96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3472

 

Introduced 2/10/2010, by Sen. Heather Steans

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-30

    Amends the School Code. Changes the conditions under which a pupil may self-administer his or her medication or epinephrine auto-injector. Provides that accommodations as provided in specified provisions shall be included in a pupil's Individualized Education Plan or Section 504 Plan under the federal Rehabilitation Act of 1973, whichever applies. Effective immediately.


LRB096 17665 NHT 33025 b

 

 

A BILL FOR

 

SB3472 LRB096 17665 NHT 33025 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 22-30 as follows:
 
6     (105 ILCS 5/22-30)
7     Sec. 22-30. Self-administration of medication.
8     (a) In this Section:
9     "Epinephrine auto-injector" means a medical device for
10 immediate self-administration by a person at risk of
11 anaphylaxis.
12     "Medication" means a medicine, prescribed by (i) a
13 physician licensed to practice medicine in all its branches,
14 (ii) a physician assistant who has been delegated the authority
15 to prescribe asthma medications by his or her supervising
16 physician, or (iii) an advanced practice registered nurse who
17 has a written collaborative agreement with a collaborating
18 physician that delegates the authority to prescribe asthma
19 medications, for a pupil that pertains to the pupil's asthma
20 and that has an individual prescription label.
21     "Self-administration" means a pupil's discretionary use of
22 his or her prescribed asthma medication.
23     (b) A school, whether public or nonpublic, must permit the

 

 

SB3472 - 2 - LRB096 17665 NHT 33025 b

1 self-administration of medication by a pupil with asthma or the
2 use of an epinephrine auto-injector by a pupil, provided that:
3         (1) the parents or guardians of the pupil provide to
4     the school written authorization for the
5     self-administration of medication or use of an epinephrine
6     auto-injector; and
7         (2) the parents or guardians of the pupil provide to
8     the school a written statement from the pupil's physician,
9     physician assistant, or advanced practice registered
10     nurse, a copy of the prescription for the medication, or
11     the prescription label included on the original packaging
12     for the prescribed medication, which must contain
13     containing the following information:
14             (A) the name and purpose of the medication or
15         epinephrine auto-injector;
16             (B) the prescribed dosage; and
17             (C) the time or times at which or the special
18         circumstances under which the medication or
19         epinephrine auto-injector is to be administered.
20 The information provided shall be kept on file in the office of
21 the school nurse or, in the absence of a school nurse, the
22 school's administrator.
23     (b-5) A school, whether public or nonpublic, must permit
24 the use of an epinephrine auto-injector by a pupil, provided
25 that:
26         (1) the parents or guardians of the pupil provide to

 

 

SB3472 - 3 - LRB096 17665 NHT 33025 b

1     the school written authorization for the use of an
2     epinephrine auto-injector; and
3         (2) the parents or guardians of the pupil provide to
4     the school a written statement from the pupil's physician,
5     physician assistant, or advance practice registered nurse
6     containing the following information:
7             (A) the name and purpose of the epinephrine
8         auto-injector;
9             (B) the prescribed dosage; and
10             (C) the time or times at which or the special
11         circumstances under which the epinephrine
12         auto-injector is to be administered.
13     (b-10) In the event that the pupil's physician, physician
14 assistant, or advanced practice registered nurse determines it
15 is inappropriate for the pupil to self-administer his or her
16 medication or epinephrine auto-injector, those instructions
17 shall be included in the prescribing information required by
18 item (2) of subsection (b) and item (2) of subsection (c) of
19 this Section.
20     (b-15) The information provided under subsections (b),
21 (b-5), and (b-10) of this Section shall be kept on file in the
22 office of the school nurse or, in the absence of a school
23 nurse, the school's administrator. Accommodations as provided
24 in this Section shall be included in a pupil's Individualized
25 Education Plan or Section 504 Plan under the federal
26 Rehabilitation Act of 1973, whichever applies.

 

 

SB3472 - 4 - LRB096 17665 NHT 33025 b

1     (c) The school district or nonpublic school must inform the
2 parents or guardians of the pupil, in writing, that the school
3 district or nonpublic school and its employees and agents are
4 to incur no liability, except for willful and wanton conduct,
5 as a result of any injury arising from the self-administration
6 of medication or use of an epinephrine auto-injector by the
7 pupil. The parents or guardians of the pupil must sign a
8 statement acknowledging that the school district or nonpublic
9 school is to incur no liability, except for willful and wanton
10 conduct, as a result of any injury arising from the
11 self-administration of medication or use of an epinephrine
12 auto-injector by the pupil and that the parents or guardians
13 must indemnify and hold harmless the school district or
14 nonpublic school and its employees and agents against any
15 claims, except a claim based on willful and wanton conduct,
16 arising out of the self-administration of medication or use of
17 an epinephrine auto-injector by the pupil.
18     (d) The permission for self-administration of medication
19 or use of an epinephrine auto-injector is effective for the
20 school year for which it is granted and shall be renewed each
21 subsequent school year upon fulfillment of the requirements of
22 this Section.
23     (e) Provided that the requirements of this Section are
24 fulfilled, a pupil with asthma may possess and use his or her
25 medication or a pupil may possess and use an epinephrine
26 auto-injector (i) while in school, (ii) while at a

 

 

SB3472 - 5 - LRB096 17665 NHT 33025 b

1 school-sponsored activity, (iii) while under the supervision
2 of school personnel, or (iv) before or after normal school
3 activities, such as while in before-school or after-school care
4 on school-operated property.
5 (Source: P.A. 94-792, eff. 5-19-06.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.