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| Public Act 096-1460 | ||||
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AN ACT concerning education.
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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 medication.
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(a) In this Section:
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"Asthma inhaler" means a quick reliever asthma inhaler. | ||||
"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 | ||||
and ability to carry 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 (i) written
authorization from the parents or | ||
guardians for the self-administration of medication or | ||
(ii) for use of an epinephrine auto-injector, written | ||
authorization from the pupil's physician, physician | ||
assistant, or advanced practice registered nurse; and
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(2) the
parents or guardians of the pupil provide to | ||
the school (i) the prescription label, which must contain | ||
the name of the medication, the prescribed dosage, and the | ||
time at which or circumstances under which the medication | ||
is to be administered, or (ii) for use of an epinephrine | ||
auto-injector, a
written
statement from the pupil's | ||
physician, physician assistant, or advanced practice
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registered nurse 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 regardless of whether authorization was given by the | ||
pupil's parents or guardians or by the pupil's physician, | ||
physician's assistant, or advanced practice registered nurse. | ||
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 regardless of whether authorization was given by the | ||
pupil's parents or guardians or by the pupil's physician, | ||
physician's assistant, or advanced practice registered nurse | ||
and that the parents or
guardians must indemnify and hold | ||
harmless the school district or nonpublic
school and
its
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employees and agents against any claims, except a claim based | ||
on willful and
wanton conduct, arising out of the
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self-administration of medication or use of an epinephrine | ||
auto-injector by the pupil regardless of whether authorization | ||
was given by the pupil's parents or guardians or by the pupil's | ||
physician, physician's assistant, or advanced practice | ||
registered nurse.
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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 | ||
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. 94-792, eff. 5-19-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||