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Rep. Linda Chapa LaVia
Filed: 3/26/2012
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1 | | AMENDMENT TO HOUSE BILL 4056
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2 | | AMENDMENT NO. ______. Amend House Bill 4056, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The School Code is amended by changing Section |
6 | | 10-22.23 and by adding Section 10-22.23b as follows:
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7 | | (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
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8 | | Sec. 10-22.23. School Nurse. To employ a registered |
9 | | professional
nurse and define the duties of the school nurse |
10 | | within the guidelines of
rules and regulations promulgated by |
11 | | the State Board of Education. Any
school nurse first employed |
12 | | on or after July 1, 1976, whose duties
require teaching or the |
13 | | exercise of instructional judgment or educational
evaluation |
14 | | of pupils, must be certificated under Section 21-25 of this |
15 | | Act.
School districts may employ non-certificated registered |
16 | | professional nurses
to perform professional nursing services. |
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1 | | In addition, non-certified registered professional nurses may |
2 | | be contracted for as provided in Section 10-22.23b of this |
3 | | Code.
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4 | | (Source: P.A. 90-548, eff. 1-1-98.)
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5 | | (105 ILCS 5/10-22.23b new) |
6 | | Sec. 10-22.23b. Nurse; contracting for medical review |
7 | | services. |
8 | | (a) In this Section: |
9 | | "Certified school nurse" means a nurse who is certified |
10 | | under Section 21-25 of this Code, holding a school service |
11 | | personnel certificate endorsed for school nursing. |
12 | | "Medical review" means a review that is done as part of the |
13 | | special education evaluation process and includes the |
14 | | evaluation of whether a child has a disability and |
15 | | recommendations as to the nature and extent of the special |
16 | | education and related services that the child needs, as well as |
17 | | the interpretation of health histories and the assessment of |
18 | | medical needs, and as otherwise may be further defined by law. |
19 | | "Reasonable efforts" means performing all of the |
20 | | following: |
21 | | (1) placing at least 3 employment advertisements for a |
22 | | certified school nurse for publication in the newspaper of |
23 | | widest distribution within the school district or |
24 | | cooperative; |
25 | | (2) placing one employment listing for a certified |
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1 | | school nurse in the placement bulletin of a college or |
2 | | university that has a certified school nurse curriculum and |
3 | | that is located in the geographic area of the school |
4 | | district or cooperative, if any; |
5 | | (3) providing the advertisement to the Department of |
6 | | Humans Services for placement on its employment list, if |
7 | | any, for at least 30 days; and |
8 | | (4) posting the position for certified school nurse on |
9 | | the Illinois Association of School Administrators' job |
10 | | placement service for at least 30 days and simultaneously |
11 | | providing the posting to the local union representative, if |
12 | | any, for distribution by the union. |
13 | | (b) A school district or a cooperative must make reasonable |
14 | | efforts to employ a certified school nurse to conduct medical |
15 | | reviews, except as provided in subsection (d) of this Section. |
16 | | While making those reasonable efforts or after unsuccessful |
17 | | reasonable efforts have been made or both, a school district or |
18 | | cooperative may contract for medical review services with a |
19 | | registered professional nurse licensed under Article 60 of the |
20 | | Nurse Practice Act. Prior to any such contract being entered |
21 | | into, the school board must approve a resolution that certifies |
22 | | that reasonable efforts were performed and that there were no |
23 | | qualified applicants, or, for a temporary contract while |
24 | | reasonable efforts are being made, the resolution must certify |
25 | | that reasonable efforts are currently underway and that an |
26 | | immediate need exists to hire a registered professional nurse |
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1 | | licensed under Article 60 of the Nurse Practice Act. The school |
2 | | board must then submit the resolution to the State Board of |
3 | | Education for the State Board's review and approval. The school |
4 | | board must not finalize and approve the contract until the |
5 | | State Board of Education gives the school district the |
6 | | authority to enter into the contract. |
7 | | (c) A registered professional nurse licensed under Article |
8 | | 60 of the Nurse Practice Act who provides medical review |
9 | | services pursuant to a contract under subsection (b) of this |
10 | | Section must have at least 5 years of experience working as a |
11 | | registered professional nurse and must become a certified |
12 | | school nurse no later than 3 years after beginning work with |
13 | | the school district or cooperative. |
14 | | (d) In lieu of employing a certified school nurse under |
15 | | subsection (b) of this Section, medical reviews may be |
16 | | performed by an individual licensed to practice medicine in all |
17 | | of its branches or an advanced practice nurse licensed to |
18 | | practice under Article 65 of the Nurse Practice Act who has a |
19 | | written collaborative agreement with a collaborating physician |
20 | | that delegates the authority to provide a medical review. |
21 | | (e) Nothing in this Section shall prohibit a school |
22 | | district from contracting with another school district to |
23 | | utilize the services of a certified school nurse or an advanced |
24 | | practice nurse licensed to practice under Article 65 of the |
25 | | Nurse Practice Act who has a written collaborative agreement |
26 | | with a collaborating physician that delegates the authority to |