Rep. Linda Chapa LaVia

Filed: 3/26/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4056

2    AMENDMENT NO. ______. Amend House Bill 4056, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
610-22.23 and by adding Section 10-22.23b as follows:
 
7    (105 ILCS 5/10-22.23)  (from Ch. 122, par. 10-22.23)
8    Sec. 10-22.23. School Nurse. To employ a registered
9professional nurse and define the duties of the school nurse
10within the guidelines of rules and regulations promulgated by
11the State Board of Education. Any school nurse first employed
12on or after July 1, 1976, whose duties require teaching or the
13exercise of instructional judgment or educational evaluation
14of pupils, must be certificated under Section 21-25 of this
15Act. School districts may employ non-certificated registered
16professional nurses to perform professional nursing services.

 

 

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1In addition, non-certified registered professional nurses may
2be contracted for as provided in Section 10-22.23b of this
3Code.
4(Source: P.A. 90-548, eff. 1-1-98.)
 
5    (105 ILCS 5/10-22.23b new)
6    Sec. 10-22.23b. Nurse; contracting for medical review
7services.
8    (a) In this Section:
9    "Certified school nurse" means a nurse who is certified
10under Section 21-25 of this Code, holding a school service
11personnel certificate endorsed for school nursing.
12    "Medical review" means a review that is done as part of the
13special education evaluation process and includes the
14evaluation of whether a child has a disability and
15recommendations as to the nature and extent of the special
16education and related services that the child needs, as well as
17the interpretation of health histories and the assessment of
18medical needs, and as otherwise may be further defined by law.
19    "Reasonable efforts" means performing all of the
20following:
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
14efforts to employ a certified school nurse to conduct medical
15reviews, except as provided in subsection (d) of this Section.
16While making those reasonable efforts or after unsuccessful
17reasonable efforts have been made or both, a school district or
18cooperative may contract for medical review services with a
19registered professional nurse licensed under Article 60 of the
20Nurse Practice Act. Prior to any such contract being entered
21into, the school board must approve a resolution that certifies
22that reasonable efforts were performed and that there were no
23qualified applicants, or, for a temporary contract while
24reasonable efforts are being made, the resolution must certify
25that reasonable efforts are currently underway and that an
26immediate need exists to hire a registered professional nurse

 

 

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1licensed under Article 60 of the Nurse Practice Act. The school
2board must then submit the resolution to the State Board of
3Education for the State Board's review and approval. The school
4board must not finalize and approve the contract until the
5State Board of Education gives the school district the
6authority to enter into the contract.
7    (c) A registered professional nurse licensed under Article
860 of the Nurse Practice Act who provides medical review
9services pursuant to a contract under subsection (b) of this
10Section must have at least 5 years of experience working as a
11registered professional nurse and must become a certified
12school nurse no later than 3 years after beginning work with
13the school district or cooperative.
14    (d) In lieu of employing a certified school nurse under
15subsection (b) of this Section, medical reviews may be
16performed by an individual licensed to practice medicine in all
17of its branches or an advanced practice nurse licensed to
18practice under Article 65 of the Nurse Practice Act who has a
19written collaborative agreement with a collaborating physician
20that delegates the authority to provide a medical review.
21    (e) Nothing in this Section shall prohibit a school
22district from contracting with another school district to
23utilize the services of a certified school nurse or an advanced
24practice nurse licensed to practice under Article 65 of the
25Nurse Practice Act who has a written collaborative agreement
26with a collaborating physician that delegates the authority to

 

 

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1provide a medical review.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".