|
|
||||
| Public Act 094-0792 |
||||
| ||||
| ||||
AN ACT concerning schools.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The School Code is amended by changing Section | ||||
22-30 as follows:
| ||||
(105 ILCS 5/22-30)
| ||||
Sec. 22-30. Self-administration of asthma medication.
| ||||
(a) In this Section:
| ||||
"Epinephrine auto-injector" means a medical device for | ||||
immediate self-administration by a person at risk of | ||||
anaphylaxis.
| ||||
"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 or the | ||||
use of an epinephrine auto-injector by a pupil, provided that:
| ||||
(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
| ||||
(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 or | ||
epinephrine auto-injector;
| ||
(B) the prescribed dosage; and
| ||
(C) the time or times at which or the special | ||
circumstances
under which the medication or | ||
epinephrine auto-injector 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 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
| ||
conduct, as a result of any injury arising
from the
| ||
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.
| ||
(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
| ||
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 or a pupil may possess and use an epinephrine | ||
auto-injector (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.
| ||
(Source: P.A. 92-402, eff. 8-16-01.)
| ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.30 as
follows:
| ||
(30 ILCS 805/8.30 new)
| ||
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.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||