101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5588

 

Introduced , by Rep. Aaron M. Ortiz

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Individualized Student Emergency Health Care Act. Provides that the parent or guardian of a student with a seizure disorder who seeks seizure disorder care while at school shall inform the school nurse, who shall develop an individualized health care plan and an individualized emergency health care plan for the student, provided that the parent or guardian of the student annually provides to the school board written authorization for the provision of seizure disorder care as may be outlined in the individualized plans. Sets forth provisions concerning transport by a school bus driver, parent or guardian authorization, and liability. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5588LRB101 17265 CMG 66669 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Individualized Student Emergency Health Care Act.
 
6    Section 5. Definition. As used in this Act:
7    "Individualized emergency health care plan" means a
8document developed by a school nurse, in consultation with the
9parent or guardian of a student with a seizure disorder and
10other appropriate medical professionals, that is consistent
11with the recommendations of the student's health care
12providers, outlines a set of procedural guidelines that provide
13specific directions about what to do in a particular emergency
14situation, and is signed by the parent or guardian and the
15school nurse.
16    "Individualized health care plan" means a document
17developed by a school nurse, in consultation with the parent or
18guardian of a student with a seizure disorder and other
19appropriate medical professionals who may be providing seizure
20disorder care to the student, that is consistent with the
21recommendations of the student's health care providers, sets
22out the health services needed by the student at school, and is
23signed by the parent or guardian and the school nurse.

 

 

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1    "School" means a public elementary or secondary public
2school located within this State.
3    "School employee" means a person employed by a school
4district.
 
5    Section 10. Seizure disorder health care plans.
6    (a) The parent or guardian of a student with a seizure
7disorder who seeks seizure disorder care while at school shall
8inform the school nurse, who shall develop an individualized
9health care plan and an individualized emergency health care
10plan for the student, provided that the parent or guardian of
11the student annually provides to the school board written
12authorization for the provision of seizure disorder care as may
13be outlined in the individualized plans.
14    (b) The individualized health care plan and individualized
15emergency health care plan developed in accordance with
16subsection (a) shall be updated by the school nurse prior to
17the beginning of each school year and as necessary if there is
18a change in the health status of the student.
19    (c) Each individualized health care plan shall include and
20each individualized emergency health care plan may include the
21following information:
22        (1) written orders from the student's physician or
23    advanced practice registered nurse outlining the seizure
24    disorder care;
25        (2) the symptoms of the seizure disorder for that

 

 

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1    particular student and recommended care;
2        (3) full participation in exercise and sports and any
3    contraindications to exercise or accommodations that must
4    be made for that particular student;
5        (4) accommodations for school trips, after-school
6    activities, class parties, and other school-related
7    activities;
8        (5) education of all school personnel about seizure
9    disorders, how to recognize and provide care for seizure
10    disorders, and when to call for assistance;
11        (6) medical and treatment issues that may affect the
12    educational process of the student with the seizure
13    disorder;
14        (7) the student's ability to manage and the student's
15    level of understanding of the student's seizure disorder;
16    and
17        (8) how to maintain communication with the student, the
18    student's parent or guardian and health care team, the
19    school nurse, and the educational staff.
20    (d) The school nurse assigned to a particular school shall
21coordinate the provision of seizure disorder care at that
22school and ensure that all staff are trained in the care of
23students with seizure disorders, including staff working with
24school-sponsored programs outside of the regular school day, as
25provided in the individualized health care plan and the
26individualized emergency health care plan.

 

 

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1    The training required pursuant to this subsection shall
2include an online course of instruction provided by a nonprofit
3national foundation that supports the welfare of individuals
4with seizure disorders, such as the Epilepsy Foundation, and
5approved by the State Board of Education. A seizure training
6program approved by the State Board that is provided to a
7school district on portable media shall be provided by the
8nonprofit entity free of charge.
 
9    Section 15. Transport by school bus driver. If a school bus
10driver transports a student with a seizure disorder, a school
11district shall provide the driver with the following:
12        (1) a notice of the student's condition;
13        (2) information on how to provide care for the seizure
14    disorder;
15        (3) emergency contact information; and
16        (4) parent contact information.
 
17    Section 20. Parent or guardian authorization. The school
18nurse shall obtain a release from the parent or guardian of a
19student with a seizure disorder to authorize the sharing of
20medical information between the student's physician or
21advanced practice registered nurse and other health care
22providers. The release shall also authorize the school nurse to
23share medical information with other staff members of the
24school district as necessary.
 

 

 

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1    Section 25. Liability. No school employee, including a
2school nurse, a school bus driver, a school bus aide, or any
3other officer or agent of a school board, shall be held liable
4for any good faith act or omission consistent with the
5provisions of this Act, nor shall an action lie against a
6school nurse for any such action taken by a person trained in
7good faith by the school nurse pursuant to this Act. Good faith
8shall not include willful misconduct, gross negligence, or
9recklessness.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.