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92_HB0898eng
HB0898 Engrossed LRB9204294NTsb
1 AN ACT concerning schools.
2 WHEREAS, an estimated 5.3 million American children have
3 asthma; and
4 WHEREAS, Asthma is the leading serious chronic illness
5 among children and annually incurs a cost of $ 3.2 billion in
6 treating this young population; and
7 WHEREAS, Asthma accounts for 10 million lost school days
8 each year in the United States and is the leading cause of
9 school absenteeism attributed to chronic conditions; and
10 WHEREAS, Asthma is the third-ranking cause of
11 hospitalization among children under the age of 15 years and
12 accounts for almost one in 6 of all pediatric emergency room
13 visits; and
14 WHEREAS, There are more than 5,400 deaths from asthma in
15 this country each year; and
16 WHEREAS, Known asthma triggers range from viral
17 infections to allergies to irritating gases and particles in
18 the air; and
19 WHEREAS, An estimated 200,000 U.S. children with asthma
20 have their condition worsened by exposure to second-hand
21 smoke; and
22 WHEREAS, Resulting asthma attacks in children can be
23 severe; the child may become breathless and have difficulty
24 talking; and
25 WHEREAS, Children with asthma are taught by their
HB0898 Engrossed -2- LRB9204294NTsb
1 physician or other State-licensed health care provider to
2 take medication to prevent an attack or to help them if an
3 attack occurs; and
4 WHEREAS, A child's asthma can be managed by both
5 treatment and medication; and
6 WHEREAS, Elementary and secondary school students with
7 asthma should have unobstructed access to their asthma
8 medication; therefore
9 Be it enacted by the People of the State of Illinois,
10 represented in the General Assembly:
11 Section 5. The School Code is amended by adding Sections
12 10-20.35 and 34-18.22 as follows:
13 (105 ILCS 5/10-20.35 new)
14 Sec. 10-20.35. Self-administration of asthma medication.
15 (a) In this Section:
16 "Medication" means a medicine, prescribed by (i) a
17 physician licensed to practice medicine in all its branches,
18 (ii) a physician assistant who has been delegated the
19 authority to prescribe asthma medications by his or her
20 supervising physician, or (iii) an advanced practice
21 registered nurse who has a written collaborative agreement
22 with a collaborating physician that delegates the authority
23 to prescribe asthma medications, for a pupil that pertains to
24 the pupil's asthma and that has an individual prescription
25 label.
26 "Self-administration" means a pupil's discretionary use
27 of his or her prescribed asthma medication.
28 (b) A school or school board must permit the
29 self-administration of medication by a pupil with asthma,
HB0898 Engrossed -3- LRB9204294NTsb
1 provided that:
2 (1) the parents or guardians of the pupil provide
3 to the school or school board written authorization for
4 the self-administration of medication; and
5 (2) the parents or guardians of the pupil provide
6 to the school or school board a written statement from
7 the pupil's physician, physician assistant, or advanced
8 practice registered nurse containing the following
9 information:
10 (A) the name and purpose of the medication;
11 (B) the prescribed dosage; and
12 (C) the time or times at which or the special
13 circumstances under which the medication is to be
14 administered.
15 The information provided shall be kept on file in the office
16 of the school nurse or, in the absence of a school nurse, the
17 school's administrator.
18 (c) The school or school board must inform the parents
19 or guardians of the pupil, in writing, that the school or
20 schools district and its employees and agents are to incur no
21 liability, except for willful and wanton conduct, as a result
22 of any injury arising from the self-administration of
23 medication by the pupil. The parents or guardians of the
24 pupil must sign a statement acknowledging that the school
25 district is to incur no liability, except for willful and
26 wanton conduct, as a result of any injury arising from the
27 self-administration of medication by the pupil and that the
28 parents or guardians must indemnify and hold harmless the
29 district and its employees and agents against any claims,
30 except a claim based on willful and wanton conduct, arising
31 out of the self-administration of medication by the pupil.
32 (d) The permission for self-administration of medication
33 is effective for the school year for which it is granted and
34 shall be renewed each subsequent school year upon fulfillment
HB0898 Engrossed -4- LRB9204294NTsb
1 of the requirements of this Section.
2 (e) Provided that the requirements of this Section are
3 fulfilled, a pupil with asthma may possess and use his or her
4 medication (i) while in school, (ii) while at a
5 school-sponsored activity, (iii) while under the supervision
6 of school personnel, or (iv) before or after normal school
7 activities, such as while in before-school or after-school
8 care on school-operated property.
9 (105 ILCS 5/34-18.22 new)
10 Sec. 34-18.22. Self-administration of asthma medication.
11 (a) In this Section:
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
15 authority to prescribe asthma medications by his or her
16 supervising physician, or (iii) an advanced practice
17 registered nurse who has a written collaborative agreement
18 with a collaborating physician that delegates the authority
19 to prescribe asthma medications, for a pupil that pertains to
20 the pupil's asthma and that has an individual prescription
21 label.
22 "Self-administration" means a pupil's discretionary use
23 of his or her prescribed asthma medication.
24 (b) The school or school board must permit the
25 self-administration of medication by a pupil with asthma,
26 provided that:
27 (1) the parents or guardians of the pupil provide
28 to the school or board written authorization for the
29 self-administration of medication; and
30 (2) the parents or guardians of the pupil provide
31 to the school or school board a written statement from
32 the pupil's physician, physician assistant, or advanced
33 practice registered nurse containing the following
HB0898 Engrossed -5- LRB9204294NTsb
1 information:
2 (A) the name and purpose of the medication;
3 (B) the prescribed dosage; and
4 (C) the time or times at which or the special
5 circumstances under which the medication is to be
6 administered.
7 The information provided shall be kept on file in the office
8 of the school nurse or, in the absence of a school nurse, the
9 school's administrator.
10 (c) The school or school board must inform the parents
11 or guardians of the pupil, in writing, that the school
12 district and its employees and agents are to incur no
13 liability, except for willful and wanton conduct, as a result
14 of any injury arising from the self-administration of
15 medication by the pupil. The parents or guardians of the
16 pupil must sign a statement acknowledging that the school
17 district is to incur no liability, except for willful and
18 wanton conduct, as a result of any injury arising from the
19 self-administration of medication by the pupil and that the
20 parents or guardians must indemnify and hold harmless the
21 district and its employees and agents against any claims,
22 except a claim based on willful and wanton conduct, arising
23 out of the self-administration of medication by the pupil.
24 (d) The permission for self-administration of medication
25 is effective for the school year for which it is granted and
26 shall be renewed each subsequent school year upon fulfillment
27 of the requirements of this Section.
28 (e) Provided that the requirements of this Section are
29 fulfilled, a pupil with asthma may possess and use his or her
30 medication (i) while in school, (ii) while at a
31 school-sponsored activity, (iii) while under the supervision
32 of school personnel, or (iv) before or after normal school
33 activities, such as while in before-school and after-school
34 care on school-operated property.
HB0898 Engrossed -6- LRB9204294NTsb
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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