Full Text of HB4146 103rd General Assembly
HB4146 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4146 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/10-22.21b | from Ch. 122, par. 10-22.21b | 105 ILCS 5/34-18.61 | |
| Amends the School Code. Provides that a school district must allow a student to self-administer any over-the-counter lactose intolerant relief medication without requiring written permission from the student's parent or guardian or written authorization from the student's physician, physician's assistant, or advanced practice registered nurse. |
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| | A BILL FOR |
| | | | HB4146 | | LRB103 34066 RJT 63883 b |
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| 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 Sections | 5 | | 10-22.21b and 34-18.61 as follows: | 6 | | (105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b) | 7 | | Sec. 10-22.21b. Administering medication. | 8 | | (a) In this Section, "asthma action plan" has the meaning | 9 | | given to that term under Section 22-30. | 10 | | (b) To provide for the administration of medication to | 11 | | students. It shall be the policy of the State of Illinois that | 12 | | the administration of medication to students during regular | 13 | | school hours and during school-related activities should be | 14 | | discouraged unless absolutely necessary for the critical | 15 | | health and well-being of the student. Under no circumstances | 16 | | shall teachers or other non-administrative school employees, | 17 | | except certified school nurses and non-certificated registered | 18 | | professional nurses, be required to administer medication to | 19 | | students. This Section shall not prohibit a school district | 20 | | from adopting guidelines for self-administration of medication | 21 | | by students that are consistent with this Section and this | 22 | | Code. This Section shall not prohibit any school employee from | 23 | | providing emergency assistance to students. |
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| 1 | | (c) Notwithstanding any other provision of law, a school | 2 | | district must allow any student with an asthma action plan, an | 3 | | Individual Health Care Action Plan, an allergy emergency | 4 | | action plan, a plan pursuant to Section 504 of the federal | 5 | | Rehabilitation Act of 1973, or a plan pursuant to the federal | 6 | | Individuals with Disabilities Education Act to self-administer | 7 | | any medication required under those plans if the student's | 8 | | parent or guardian provides the school district with (i) | 9 | | written permission for the student's self-administration of | 10 | | medication and (ii) written authorization from the student's | 11 | | physician, physician assistant, or advanced practice | 12 | | registered nurse for the student to self-administer the | 13 | | medication. A parent or guardian must also provide to the | 14 | | school district the prescription label for the medication, | 15 | | which must contain the name of the medication, the prescribed | 16 | | dosage, and the time or times at which or the circumstances | 17 | | under which the medication is to be administered. Information | 18 | | received by a school district under this subsection shall be | 19 | | kept on file in the office of the school nurse or, in the | 20 | | absence of a school nurse, the school's administrator. | 21 | | Notwithstanding any other provision of law, a school | 22 | | district must allow a student to self-administer any | 23 | | over-the-counter lactose intolerant relief medication without | 24 | | requiring written permission from the student's parent or | 25 | | guardian or written authorization from the student's | 26 | | physician, physician's assistant, or advanced practice |
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| 1 | | registered nurse. | 2 | | (d) Each school district must adopt an emergency action | 3 | | plan for a student who self-administers medication under | 4 | | subsection (c). The plan must include both of the following: | 5 | | (1) A plan of action in the event a student is unable | 6 | | to self-administer medication. | 7 | | (2) The situations in which a school must call 9-1-1. | 8 | | (e) A school district and its employees and agents shall | 9 | | incur no liability, except for willful and wanton conduct, as | 10 | | a result of any injury arising from the self-administration of | 11 | | medication by a student under subsection (c). The student's | 12 | | parent or guardian must sign a statement to this effect, which | 13 | | must acknowledge that the parent or guardian must indemnify | 14 | | and hold harmless the school district and its employees and | 15 | | agents against any claims, except a claim based on willful and | 16 | | wanton conduct, arising out of the self-administration of | 17 | | medication by a student. | 18 | | (Source: P.A. 103-175, eff. 6-30-23.) | 19 | | (105 ILCS 5/34-18.61) | 20 | | Sec. 34-18.61. Self-administration of medication. | 21 | | (a) In this Section, "asthma action plan" has the meaning | 22 | | given to that term under Section 22-30. | 23 | | (b) Notwithstanding any other provision of law, the school | 24 | | district must allow any student with an asthma action plan, an | 25 | | Individual Health Care Action Plan, an allergy emergency |
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| 1 | | action plan, a plan pursuant to Section 504 of the federal | 2 | | Rehabilitation Act of 1973, or a plan pursuant to the federal | 3 | | Individuals with Disabilities Education Act to self-administer | 4 | | any medication required under those plans if the student's | 5 | | parent or guardian provides the school district with (i) | 6 | | written permission for the student's self-administration of | 7 | | medication and (ii) written authorization from the student's | 8 | | physician, physician assistant, or advanced practice | 9 | | registered nurse for the student to self-administer the | 10 | | medication. A parent or guardian must also provide to the | 11 | | school district the prescription label for the medication, | 12 | | which must contain the name of the medication, the prescribed | 13 | | dosage, and the time or times at which or the circumstances | 14 | | under which the medication is to be administered. Information | 15 | | received by the school district under this subsection shall be | 16 | | kept on file in the office of the school nurse or, in the | 17 | | absence of a school nurse, the school's administrator. | 18 | | Notwithstanding any other provision of law, the school | 19 | | district must allow a student to self-administer any | 20 | | over-the-counter lactose intolerant relief medication without | 21 | | requiring written permission from the student's parent or | 22 | | guardian or written authorization from the student's | 23 | | physician, physician's assistant, or advanced practice | 24 | | registered nurse. | 25 | | (c) The school district must adopt an emergency action | 26 | | plan for a student who self-administers medication under |
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| 1 | | subsection (b). The plan must include both of the following: | 2 | | (1) A plan of action in the event a student is unable | 3 | | to self-administer medication. | 4 | | (2) The situations in which a school must call 9-1-1. | 5 | | (d) The school district and its employees and agents shall | 6 | | incur no liability, except for willful and wanton conduct, as | 7 | | a result of any injury arising from the self-administration of | 8 | | medication by a student under subsection (b). The student's | 9 | | parent or guardian must sign a statement to this effect, which | 10 | | must acknowledge that the parent or guardian must indemnify | 11 | | and hold harmless the school district and its employees and | 12 | | agents against any claims, except a claim based on willful and | 13 | | wanton conduct, arising out of the self-administration of | 14 | | medication by a student. | 15 | | (Source: P.A. 102-558, eff. 8-20-21; 103-175, eff. 6-30-23.) |
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