Bill Text: IL SB1250 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. Provides that, notwithstanding any other provision of law, a school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. Requires a parent or guardian to also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Provides that each school district must adopt an emergency action plan for a student who self-administers medication; specifies the plan's requirements. Provides that a school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Passed) 2019-08-02 - Public Act . . . . . . . . . 101-0205 [SB1250 Detail]

Download: Illinois-2019-SB1250-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1250 Introduced 2/6/2019, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-31 new
Amends the School Code. Requires a school district, public school, or nonpublic school to permit a student diagnosed with a pancreatic insufficiency to self-administer and self-manage his or her pancreatic enzyme replacement therapy if the parent or guardian of the student provides the school with written authorization for the self-administration or self-management and written authorization for the therapy from the student's physician, physician assistant, or advanced practice registered nurse; defines terms. Requires each school district or school to adopt an emergency care plan and develop an individualized health care plan for a student subject to the provision; specifies plan requirements. Provides that any disclosure of information under the provision shall not constitute a violation of the federal Health Insurance Portability and Accountability Act of 1996 or any regulations promulgated under that Act. Provides that any records created under the provision must be maintained in a confidential manner consistent with the federal Health Insurance Portability and Accountability Act of 1996.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
22-31 as follows:
(105 ILCS 5/22-31 new)
Sec. 22-31. Self-administration of pancreatic enzyme
replacement therapy.
(a) In this Section:
"Emergency care plan" means a student-specific action plan
developed by a school district, public school, or nonpublic
school to facilitate quick and appropriate responses to an
emergency in a school setting.
"Individualized health care plan" means a written plan of
care developed by a school district, public school, or
nonpublic school that outlines the provisions of a student's
health care services and that is intended to achieve specific
student outcomes.
"Pancreatic insufficiency" means a disorder of the
digestive system. "Pancreatic insufficiency" may include the
diagnosis of cystic fibrosis, a chronic disease that affects an
individual's lungs and digestive system.
(b) A school district, public school, or nonpublic school

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must permit a student diagnosed with a pancreatic insufficiency
to self-administer and self-manage his or her pancreatic enzyme
replacement therapy if the parent or guardian of the student
provides the school with written authorization for the
student's self-administration and self-management of the
therapy and written authorization for the therapy from the
student's physician, physician assistant, or advanced practice
registered nurse. Information received by a school district or
school under this subsection shall be kept on file in the
office of the school nurse or, in the absence of a school
nurse, the school's administrator.
(c) Each school district, public school, or nonpublic
school shall adopt an emergency care plan that may be part of a
student's individualized health care plan developed under
subsection (d) and that includes all of the following:
(1) A plan of action in the event a student is unable
to self-administer or self-manage his or her pancreatic
enzyme replacement therapy.
(2) The situations in which a school must call 9-1-1.
(d) Each school district, public school, or nonpublic
school shall develop an individualized health care plan for a
student subject to this Section. The school district or school
must develop the plan in collaboration with the student's
physician, parent or guardian, and other school personnel to
determine how to manage the student's pancreatic insufficiency
while in school, participating in a school-sponsored activity,

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or in transit to or from school or a school-sponsored activity.
The plan must be student-specific and must include all of the
following:
(1) The student's health status, risks, concerns, and
strengths.
(2) Any diagnoses from the student's physician or a
school nurse.
(3) Any interventions performed on the student by
school personnel.
(4) Training for school personnel.
(5) A list of goals that meet the health care needs of
the student and protect the safety of all students from the
misuse or abuse of pancreatic enzyme replacement therapy
medication.
(e) Any disclosure of information under this Section shall
not constitute a violation of the federal Health Insurance
Portability and Accountability Act of 1996 or any regulations
promulgated under that Act.
(f) Any records created under this Section must be
maintained in a confidential manner consistent with the federal
Health Insurance Portability and Accountability Act of 1996.