State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_SB0979sam001

 










                                           LRB9208045NTsbam02

 1                    AMENDMENT TO SENATE BILL 979

 2        AMENDMENT NO.     .  Amend Senate Bill 979  by  replacing
 3    everything after the enacting clause with the following:

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

 6        (105 ILCS 5/22-30 new)
 7        Sec. 22-30.  Self-administration of asthma medication.
 8        (a)  In this Section:
 9        "Medication"  means  a  medicine,  prescribed  by  (i)  a
10    physician  licensed to practice medicine in all its branches,
11    (ii)  a  physician  assistant  who  has  been  delegated  the
12    authority to prescribe  asthma  medications  by  his  or  her
13    supervising   physician,   or   (iii)  an  advanced  practice
14    registered nurse who has a  written  collaborative  agreement
15    with  a  collaborating physician that delegates the authority
16    to prescribe asthma medications, for a pupil that pertains to
17    the pupil's asthma and that has  an  individual  prescription
18    label.
19        "Self-administration"  means  a pupil's discretionary use
20    of his or her prescribed asthma medication.
21        (b)  A school, whether public or nonpublic,  must  permit
22    the self-administration of medication by a pupil with asthma,
 
                            -2-            LRB9208045NTsbam02
 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 as a result of any injury
21    arising from the self-administration  of  medication  by  the
22    pupil.   The  parents  or  guardians of the pupil must sign a
23    statement acknowledging that the school district or nonpublic
24    school is to incur no liability as a  result  of  any  injury
25    arising  from  the  self-administration  of medication by the
26    pupil and that the parents or guardians  must  indemnify  and
27    hold harmless the school district or nonpublic school and its
28    employees  and  agents  against any claims arising out of the
29    self-administration of medication by the pupil.
30        (d)  The permission for self-administration of medication
31    is effective for the school year for which it is granted  and
32    shall be renewed each subsequent school year upon fulfillment
33    of the requirements of this Section.
34        (e)  Provided  that  the requirements of this Section are
 
                            -3-            LRB9208045NTsbam02
 1    fulfilled, a pupil with asthma may possess and use his or her
 2    medication  (i)  while   in   school,   (ii)   while   at   a
 3    school-sponsored  activity, (iii) while under the supervision
 4    of school personnel, or (iv) before or  after  normal  school
 5    activities,  such  as  while in before-school or after-school
 6    care on school-operated property.

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.".

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