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92_HB0898eng HB0898 Engrossed 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 HB0898 Engrossed -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 (i) a 17 physician licensed to practice medicine in all its branches, 18 (ii) a physician assistant who has been delegated the 19 authority to prescribe asthma medications by his or her 20 supervising physician, or (iii) an advanced practice 21 registered nurse who has a written collaborative agreement 22 with a collaborating physician that delegates the authority 23 to prescribe asthma medications, for a pupil that pertains to 24 the pupil's asthma and that has an individual prescription 25 label. 26 "Self-administration" means a pupil's discretionary use 27 of his or her prescribed asthma medication. 28 (b) A school or school board must permit the 29 self-administration of medication by a pupil with asthma, HB0898 Engrossed -3- LRB9204294NTsb 1 provided that: 2 (1) the parents or guardians of the pupil provide 3 to the school or school board written authorization for 4 the self-administration of medication; and 5 (2) the parents or guardians of the pupil provide 6 to the school or school board a written statement from 7 the pupil's physician, physician assistant, or advanced 8 practice registered nurse containing the following 9 information: 10 (A) the name and purpose of the medication; 11 (B) the prescribed dosage; and 12 (C) the time or times at which or the special 13 circumstances under which the medication is to be 14 administered. 15 The information provided shall be kept on file in the office 16 of the school nurse or, in the absence of a school nurse, the 17 school's administrator. 18 (c) The school or school board must inform the parents 19 or guardians of the pupil, in writing, that the school or 20 schools district and its employees and agents are to incur no 21 liability, except for willful and wanton conduct, as a result 22 of any injury arising from the self-administration of 23 medication by the pupil. The parents or guardians of the 24 pupil must sign a statement acknowledging that the school 25 district is to incur no liability, except for willful and 26 wanton conduct, as a result of any injury arising from the 27 self-administration of medication by the pupil and that the 28 parents or guardians must indemnify and hold harmless the 29 district and its employees and agents against any claims, 30 except a claim based on willful and wanton conduct, arising 31 out of the self-administration of medication by the pupil. 32 (d) The permission for self-administration of medication 33 is effective for the school year for which it is granted and 34 shall be renewed each subsequent school year upon fulfillment HB0898 Engrossed -4- LRB9204294NTsb 1 of the requirements of this Section. 2 (e) Provided that the requirements of this Section are 3 fulfilled, a pupil with asthma may possess and use his or her 4 medication (i) while in school, (ii) while at a 5 school-sponsored activity, (iii) while under the supervision 6 of school personnel, or (iv) before or after normal school 7 activities, such as while in before-school or after-school 8 care on school-operated property. 9 (105 ILCS 5/34-18.22 new) 10 Sec. 34-18.22. Self-administration of asthma medication. 11 (a) In this Section: 12 "Medication" means a medicine, prescribed by (i) a 13 physician licensed to practice medicine in all its branches, 14 (ii) a physician assistant who has been delegated the 15 authority to prescribe asthma medications by his or her 16 supervising physician, or (iii) an advanced practice 17 registered nurse who has a written collaborative agreement 18 with a collaborating physician that delegates the authority 19 to prescribe asthma medications, for a pupil that pertains to 20 the pupil's asthma and that has an individual prescription 21 label. 22 "Self-administration" means a pupil's discretionary use 23 of his or her prescribed asthma medication. 24 (b) The school or school board must permit the 25 self-administration of medication by a pupil with asthma, 26 provided that: 27 (1) the parents or guardians of the pupil provide 28 to the school or board written authorization for the 29 self-administration of medication; and 30 (2) the parents or guardians of the pupil provide 31 to the school or school board a written statement from 32 the pupil's physician, physician assistant, or advanced 33 practice registered nurse containing the following HB0898 Engrossed -5- LRB9204294NTsb 1 information: 2 (A) the name and purpose of the medication; 3 (B) the prescribed dosage; and 4 (C) the time or times at which or the special 5 circumstances under which the medication is to be 6 administered. 7 The information provided shall be kept on file in the office 8 of the school nurse or, in the absence of a school nurse, the 9 school's administrator. 10 (c) The school or school board must inform the parents 11 or guardians of the pupil, in writing, that the school 12 district and its employees and agents are to incur no 13 liability, except for willful and wanton conduct, as a result 14 of any injury arising from the self-administration of 15 medication by the pupil. The parents or guardians of the 16 pupil must sign a statement acknowledging that the school 17 district is to incur no liability, except for willful and 18 wanton conduct, as a result of any injury arising from the 19 self-administration of medication by the pupil and that the 20 parents or guardians must indemnify and hold harmless the 21 district and its employees and agents against any claims, 22 except a claim based on willful and wanton conduct, arising 23 out of the self-administration of medication by the pupil. 24 (d) The permission for self-administration of medication 25 is effective for the school year for which it is granted and 26 shall be renewed each subsequent school year upon fulfillment 27 of the requirements of this Section. 28 (e) Provided that the requirements of this Section are 29 fulfilled, a pupil with asthma may possess and use his or her 30 medication (i) while in school, (ii) while at a 31 school-sponsored activity, (iii) while under the supervision 32 of school personnel, or (iv) before or after normal school 33 activities, such as while in before-school and after-school 34 care on school-operated property. HB0898 Engrossed -6- LRB9204294NTsb 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.