificated registered
professional nurses, be required to administer medication to
students. This Section shall not prohibit a school district
from adopting guidelines for self-administration of medication
by students that are consistent with this Section and this
Code. This Section shall not prohibit any school employee from
providing emergency assistance to students.
    (c) Notwithstanding any other provision of law, a school
district must allow any student with an asthma action plan, an
Individual Health Care Action Plan, an Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, a plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or a plan pursuant to the federal Individuals with
Disabilities Education Act to self-administer any medication
required under those plans if the student's parent or guardian
provides the school district with (i) written permission for
the student's self-administration of medication and (ii)
written authorization from the student's physician, physician
assistant, or advanced practice registered nurse for the
student to self-administer the medication. A parent or guardian
must also provide to the school district the prescription label
for the medication, which must contain the name of the
medication, the prescribed dosage, and the time or times at
which or the circumstances under which the medication is to be
administered. Information received by a school district under
this subsection shall be kept on file in the office of the
school nurse or, in the absence of a school nurse, the school's
administrator.
    (d) Each school district must adopt an emergency action
plan for a student who self-administers medication under
subsection (c). The plan must include both of the following:
        (1) A plan of action in the event a student is unable
    to self-administer medication.
        (2) The situations in which a school must call 9-1-1.
    (e) A school district and its employees and agents shall
incur no liability, except for willful and wanton conduct, as a
result of any injury arising from the self-administration of
medication by a student under subsection (c). The student's
parent or guardian must sign a statement to this effect, which
must acknowledge that the parent or guardian must indemnify and
hold harmless the school district 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
by a student.
(Source: P.A. 91-719, eff. 6-2-00.)
 
    (105 ILCS 5/34-18.61 new)
    Sec. 34-18.61. Self-administrating medication.
    (a) In this Section, "asthma action plan" has the meaning
given to that term under Section 22-30.
    (b) Notwithstanding any other provision of law, the school
district must allow any student with an asthma action plan, an
Individual Health Care Action Plan, an Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, a plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or a plan pursuant to the federal Individuals with
Disabilities Education Act to self-administer any medication
required under those plans if the student's parent or guardian
provides the school district with (i) written permission for
the student's self-administration of medication and (ii)
written authorization from the student's physician, physician
assistant, or advanced practice registered nurse for the
student to self-administer the medication. A parent or guardian
must also provide to the school district the prescription label
for the medication, which must contain the name of the
medication, the prescribed dosage, and the time or times at
which or the circumstances under which the medication is to be
administered. Information received by the school district
under this subsection 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 must adopt an emergency action plan
for a student who self-administers medication under subsection
(b). The plan must include both of the following:
        (1) A plan of action in the event a student is unable
    to self-administer medication.
        (2) The situations in which a school must call 9-1-1.
    (d) The school district and its employees and agents shall
incur no liability, except for willful and wanton conduct, as a
result of any injury arising from the self-administration of
medication by a student under subsection (b). The student's
parent or guardian must sign a statement to this effect, which
must acknowledge that the parent or guardian must indemnify and
hold harmless the school district 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
by a student.

Effective Date: 1/1/2020