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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
92_HB0898ham001
LRB9204294NTsbam03
1 AMENDMENT TO HOUSE BILL 898
2 AMENDMENT NO. . Amend House Bill 898 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The School Code is amended by adding
5 Sections 10-20.35 and 34-18.22 as follows:
6 (105 ILCS 5/10-20.35 new)
7 Sec. 10-20.35. Self-administration of asthma medication.
8 (a) In this Section:
9 "Medication" means a medicine, prescribed by (i) a
10 physician licensed to practice medicine in all its branches,
11 (ii) a physician assistant who has been delegated the
12 authority to prescribe asthma medications by his or her
13 supervising physician, or (iii) an advanced practice
14 registered nurse who has a written collaborative agreement
15 with a collaborating physician that delegates the authority
16 to prescribe asthma medications, for a pupil that pertains to
17 the pupil's asthma and that has an individual prescription
18 label.
19 "Self-administration" means a pupil's discretionary use
20 of his or her prescribed asthma medication.
21 (b) A school or school board must permit the
22 self-administration of medication by a pupil with asthma,
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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 as a result of any injury arising from the
22 self-administration of medication by the pupil. The parents
23 or guardians of the pupil must sign a statement acknowledging
24 that the school district is to incur no liability as a result
25 of any injury arising from the self-administration of
26 medication by the pupil and that the parents or guardians
27 must indemnify and hold harmless the district and its
28 employees and agents against any claims arising out of the
29 self-administration of medication by the pupil.
30 (d) The permission for self-administration of medication
31 is effective for the school year for which it is granted and
32 shall be renewed each subsequent school year upon fulfillment
33 of the requirements of this Section.
34 (e) Provided that the requirements of this Section are
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1 fulfilled, a pupil with asthma may possess and use his or her
2 medication (i) while in school, (ii) while at a
3 school-sponsored activity, (iii) while under the supervision
4 of school personnel, or (iv) before or after normal school
5 activities, such as while in before-school or after-school
6 care on school-operated property.
7 (105 ILCS 5/34-18.22 new)
8 Sec. 34-18.22. Self-administration of asthma medication.
9 (a) In this Section:
10 "Medication" means a medicine, prescribed by (i) a
11 physician licensed to practice medicine in all its branches,
12 (ii) a physician assistant who has been delegated the
13 authority to prescribe asthma medications by his or her
14 supervising physician, or (iii) an advanced practice
15 registered nurse who has a written collaborative agreement
16 with a collaborating physician that delegates the authority
17 to prescribe asthma medications, for a pupil that pertains to
18 the pupil's asthma and that has an individual prescription
19 label.
20 "Self-administration" means a pupil's discretionary use
21 of his or her prescribed asthma medication.
22 (b) The school or school board must permit the
23 self-administration of medication by a pupil with asthma,
24 provided that:
25 (1) the parents or guardians of the pupil provide
26 to the school or board written authorization for the
27 self-administration of medication; and
28 (2) the parents or guardians of the pupil provide
29 to the school or school board a written statement from
30 the pupil's physician, physician assistant, or advanced
31 practice registered nurse containing the following
32 information:
33 (A) the name and purpose of the medication;
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1 (B) the prescribed dosage; and
2 (C) the time or times at which or the special
3 circumstances under which the medication is to be
4 administered.
5 The information provided shall be kept on file in the office
6 of the school nurse or, in the absence of a school nurse, the
7 school's administrator.
8 (c) The school or school board must inform the parents
9 or guardians of the pupil, in writing, that the school
10 district and its employees and agents are to incur no
11 liability as a result of any injury arising from the
12 self-administration of medication by the pupil. The parents
13 or guardians of the pupil must sign a statement acknowledging
14 that the school district is to incur no liability as a result
15 of any injury arising from the self-administration of
16 medication by the pupil and that the parents or guardians
17 must indemnify and hold harmless the district and its
18 employees and agents against any claims arising out of the
19 self-administration of medication by the pupil.
20 (d) The permission for self-administration of medication
21 is effective for the school year for which it is granted and
22 shall be renewed each subsequent school year upon fulfillment
23 of the requirements of this Section.
24 (e) Provided that the requirements of this Section are
25 fulfilled, a pupil with asthma may possess and use his or her
26 medication (i) while in school, (ii) while at a
27 school-sponsored activity, (iii) while under the supervision
28 of school personnel, or (iv) before or after normal school
29 activities, such as while in before-school and after-school
30 care on school-operated property.
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.".