96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3472


 
Introduced 2/10/2010, by Sen. Heather Steans
 
SYNOPSIS AS INTRODUCED:
 		





 








105 ILCS 5/22-30










     Amends the School Code. Changes the conditions under which a pupil may self-administer his or her medication or epinephrine auto-injector.  Provides that accommodations as provided in specified provisions shall be included in a pupil's Individualized Education Plan or Section 504 Plan under the federal Rehabilitation Act of 1973, whichever applies. Effective immediately.
  















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A BILL FOR









 




  






SB3472

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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 
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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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    "Epinephrine auto-injector" means a medical device for 
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immediate self-administration by a person at risk of 
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anaphylaxis.

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    "Medication" means a medicine, prescribed by (i) a 
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physician
licensed to practice medicine in all its branches,

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(ii) a physician assistant who has been delegated the authority 
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to prescribe
asthma
medications by his or her supervising 
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physician, or (iii) an advanced practice
registered nurse who 
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has a written
collaborative agreement with a collaborating 
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physician that delegates the
authority
to prescribe asthma 
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medications,
for a pupil that pertains to the pupil's
asthma 
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and that has an individual prescription label.

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    "Self-administration" means a pupil's discretionary use of 
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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 
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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 
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    the school written
authorization for the 
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    self-administration of medication or use of an epinephrine 
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    auto-injector; and


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        (2) the
parents or guardians of the pupil provide to 
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    the school a
written
statement from the pupil's physician, 
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    physician assistant, or advanced practice
registered 
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    nurse,  a copy of the prescription for the medication, or 
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    the prescription label included on the original packaging 
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    for the prescribed medication, which must contain 
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    containing
the following information:


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            (A) the name and purpose of the medication or 
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        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 
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        circumstances
under which the medication or 
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        epinephrine auto-injector is to be administered.

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The information provided shall be kept on file in the office of 
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the school
nurse or,
in the absence of a school nurse, the 
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school's administrator.

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    (b-5) A school, whether public or nonpublic, must permit 
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the use of an epinephrine auto-injector by a pupil, provided 
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that:
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        (1) the parents or guardians of the pupil provide to 
 


 






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    the school written authorization for the use of an 
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    epinephrine auto-injector; and
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        (2) the parents or guardians of the pupil provide to 
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    the school a written statement from the pupil's physician, 
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    physician assistant, or advance practice registered nurse 
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    containing the following information:
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            (A) the name and purpose of the epinephrine 
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        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 
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        circumstances under which the epinephrine 
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        auto-injector is to be administered.
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    (b-10) In the event that the pupil's physician, physician 
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assistant, or advanced practice registered nurse determines it 
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is inappropriate for the pupil to self-administer his or her 
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medication or epinephrine auto-injector, those instructions 
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shall be included in the prescribing information required by 
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item (2) of subsection (b) and item (2) of subsection (c) of 
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this Section.
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    (b-15) The information provided under subsections (b), 
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(b-5), and (b-10) of this Section shall be kept on file in the 
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office of the school nurse or, in the absence of a school 
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nurse, the school's administrator.  Accommodations as provided 
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in this Section shall be included in a pupil's Individualized 
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Education Plan or Section 504 Plan under the federal 
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Rehabilitation Act of 1973, whichever applies. 
 


 






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    (c) The school district or nonpublic school must inform the 
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parents or
guardians of the
pupil, in writing, that the school 
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district or nonpublic school and its
employees and
agents
are 
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to incur no liability, except for willful and wanton conduct, 
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as a result
of any injury arising from the
self-administration 
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of medication or use of an epinephrine auto-injector by the 
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pupil.  The parents or guardians
of the pupil must sign a 
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statement acknowledging that the school district
or nonpublic 
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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 
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auto-injector by the pupil and that the parents or
guardians 
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must indemnify and hold harmless the school district or 
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nonpublic
school and
its
employees and agents against any 
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claims, except a claim based on willful and
wanton conduct, 
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arising out of the
self-administration of medication or use of 
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an epinephrine auto-injector by the pupil.

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    (d) The permission for self-administration of medication 
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or use of an epinephrine auto-injector is effective
for the 
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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 
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this
Section.

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    (e) Provided that the requirements of this Section are 
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fulfilled, a
pupil with asthma may possess and use his or her 
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medication or a pupil may possess and use an epinephrine 
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auto-injector (i) while in
school, (ii) while at a 
 


 






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school-sponsored activity, (iii) while under the
supervision 
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of
school personnel, or (iv) before or after normal school 
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activities, such
as while in before-school or after-school care 
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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 
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becoming law.