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| Public Act 097-0361 | ||||
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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 medication and school | ||||
nurse administration.
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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 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 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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(b-5) A school district or nonpublic school may authorize | ||
the provision of an epinephrine auto-injector to a student or | ||
any personnel authorized under a student's Individual Health | ||
Care Action Plan, Illinois Food Allergy Emergency Action Plan | ||
and Treatment Authorization Form, or plan pursuant to Section | ||
504 of the federal Rehabilitation Act of 1973 to administer an | ||
epinephrine auto-injector to the student, that meets the | ||
prescription on file. | ||
(b-10) The school district or nonpublic school may | ||
authorize a school nurse do the following: (i) provide an | ||
epinephrine auto-injector to a student or any personnel | ||
authorized under a student's Individual Health Care Action | ||
Plan, Illinois Food Allergy Emergency Action Plan and Treatment | ||
Authorization Form, or plan pursuant to Section 504 of the | ||
federal Rehabilitation Act of 1973 to administer an epinephrine | ||
auto-injector to the student, that meets the prescription on | ||
file; (ii) administer an epinephrine auto-injector that meets | ||
the prescription on file to any student who has an Individual | ||
Health Care Action Plan, Illinois Food Allergy Emergency Action | ||
Plan and Treatment Authorization Form, or plan pursuant to | ||
Section 504 of the federal Rehabilitation Act of 1973 that | ||
authorizes the use of an Epinephrine auto-injector; and (iii) | ||
administer an epinephrine auto-injector to any student that the | ||
school nurse in good faith professionally believes is having an | ||
anaphylactic reaction. | ||
(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, | ||
including a physician providing standing protocol or | ||
prescription for school epinephrine auto-injectors,
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 and its employees | ||
and agents are is to incur no liability, except for willful and | ||
wanton
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 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
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school and
its
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. When a school nurse administers an | ||
epinephrine auto-injector to a student whom the school nurse in | ||
good faith professionally believes is having an anaphylactic | ||
reaction, notwithstanding the lack of notice to the parents or | ||
guardians of the pupil or the absence of the parents or | ||
guardians signed statement acknowledging no liability, except | ||
for willful and wanton conduct, the school district or | ||
nonpublic school and its employees and agents, including a | ||
physician providing standing protocol or prescription for | ||
school epinephrine auto-injectors, are to incur no liability, | ||
except for willful and wanton conduct, as a result of any | ||
injury arising from the use of an epinephrine auto-injector | ||
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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(f) The school district or nonpublic school may maintain at | ||
a school in a locked, secure location a supply of epinephrine | ||
auto-injectors. A physician may prescribe epinephrine | ||
auto-injectors in the name of the school district or nonpublic | ||
school to be maintained for use when necessary. The school | ||
district or nonpublic school supply of epinephrine | ||
auto-injectors may be provided to and utilized by any student | ||
authorized to self-administer that meets the prescription on | ||
file or by any personnel authorized under a student's | ||
Individual Health Care Action Plan, Illinois Food Allergy | ||
Emergency Action Plan and Treatment Authorization Form, or plan | ||
pursuant to Section 504 of the federal Rehabilitation Act of | ||
1973 to administer an epinephrine auto-injector to the student, | ||
that meets the prescription on file. When a student does not | ||
have an epinephrine auto-injector or a prescription for an | ||
epinephrine auto-injector on file, the school nurse may utilize | ||
the school district or nonpublic school supply of epinephrine | ||
auto-injectors to respond to anaphylactic reaction, under a | ||
standing protocol from a physician licensed to practice | ||
medicine in all its branches and the requirements of this | ||
Section. | ||
(Source: P.A. 96-1460, eff. 8-20-10.)
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Section 10. The Illinois Food, Drug and Cosmetic Act is | ||
amended by changing Section 3.21 as follows:
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(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
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Sec. 3.21. Except as authorized by this Act, the Controlled | ||
Substances
Act, the Pharmacy Practice Act, the Dental Practice | ||
Act, the Medical
Practice Act of 1987, the Veterinary Medicine | ||
and Surgery Practice Act of
2004, or the Podiatric Medical | ||
Practice Act of 1987, or Section 22-30 of the School Code, to | ||
sell or dispense a
prescription drug without a prescription.
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(Source: P.A. 95-689, eff. 10-29-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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