New Law: Self-administration of medication

The House sponsor is Representative Mary Flowers. Telephone: (217) 782-4207, Facsimile: (217) 782-1130. Call her if you support it.

Visit: www.ilga.gov and type in SB 2898 to get the bill's history.

1	AMENDMENT TO SENATE BILL 2898 

2	    AMENDMENT NO. ______. Amend Senate Bill 2898 by replacing 
3	everything after the enacting clause with the following: 
 
4	    "Section 5. The School Code is amended by changing Section 
5	22-30 as follows:
  
6	    (105 ILCS 5/22-30) 
7	    Sec. 22-30. Self-administration of asthma medication. 
8	    (a) In this Section: 
9	    "Epinephrine auto-injector" means a disposable single-use 
10	medical device for immediate self-administration by a person 
11	with a history of anaphylaxis. 
12	    "Medication" means a medicine, prescribed by (i) a 
13	physician licensed to practice medicine in all its branches, 
14	(ii) a physician assistant who has been delegated the authority 
15	to prescribe asthma medications by his or her supervising 
16	physician, or (iii) an advanced practice registered nurse who 
17	has a written collaborative agreement with a collaborating 
18	physician that delegates the authority to prescribe asthma 
19	medications, for a pupil that pertains to the pupil's asthma 
20	and that has an individual prescription label. 
21	    "Self-administration" means a pupil's discretionary use of 
22	his or her prescribed asthma medication. 
23	    (b) A school, whether public or nonpublic, must permit the 
24	self-administration of medication by a pupil with asthma or the 
 
 
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1	use of an epinephrine auto-injector by a pupil, provided that: 
2	        (1) the parents or guardians of the pupil provide to 
3	    the school written authorization for the 
4	    self-administration of medication or use of an epinephrine 
5	    auto-injector; and 
6	        (2) the parents or guardians of the pupil provide to 
7	    the school a written statement from the pupil's physician, 
8	    physician assistant, or advanced practice registered nurse 
9	    containing the following information: 
10	            (A) the name and purpose of the medication or 
11	        epinephrine auto-injector; 
12	            (B) the prescribed dosage; and 
13	            (C) the time or times at which or the special 
14	        circumstances under which the medication or 
15	        epinephrine auto-injector is to be administered. 
16	The information provided shall be kept on file in the office of 
17	the school nurse or, in the absence of a school nurse, the 
18	school's administrator. 
19	    (c) The school district or nonpublic school must inform the 
20	parents or guardians of the pupil, in writing, that the school 
21	district or nonpublic school and its employees and agents are 
22	to incur no liability, except for willful and wanton conduct, 
23	as a result of any injury arising from the self-administration 
24	of medication or use of an epinephrine auto-injector by the 
25	pupil. The parents or guardians of the pupil must sign a 
26	statement acknowledging that the school district or nonpublic 
27	school is to incur no liability, except for willful and wanton 
28	conduct, as a result of any injury arising from the 
29	self-administration of medication or use of an epinephrine 
30	auto-injector by the pupil and that the parents or guardians 
31	must indemnify and hold harmless the school district or 
32	nonpublic school and its employees and agents against any 
33	claims, except a claim based on willful and wanton conduct, 
34	arising out of the self-administration of medication or use of 
 
 
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1	an epinephrine auto-injector by the pupil. 
2	    (d) The permission for self-administration of medication 
3	or use of an epinephrine auto-injector is effective for the 
4	school year for which it is granted and shall be renewed each 
5	subsequent school year upon fulfillment of the requirements of 
6	this Section. 
7	    (e) Provided that the requirements of this Section are 
8	fulfilled, a pupil with asthma may possess and use his or her 
9	medication or a pupil may possess and use an epinephrine 
10	auto-injector (i) while in school, (ii) while at a 
11	school-sponsored activity, (iii) while under the supervision 
12	of school personnel, or (iv) before or after normal school 
13	activities, such as while in before-school or after-school care 
14	on school-operated property. 
15	(Source: P.A. 92-402, eff. 8-16-01.) 
 
16	    Section 90. The State Mandates Act is amended by adding 
17	Section 8.30 as follows: 
 
18	    (30 ILCS 805/8.30 new) 
19	    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
20	of this Act, no reimbursement by the State is required for the 
21	implementation of any mandate created by this amendatory Act of 
22	the 94th General Assembly. 
  
23	    Section 99. Effective date. This Act takes effect upon 
24	becoming law.".