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Public Act 094-0792
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| SB2898 Enrolled |
LRB094 17501 NHT 52797 b |
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AN ACT concerning schools.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
22-30 as follows:
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(105 ILCS 5/22-30)
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Sec. 22-30. Self-administration of asthma medication.
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(a) In this Section:
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"Epinephrine auto-injector" means a medical device for |
immediate self-administration by a person at risk of |
anaphylaxis.
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"Medication" means a medicine, prescribed by (i) a |
physician
licensed to practice medicine in all its branches,
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(ii) a physician assistant who has been delegated the authority |
to prescribe
asthma
medications by his or her supervising |
physician, or (iii) an advanced practice
registered nurse who |
has a written
collaborative agreement with a collaborating |
physician that delegates the
authority
to prescribe asthma |
medications,
for a pupil that pertains to the pupil's
asthma |
and that has an individual prescription label.
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"Self-administration" means a pupil's discretionary use of |
his or
her prescribed asthma medication.
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(b) A school, whether public or nonpublic, must permit the
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self-administration of
medication by a pupil with asthma or the |
use of an epinephrine auto-injector by a pupil, provided that:
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(1) the parents or
guardians of the pupil provide to |
the school written
authorization for the |
self-administration of medication or use of an epinephrine |
auto-injector; and
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(2) the
parents or guardians of the pupil provide to |
the school a
written
statement from the pupil's physician, |
physician assistant, or advanced practice
registered nurse |
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containing
the following information:
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(A) the name and purpose of the medication or |
epinephrine auto-injector;
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(B) the prescribed dosage; and
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(C) the time or times at which or the special |
circumstances
under which the medication or |
epinephrine auto-injector is to be administered.
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The information provided shall be kept on file in the office of |
the school
nurse or,
in the absence of a school nurse, the |
school's administrator.
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(c) The school district or nonpublic school must inform the |
parents or
guardians of the
pupil, in writing, that the school |
district or nonpublic school and its
employees and
agents
are |
to incur no liability, except for willful and wanton conduct, |
as a result
of any injury arising from the
self-administration |
of medication or use of an epinephrine auto-injector by the |
pupil. The parents or guardians
of the pupil must sign a |
statement acknowledging that the school district
or nonpublic |
school is to incur no liability, except for willful and wanton
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conduct, as a result of any injury arising
from the
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self-administration of medication or use of an epinephrine |
auto-injector by the pupil and that the parents or
guardians |
must indemnify and hold harmless the school district or |
nonpublic
school and
its
employees and agents against any |
claims, except a claim based on willful and
wanton conduct, |
arising out of the
self-administration of medication or use of |
an epinephrine auto-injector by the pupil.
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(d) The permission for self-administration of medication |
or use of an epinephrine auto-injector is effective
for the |
school year for which it is granted and shall be renewed each
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subsequent school year upon fulfillment of the requirements of |
this
Section.
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(e) Provided that the requirements of this Section are |
fulfilled, a
pupil with asthma may possess and use his or her |
medication or a pupil may possess and use an epinephrine |
auto-injector (i) while in
school, (ii) while at a |
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school-sponsored activity, (iii) while under the
supervision |
of
school personnel, or (iv) before or after normal school |
activities, such
as while in before-school or after-school care |
on school-operated
property.
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(Source: P.A. 92-402, eff. 8-16-01.)
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Section 90. The State Mandates Act is amended by adding |
Section 8.30 as
follows:
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(30 ILCS 805/8.30 new)
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Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 |
of this
Act, no reimbursement by the State is required for the |
implementation of
any mandate created by this amendatory Act of |
the 94th General Assembly.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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