Full Text of HB3294 97th General Assembly
HB3294ham003 97TH GENERAL ASSEMBLY | Rep. Chris Nybo Filed: 4/5/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3294
| 2 | | AMENDMENT NO. ______. Amend House Bill 3294, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Section | 6 | | 22-30 as follows:
| 7 | | (105 ILCS 5/22-30)
| 8 | | Sec. 22-30. Self-administration of medication and school | 9 | | nurse administration .
| 10 | | (a) In this Section:
| 11 | | "Asthma inhaler" means a quick reliever asthma inhaler. | 12 | | "Epinephrine auto-injector" means a medical device for | 13 | | immediate self-administration by a person at risk of | 14 | | anaphylaxis.
| 15 | | "Medication" means a medicine, prescribed by (i) a | 16 | | physician
licensed to practice medicine in all its branches,
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| 1 | | (ii) a physician assistant who has been delegated the authority | 2 | | to prescribe
asthma
medications by his or her supervising | 3 | | physician, or (iii) an advanced practice
registered nurse who | 4 | | has a written
collaborative agreement with a collaborating | 5 | | physician that delegates the
authority
to prescribe asthma | 6 | | medications,
for a pupil that pertains to the pupil's
asthma | 7 | | and that has an individual prescription label.
| 8 | | "Self-administration" means a pupil's discretionary use of | 9 | | and ability to carry his or
her prescribed asthma medication.
| 10 | | (b) A school, whether public or nonpublic, must permit the
| 11 | | self-administration of
medication by a pupil with asthma or the | 12 | | use 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:
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| 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.
| 7 | | The information provided shall be kept on file in the office of | 8 | | the school
nurse or,
in the absence of a school nurse, the | 9 | | school's administrator.
| 10 | | (b-5) A school district or nonpublic school may authorize | 11 | | the provision of an epinephrine auto-injector to a student or | 12 | | any personnel authorized under a student's Individual Health | 13 | | Care Action Plan, Illinois Food Allergy Emergency Action Plan | 14 | | and Treatment Authorization Form, or plan pursuant to Section | 15 | | 504 of the federal Rehabilitation Act of 1973 to administer an | 16 | | epinephrine auto-injector to the student, that meets the | 17 | | prescription on file. | 18 | | (b-10) The school district or nonpublic school may | 19 | | authorize a school nurse do the following: (i) provide an | 20 | | epinephrine auto-injector to a student or any personnel | 21 | | authorized under a student's Individual Health Care Action | 22 | | Plan, Illinois Food Allergy Emergency Action Plan and Treatment | 23 | | Authorization Form, or plan pursuant to Section 504 of the | 24 | | federal Rehabilitation Act of 1973 to administer an epinephrine | 25 | | auto-injector to the student, that meets the prescription on | 26 | | file; (ii) administer an epinephrine auto-injector that meets |
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| 1 | | the prescription on file to any student who has an Individual | 2 | | Health Care Action Plan, Illinois Food Allergy Emergency Action | 3 | | Plan and Treatment Authorization Form, or plan pursuant to | 4 | | Section 504 of the federal Rehabilitation Act of 1973 that | 5 | | authorizes the use of an Epinephrine auto-injector; and (iii) | 6 | | administer an epinephrine auto-injector to any student that the | 7 | | school nurse in good faith professionally believes is having an | 8 | | anaphylactic reaction. | 9 | | (c) The school district or nonpublic school must inform the | 10 | | parents or
guardians of the
pupil, in writing, that the school | 11 | | district or nonpublic school and its
employees and
agents , | 12 | | including a physician providing standing protocol or | 13 | | prescription for school epinephrine auto-injectors,
are to | 14 | | incur no liability, except for willful and wanton conduct, as a | 15 | | result
of any injury arising from the
self-administration of | 16 | | medication or use of an epinephrine auto-injector by the pupil | 17 | | regardless of whether authorization was given by the pupil's | 18 | | parents or guardians or by the pupil's physician, physician's | 19 | | assistant, or advanced practice registered nurse. The parents | 20 | | or guardians
of the pupil must sign a statement acknowledging | 21 | | that the school district
or nonpublic school and its employees | 22 | | and agents are is to incur no liability, except for willful and | 23 | | wanton
conduct, as a result of any injury arising
from the
