State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ House Amendment 001 ][ House Amendment 002 ]


92_HB0898

 
                                               LRB9204294NTsb

 1        AN ACT concerning schools.

 2        WHEREAS, an estimated 5.3 million American children  have
 3    asthma; and

 4        WHEREAS,  Asthma  is  the leading serious chronic illness
 5    among children and annually incurs a cost of $ 3.2 billion in
 6    treating this young population; and

 7        WHEREAS, Asthma accounts for 10 million lost school  days
 8    each  year  in  the United States and is the leading cause of
 9    school absenteeism attributed to chronic conditions; and

10        WHEREAS,   Asthma   is   the   third-ranking   cause   of
11    hospitalization among children under the age of 15 years  and
12    accounts  for almost one in 6 of all pediatric emergency room
13    visits; and

14        WHEREAS, There are more than 5,400 deaths from asthma  in
15    this country each year; and

16        WHEREAS,   Known   asthma   triggers   range  from  viral
17    infections to allergies to irritating gases and particles  in
18    the air; and

19        WHEREAS,  An  estimated 200,000 U.S. children with asthma
20    have their condition  worsened  by  exposure  to  second-hand
21    smoke; and

22        WHEREAS,  Resulting  asthma  attacks  in  children can be
23    severe; the child may become breathless and  have  difficulty
24    talking; and

25        WHEREAS,   Children  with  asthma  are  taught  by  their
 
                            -2-                LRB9204294NTsb
 1    physician or other State-licensed  health  care  provider  to
 2    take  medication  to  prevent an attack or to help them if an
 3    attack occurs; and

 4        WHEREAS,  A  child's  asthma  can  be  managed  by   both
 5    treatment and medication; and

 6        WHEREAS,  Elementary  and  secondary school students with
 7    asthma  should  have  unobstructed  access  to  their  asthma
 8    medication; therefore

 9        Be it enacted by the People of  the  State  of  Illinois,
10    represented in the General Assembly:

11        Section 5.  The School Code is amended by adding Sections
12    10-20.35 and 34-18.22 as follows:

13        (105 ILCS 5/10-20.35 new)
14        Sec. 10-20.35.  Self-administration of asthma medication.
15        (a)  In this Section:
16        "Medication"  means  a medicine prescribed by a physician
17    or other State-licensed heath care provider for a pupil  that
18    pertains  to  the  pupil's  asthma and that has an individual
19    prescription label.
20        "Self-administration" means a pupil's  discretionary  use
21    of  his or her medication pursuant to prescription or written
22    direction from a physician  or  other  State-licensed  health
23    care provider.
24        (b)  A  school  board must permit the self-administration
25    of medication by a pupil with asthma, provided that  (i)  the
26    parents  or  guardians  of the pupil provide to the school or
27    school    board     written     authorization     for     the
28    self-administration  of  medication  and  (ii) the parents or
29    guardians of the pupil provide to the  school  board  written
 
                            -3-                LRB9204294NTsb
 1    certification   from   the   pupil's   physician   or   other
 2    State-licensed health care provider that the pupil has asthma
 3    and  is  capable  of  self-administration  of medication.  In
 4    addition, the physician or health care provider  must  supply
 5    all of the following information to the school board:
 6             (1)  The name and purpose of the medication.
 7             (2)  The prescribed dosage.
 8             (3)  The  time  or  times  at  which  or the special
 9        circumstances  under  which  the  medication  is  to   be
10        administered.
11             (4)  The  length of time for which the medication is
12        prescribed.
13             (5)  The possible side effects of the medication.
14    This information shall be kept on file in the office  of  the
15    school  nurse  or,  in  the  absence  of  a school nurse, the
16    school's administrator.
17        (c)  The  school  board  must  inform  the   parents   or
18    guardians  of the pupil, in writing, that the school district
19    and its employees and agents are to incur no liability  as  a
20    result  of any injury arising from the self-administration of
21    medication by the pupil.  The parents  or  guardians  of  the
22    pupil  must  sign  a  statement acknowledging that the school
23    district is to incur no liability as a result of  any  injury
24    arising  from  the  self-administration  of medication by the
25    pupil and that the parents or guardians  must  indemnify  and
26    hold  harmless  the  district  and  its  employees and agents
27    against any claims arising out of the self-administration  of
28    medication by the pupil.
29        (d)  The permission for self-administration of medication
30    is  effective for the school year for which it is granted and
31    shall be renewed each subsequent school year upon fulfillment
32    of the requirements of this Section.
33        (e)  Provided that the requirements of this  Section  are
34    fulfilled, a pupil with asthma may possess and use his or her
 
