Bill Text: IL HB4146 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that a school district must allow a student to self-administer any over-the-counter lactose intolerant relief medication without requiring written permission from the student's parent or guardian or written authorization from the student's physician, physician's assistant, or advanced practice registered nurse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-10-18 - Referred to Rules Committee [HB4146 Detail]

Download: Illinois-2023-HB4146-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4146 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-22.21b from Ch. 122, par. 10-22.21b
105 ILCS 5/34-18.61
Amends the School Code. Provides that a school district must allow a student to self-administer any over-the-counter lactose intolerant relief medication without requiring written permission from the student's parent or guardian or written authorization from the student's physician, physician's assistant, or advanced practice registered nurse.
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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 changing Sections
10-22.21b and 34-18.61 as follows:
(105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
Sec. 10-22.21b. Administering medication.
(a) In this Section, "asthma action plan" has the meaning
given to that term under Section 22-30.
(b) To provide for the administration of medication to
students. It shall be the policy of the State of Illinois that
the administration of medication to students during regular
school hours and during school-related activities should be
discouraged unless absolutely necessary for the critical
health and well-being of the student. Under no circumstances
shall teachers or other non-administrative school employees,
except certified school nurses and non-certificated registered
professional nurses, be required to administer medication to
students. This Section shall not prohibit a school district
from adopting guidelines for self-administration of medication
by students that are consistent with this Section and this
Code. This Section shall not prohibit any school employee from
providing emergency assistance to students.

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(c) 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 allergy emergency
action plan, 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. A parent or guardian must 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. Information
received by a school district 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.
Notwithstanding any other provision of law, a school
district must allow a student to self-administer any
over-the-counter lactose intolerant relief medication without
requiring written permission from the student's parent or
guardian or written authorization from the student's
physician, physician's assistant, or advanced practice

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registered nurse.
(d) Each school district must adopt an emergency action
plan for a student who self-administers medication under
subsection (c). The plan must include both of the following:
(1) A plan of action in the event a student is unable
to self-administer medication.
(2) The situations in which a school must call 9-1-1.
(e) 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 under subsection (c). The student's
parent or guardian must sign a statement to this effect, which
must acknowledge that the parent or guardian must indemnify
and hold harmless the school district and its employees and
agents against any claims, except a claim based on willful and
wanton conduct, arising out of the self-administration of
medication by a student.
(Source: P.A. 103-175, eff. 6-30-23.)
(105 ILCS 5/34-18.61)
Sec. 34-18.61. Self-administration of medication.
(a) In this Section, "asthma action plan" has the meaning
given to that term under Section 22-30.
(b) Notwithstanding any other provision of law, the school
district must allow any student with an asthma action plan, an
Individual Health Care Action Plan, an allergy emergency

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action plan, 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. A parent or guardian must 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. Information
received by the school district 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.
Notwithstanding any other provision of law, the school
district must allow a student to self-administer any
over-the-counter lactose intolerant relief medication without
requiring written permission from the student's parent or
guardian or written authorization from the student's
physician, physician's assistant, or advanced practice
registered nurse.
(c) The school district must adopt an emergency action
plan for a student who self-administers medication under

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