State of Illinois
92nd General Assembly

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[ Senate Amendment 001 ]


SB979 Enrolled                                 LRB9208045NTsb

 1        AN ACT concerning schools.

 2        WHEREAS, an estimated 5.3 million American children  have
 3    asthma; and

 4        WHEREAS,  Asthma  is  the leading serious chronic illness
 5    among children and annually incurs a cost of $3.2 billion  in
 6    treating this young population; and

 7        WHEREAS,  Asthma accounts for 10 million lost school days
 8    each year in the United States and is the  leading  cause  of
 9    school absenteeism attributed to chronic conditions; and

10        WHEREAS,   Asthma   is   the   third-ranking   cause   of
11    hospitalization  among children under the age of 15 years and
12    accounts for almost one in 6 of all pediatric emergency  room
13    visits; and

14        WHEREAS,  There are more than 5,400 deaths from asthma in
15    this country each year; and

16        WHEREAS,  Known  asthma   triggers   range   from   viral
17    infections  to allergies to irritating gases and particles in
18    the air; and

19        WHEREAS, An estimated 200,000 U.S. children  with  asthma
20    have  their  condition  worsened  by  exposure to second-hand
21    smoke; and

22        WHEREAS, Resulting asthma  attacks  in  children  can  be
23    severe;  the  child may become breathless and have difficulty
24    talking; and

25        WHEREAS,  Children  with  asthma  are  taught  by   their
SB979 Enrolled             -2-                 LRB9208045NTsb
 1    physician  or  other  State-licensed  health care provider to
 2    take medication to prevent an attack or to help  them  if  an
 3    attack occurs; and

 4        WHEREAS,   A  child's  asthma  can  be  managed  by  both
 5    treatment and medication; and

 6        WHEREAS, Elementary and secondary  school  students  with
 7    asthma  should  have  unobstructed  access  to  their  asthma
 8    medication; therefore

 9        Be  it  enacted  by  the People of the State of Illinois,
10    represented in the General Assembly:

11        Section 5.  The School Code is amended by adding  Section
12    22-30 as follows:

13        (105 ILCS 5/22-30 new)
14        Sec. 22-30.  Self-administration of asthma medication.
15        (a)  In this Section:
16        "Medication"  means  a  medicine,  prescribed  by  (i)  a
17    physician  licensed to practice medicine in all its branches,
18    (ii)  a  physician  assistant  who  has  been  delegated  the
19    authority to prescribe  asthma  medications  by  his  or  her
20    supervising   physician,   or   (iii)  an  advanced  practice
21    registered nurse who has a  written  collaborative  agreement
22    with  a  collaborating physician that delegates the authority
23    to prescribe asthma medications, for a pupil that pertains to
24    the pupil's asthma and that has  an  individual  prescription
25    label.
26        "Self-administration"  means  a pupil's discretionary use
27    of his or her prescribed asthma medication.
28        (b)  A school, whether public or nonpublic,  must  permit
29    the self-administration of medication by a pupil with asthma,
SB979 Enrolled             -3-                 LRB9208045NTsb
 1    provided that:
 2             (1)  the  parents  or guardians of the pupil provide
 3        to   the   school   written   authorization    for    the
 4        self-administration of medication; and
 5             (2)  the  parents  or guardians of the pupil provide
 6        to the  school  a  written  statement  from  the  pupil's
 7        physician,  physician  assistant,  or  advanced  practice
 8        registered nurse containing the following information:
 9                  (A)  the name and purpose of the medication;
10                  (B)  the prescribed dosage; and
11                  (C)  the  time or times at which or the special
12             circumstances under which the medication  is  to  be
13             administered.
14    The  information provided shall be kept on file in the office
15    of the school nurse or, in the absence of a school nurse, the
16    school's administrator.
17        (c)  The school district or nonpublic school must  inform
18    the  parents  or guardians of the pupil, in writing, that the
19    school district or nonpublic school  and  its  employees  and
20    agents  are  to  incur  no  liability, except for willful and
21    wanton conduct, as a result of any injury  arising  from  the
22    self-administration  of medication by the pupil.  The parents
23    or guardians of the pupil must sign a statement acknowledging
24    that the school district or nonpublic school is to  incur  no
25    liability, except for willful and wanton conduct, as a result
26    of   any  injury  arising  from  the  self-administration  of
27    medication by the pupil and that  the  parents  or  guardians
28    must  indemnify  and  hold  harmless  the  school district or
29    nonpublic school and its employees  and  agents  against  any
30    claims,  except  a claim based on willful and wanton conduct,
31    arising out of the self-administration of medication  by  the
32    pupil.
33        (d)  The permission for self-administration of medication
34    is  effective for the school year for which it is granted and
SB979 Enrolled             -4-                 LRB9208045NTsb
 1    shall be renewed each subsequent school year upon fulfillment
 2    of the requirements of this Section.
 3        (e)  Provided that the requirements of this  Section  are
 4    fulfilled, a pupil with asthma may possess and use his or her
 5    medication   (i)   while   in   school,   (ii)   while  at  a
 6    school-sponsored activity, (iii) while under the  supervision
 7    of  school  personnel,  or (iv) before or after normal school
 8    activities, such as while in  before-school  or  after-school
 9    care on school-operated property.

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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