Full Text of SB1250 101st General Assembly
SB1250enr 101ST GENERAL ASSEMBLY |
| | SB1250 Enrolled | | LRB101 08388 AXK 53458 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 | | 10-22.21b and by adding Section 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.
|
| | | SB1250 Enrolled | - 2 - | LRB101 08388 AXK 53458 b |
|
| 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 Illinois Food Allergy | 4 | | Emergency Action Plan and Treatment Authorization Form, a plan | 5 | | pursuant to Section 504 of the federal Rehabilitation Act of | 6 | | 1973, or a plan pursuant to the federal Individuals with | 7 | | Disabilities Education Act to self-administer any medication | 8 | | required under those plans if the student's parent or guardian | 9 | | provides the school district with (i) written permission for | 10 | | the student's self-administration of medication and (ii) | 11 | | written authorization from the student's physician, physician | 12 | | assistant, or advanced practice registered nurse for the | 13 | | student to self-administer the medication. A parent or guardian | 14 | | must also provide to the school district the prescription label | 15 | | for the medication, which must contain the name of the | 16 | | medication, the prescribed dosage, and the time or times at | 17 | | which or the circumstances under which the medication is to be | 18 | | administered. Information received by a school district under | 19 | | this subsection shall be kept on file in the office of the | 20 | | school nurse or, in the absence of a school nurse, the school's | 21 | | administrator. | 22 | | (d) Each school district must adopt an emergency action | 23 | | plan for a student who self-administers medication under | 24 | | subsection (c). The plan must include both of the following: | 25 | | (1) A plan of action in the event a student is unable | 26 | | to self-administer medication. |
| | | SB1250 Enrolled | - 3 - | LRB101 08388 AXK 53458 b |
|
| 1 | | (2) The situations in which a school must call 9-1-1. | 2 | | (e) A school district and its employees and agents shall | 3 | | incur no liability, except for willful and wanton conduct, as a | 4 | | result of any injury arising from the self-administration of | 5 | | medication by a student under subsection (c). The student's | 6 | | parent or guardian must sign a statement to this effect, which | 7 | | must acknowledge that the parent or guardian must indemnify and | 8 | | hold harmless the school district and its employees and agents | 9 | | against any claims, except a claim based on willful and wanton | 10 | | conduct, arising out of the self-administration of medication | 11 | | by a student. | 12 | | (Source: P.A. 91-719, eff. 6-2-00.)
| 13 | | (105 ILCS 5/34-18.61 new) | 14 | | Sec. 34-18.61. Self-administrating medication. | 15 | | (a) In this Section, "asthma action plan" has the meaning | 16 | | given to that term under Section 22-30. | 17 | | (b) Notwithstanding any other provision of law, the school | 18 | | district must allow any student with an asthma action plan, an | 19 | | Individual Health Care Action Plan, an Illinois Food Allergy | 20 | | Emergency Action Plan and Treatment Authorization Form, a plan | 21 | | pursuant to Section 504 of the federal Rehabilitation Act of | 22 | | 1973, or a plan pursuant to the federal Individuals with | 23 | | Disabilities Education Act to self-administer any medication | 24 | | required under those plans if the student's parent or guardian | 25 | | provides the school district with (i) written permission for |
| | | SB1250 Enrolled | - 4 - | LRB101 08388 AXK 53458 b |
|
| 1 | | the student's self-administration of medication and (ii) | 2 | | written authorization from the student's physician, physician | 3 | | assistant, or advanced practice registered nurse for the | 4 | | student to self-administer the medication. A parent or guardian | 5 | | must also provide to the school district the prescription label | 6 | | for the medication, which must contain the name of the | 7 | | medication, the prescribed dosage, and the time or times at | 8 | | which or the circumstances under which the medication is to be | 9 | | administered. Information received by the school district | 10 | | under this subsection shall be kept on file in the office of | 11 | | the school nurse or, in the absence of a school nurse, the | 12 | | school's administrator. | 13 | | (c) The school district must adopt an emergency action plan | 14 | | for a student who self-administers medication under subsection | 15 | | (b). The plan must include both of the following: | 16 | | (1) A plan of action in the event a student is unable | 17 | | to self-administer medication. | 18 | | (2) The situations in which a school must call 9-1-1. | 19 | | (d) The school district and its employees and agents shall | 20 | | incur no liability, except for willful and wanton conduct, as a | 21 | | result of any injury arising from the self-administration of | 22 | | medication by a student under subsection (b). The student's | 23 | | parent or guardian must sign a statement to this effect, which | 24 | | must acknowledge that the parent or guardian must indemnify and | 25 | | hold harmless the school district and its employees and agents | 26 | | against any claims, except a claim based on willful and wanton |
| | | SB1250 Enrolled | - 5 - | LRB101 08388 AXK 53458 b |
|
| 1 | | conduct, arising out of the self-administration of medication | 2 | | by a student. |
|