| 24 | | self-administration of medication or use of an epinephrine | 25 | | auto-injector by the pupil regardless of whether authorization | 26 | | was given by the pupil's parents or guardians or by the pupil's |
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| 1 | | physician, physician's assistant, or advanced practice | 2 | | registered nurse and that the parents or
guardians must | 3 | | indemnify and hold harmless the school district or nonpublic
| 4 | | school and
its
employees and agents against any claims, except | 5 | | a claim based on willful and
wanton conduct, arising out of the
| 6 | | self-administration of medication or use of an epinephrine | 7 | | auto-injector by the pupil regardless of whether authorization | 8 | | was given by the pupil's parents or guardians or by the pupil's | 9 | | physician, physician's assistant, or advanced practice | 10 | | registered nurse. When a school nurse administers an | 11 | | epinephrine auto-injector to a student whom the school nurse in | 12 | | good faith professionally believes is having an anaphylactic | 13 | | reaction, notwithstanding the lack of notice to the parents or | 14 | | guardians of the pupil or the absence of the parents or | 15 | | guardians signed statement acknowledging no liability, except | 16 | | for willful and wanton conduct, the school district or | 17 | | nonpublic school and its employees and agents, including a | 18 | | physician providing standing protocol or prescription for | 19 | | school epinephrine auto-injectors, are to incur no liability, | 20 | | except for willful and wanton conduct, as a result of any | 21 | | injury arising from the use of an epinephrine auto-injector | 22 | | regardless of whether authorization was given by the pupil's | 23 | | parents or guardians or by the pupil's physician, physician's | 24 | | assistant, or advanced practice registered nurse.
| 25 | | (d) The permission for self-administration of medication | 26 | | or use of an epinephrine auto-injector is effective
for the |
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| 1 | | school year for which it is granted and shall be renewed each
| 2 | | subsequent school year upon fulfillment of the requirements of | 3 | | this
Section.
| 4 | | (e) Provided that the requirements of this Section are | 5 | | fulfilled, a
pupil with asthma may possess and use his or her | 6 | | medication or a pupil may possess and use an epinephrine | 7 | | auto-injector (i) while in
school, (ii) while at a | 8 | | school-sponsored activity, (iii) while under the
supervision | 9 | | of
school personnel, or (iv) before or after normal school | 10 | | activities, such
as while in before-school or after-school care | 11 | | on school-operated
property.
| 12 | | (f) The school district or nonpublic school may maintain at | 13 | | a school in a locked, secure location a supply of epinephrine | 14 | | auto-injectors. A physician may prescribe epinephrine | 15 | | auto-injectors in the name of the school district or nonpublic | 16 | | school to be maintained for use when necessary. The school | 17 | | district or nonpublic school supply of epinephrine | 18 | | auto-injectors may be provided to and utilized by any student | 19 | | authorized to self-administer that meets the prescription on | 20 | | file or by any personnel authorized under a student's | 21 | | Individual Health Care Action Plan, Illinois Food Allergy | 22 | | Emergency Action Plan and Treatment Authorization Form, or plan | 23 | | pursuant to Section 504 of the federal Rehabilitation Act of | 24 | | 1973 to administer an epinephrine auto-injector to the student, | 25 | | that meets the prescription on file. When a student does not | 26 | | have an epinephrine auto-injector or a prescription for an |
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| 1 | | epinephrine auto-injector on file, the school nurse may utilize | 2 | | the school district or nonpublic school supply of epinephrine | 3 | | auto-injectors to respond to anaphylactic reaction, under a | 4 | | standing protocol from a physician licensed to practice | 5 | | medicine in all its branches and the requirements of this | 6 | | Section. | 7 | | (Source: P.A. 96-1460, eff. 8-20-10.)
| 8 | | Section 10. The Illinois Food, Drug and Cosmetic Act is | 9 | | amended 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 | 12 | | Substances
Act, the Pharmacy Practice Act, the Dental Practice | 13 | | Act, the Medical
Practice Act of 1987, the Veterinary Medicine | 14 | | and Surgery Practice Act of
2004, or the Podiatric Medical | 15 | | Practice Act of 1987, or Section 22-30 of the School Code, to | 16 | | sell 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 | 19 | | becoming law.".
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