                            -4-                LRB9204294NTsb
 1    medication   (i)   while   in   school,   (ii)   while  at  a
 2    school-sponsored activity, (iii) while under the  supervision
 3    of  school  personnel,  or (iv) before or after normal school
 4    activities, such as while in  before-school  or  after-school
 5    care on school-operated property.

 6        (105 ILCS 5/34-18.22 new)
 7        Sec. 34-18.22.  Self-administration of asthma medication.
 8        (a)  In this Section:
 9        "Medication"  means  a medicine prescribed by a physician
10    or other State-licensed heath care provider for a pupil  that
11    pertains  to  the  pupil's  asthma and that has an individual
12    prescription label.
13        "Self-administration" means a pupil's  discretionary  use
14    of  his or her medication pursuant to prescription or written
15    direction from a physician  or  other  State-licensed  health
16    care provider.
17        (b)  The  board  must  permit  the self-administration of
18    medication by a pupil with  asthma,  provided  that  (i)  the
19    parents  or  guardians  of the pupil provide to the school or
20    board written authorization for  the  self-administration  of
21    medication  and  (ii)  the  parents or guardians of the pupil
22    provide to the board written certification from  the  pupil's
23    physician  or  other State-licensed health care provider that
24    the pupil has asthma and is capable of self-administration of
25    medication.   In  addition,  the  physician  or  health  care
26    provider must supply all of the following information to  the
27    board:
28             (1)  The name and purpose of the medication.
29             (2)  The prescribed dosage.
30             (3)  The  time  or  times  at  which  or the special
31        circumstances  under  which  the  medication  is  to   be
32        administered.
33             (4)  The  length of time for which the medication is
 
                            -5-                LRB9204294NTsb
 1        prescribed.
 2             (5)  The possible side effects of the medication.
 3    This information shall be kept on file in the office  of  the
 4    school  nurse  or,  in  the  absence  of  a school nurse, the
 5    school's administrator.
 6        (c)  The board must inform the parents  or  guardians  of
 7    the  pupil,  in  writing,  that  the  school district and its
 8    employees and agents are to incur no liability as a result of
 9    any injury arising from the self-administration of medication
10    by the pupil.  The parents or guardians  of  the  pupil  must
11    sign a statement acknowledging that the school district is to
12    incur no liability as a result of any injury arising from the
13    self-administration  of  medication by the pupil and that the
14    parents or guardians must indemnify  and  hold  harmless  the
15    district  and  its  employees  and  agents against any claims
16    arising out of the self-administration of medication  by  the
17    pupil.
18        (d)  The permission for self-administration of medication
19    is  effective for the school year for which it is granted and
20    shall be renewed each subsequent school year upon fulfillment
21    of the requirements of this Section.
22        (e)  Provided that the requirements of this  Section  are
23    fulfilled, a pupil with asthma may possess and use his or her
24    medication   (i)   while   in   school,   (ii)   while  at  a
25    school-sponsored activity, (iii) while under the  supervision
26    of  school  personnel,  or (iv) before or after normal school
27    activities, such as while in before-school  and  after-school
28    care on school-operated property.

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.

[ Top ]