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Public Act 92-0402
SB979 Enrolled LRB9208045NTsb
AN ACT concerning schools.
WHEREAS, an estimated 5.3 million American children have
asthma; and
WHEREAS, Asthma is the leading serious chronic illness
among children and annually incurs a cost of $3.2 billion in
treating this young population; and
WHEREAS, Asthma accounts for 10 million lost school days
each year in the United States and is the leading cause of
school absenteeism attributed to chronic conditions; and
WHEREAS, Asthma is the third-ranking cause of
hospitalization among children under the age of 15 years and
accounts for almost one in 6 of all pediatric emergency room
visits; and
WHEREAS, There are more than 5,400 deaths from asthma in
this country each year; and
WHEREAS, Known asthma triggers range from viral
infections to allergies to irritating gases and particles in
the air; and
WHEREAS, An estimated 200,000 U.S. children with asthma
have their condition worsened by exposure to second-hand
smoke; and
WHEREAS, Resulting asthma attacks in children can be
severe; the child may become breathless and have difficulty
talking; and
WHEREAS, Children with asthma are taught by their
physician or other State-licensed health care provider to
take medication to prevent an attack or to help them if an
attack occurs; and
WHEREAS, A child's asthma can be managed by both
treatment and medication; and
WHEREAS, Elementary and secondary school students with
asthma should have unobstructed access to their asthma
medication; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
22-30 as follows:
(105 ILCS 5/22-30 new)
Sec. 22-30. Self-administration of asthma medication.
(a) In this Section:
"Medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(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.
"Self-administration" means a pupil's discretionary use
of his or her prescribed asthma medication.
(b) A school, whether public or nonpublic, must permit
the self-administration of medication by a pupil with asthma,
provided that:
(1) the parents or guardians of the pupil provide
to the school written authorization for the
self-administration of medication; and
(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 containing the following information:
(A) the name and purpose of the medication;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the medication is to be
administered.
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.
(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 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 conduct, as a result
of any injury arising from the self-administration of
medication 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 by the
pupil.
(d) The permission for self-administration of medication
is effective for the school year for which it is granted and
shall be renewed each subsequent school year upon fulfillment
of the requirements of this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may possess and use his or her
medication (i) while in school, (ii) while at a
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.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 22, 2001.
Approved August 16, 2001.
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