Bill Text: IL SB2048 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that when a student needs to receive any medication in school or during school activities, a medication management plan must be established if the parent or guardian of the student submits a signed request accompanied with sufficient proof of diagnosis of a condition or illness necessitating assistance with administering any medication to the student. Provides that the school principal and the parents or guardian must develop and agree on a plan. Provides that absent a full-time school nurse, the school principal must appoint, supervise, and coordinate the training of a designated health care aide to perform the tasks necessary to assist a student in accordance with the plan. Provides that a school must provide a one-page information sheet regarding a student's plan to each employee providing transportation for the student or supervising the student during a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with a plan to a particular school on the basis that the school does not have a full-time nurse or a designated health care aide, nor may a school deny access to a student on the basis that the student requires a plan. Exempts the school and school employees from civil liability for conduct related to the care of a student in accordance with a plan, except for willful or wanton misconduct. Amends the Nurse Practice Act to allow persons to be employed as unlicensed assistive personnel in schools. In a Section concerning nursing delegation, provides that a school nurse, a registered professional nurse, or an advanced practice nurse may teach or train other persons in first aid, emergency care, or cardiopulmonary resuscitation. Effective January 1, 2010.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB2048 Detail]

Download: Illinois-2009-SB2048-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2048 Introduced 2/20/2009, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED:
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Amends the School Code. Provides that when a student needs to receive any medication in school or during school activities, a medication management plan must be established if the parent or guardian of the student submits a signed request accompanied with sufficient proof of diagnosis of a condition or illness necessitating assistance with administering any medication to the student. Provides that the school principal and the parents or guardian must develop and agree on a plan. Provides that absent a full-time school nurse, the school principal must appoint, supervise, and coordinate the training of a designated health care aide to perform the tasks necessary to assist a student in accordance with the plan. Provides that a school must provide a one-page information sheet regarding a student's plan to each employee providing transportation for the student or supervising the student during a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with a plan to a particular school on the basis that the school does not have a full-time nurse or a designated health care aide, nor may a school deny access to a student on the basis that the student requires a plan. Exempts the school and school employees from civil liability for conduct related to the care of a student in accordance with a plan, except for willful or wanton misconduct. Amends the Nurse Practice Act to allow persons to be employed as unlicensed assistive personnel in schools. In a Section concerning nursing delegation, provides that a school nurse, a registered professional nurse, or an advanced practice nurse may teach or train other persons in first aid, emergency care, or cardiopulmonary resuscitation. Effective January 1, 2010.
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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 health.
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
10-20.14b and 10-22.21b as follows:
(105 ILCS 5/10-20.14b) (from Ch. 122, par. 10-20.14b)
Sec. 10-20.14b. Medications policy. To develop a policy for
administration of medications in schools, including medication
management plans under Section 10-22.21b; , to furnish a copy of
the policy to the parents or guardians of each pupil within 15
days after the beginning of each school year, or within 15 days
after starting classes for a pupil who transfers into the
district; , and to require that each school informs its pupils
of the contents of its policy.
(Source: P.A. 90-789, eff. 8-14-98.)
(105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
Sec. 10-22.21b. Administering medication; medication
management plans.
(a) 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

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discouraged unless absolutely necessary for the critical
health and well-being of the student.
(b) Under no circumstances shall teachers or other
non-administrative school employees, except certified school
nurses, and non-certificated registered professional nurses,
and designated health care aides as defined in subsection (e),
be required to administer medication to students.
(c) When a student needs to receive any medication in
school or during school activities, a medication management
plan must be established. A parent or guardian for any student
who seeks assistance with the administration of medication in
the school setting must submit to the school a signed request
for a medication management plan.
A request for a medication management plan for a student
must be submitted to the school at one of the following times:
before the beginning of the school year; upon enrollment of a
student if enrolled after the beginning of the school year; as
soon as practicable following a student's initial diagnosis; or
when a student's medication needs change during the school
year.
The request for a medication management plan must be
accompanied by sufficient proof of diagnosis of a condition or
illness necessitating assistance with administering any
medication to the student. Sufficient proof shall consist of a
signed statement from one of the following: a physician
licensed to practice medicine in all its branches on the

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physician's letterhead; an advanced practice registered nurse
with a collaborative agreement authorizing these services on
practice letterhead; or a physician assistant with authority to
provide these services authorized by a supervising physician on
practice letterhead. The signed statement must also include
both the name of the medication or medications and the method
of administering the medication.
(d) Upon receiving a request for a medication management
plan and sufficient proof as required by subsection (e) of this
Section, the principal and parents or guardian must develop and
agree on a medication management plan. The principal, parent or
guardian, and the school nurse or any designated health care
aide to provide services must sign the medication management
plan. A copy of the medication management plan must be provided
to the parent or guardian, appropriate designated health care
aide, and the school nurse if available. The school must keep a
copy of the medication management plan for its records.
The services and accommodations specified in a medication
management plan must be reasonable, reflect the current
standards of care, and include appropriate safeguards to ensure
that any health care supplies, including, but not limited to,
syringes and lancets, are disposed of properly.
A school nurse or a designated health care aide may
administer medication to a student only after a student's
parent or guardian (i) submits a written request for assistance
and (ii) signs a medication management plan with the school.

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(e) Designated health care aides are individuals who assist
in carrying out medication management plans in accordance with
the following:
(1) In the absence of a full-time school nurse, a
school principal must appoint a designated health care aide
to perform the tasks necessary to assist a student in
accordance with his or her medication management plan. A
school nurse assigned to the school and the principal must
be notified, in writing, of each and every time any
intervention under the plan is made. Parents must also be
notified, unless notification is waived in writing.
Interventions must be in accordance with standardized
protocols, adopted by the Department of Human Services
School Health Program and approved by the Board of Nursing
based on nationally accepted standards for treatment of
each specific diagnosis.
(2) If a school nurse is assigned to a school, the
school nurse must coordinate the training of designated
health care aides. If a school nurse is not assigned to a
school, the principal must coordinate the training of a
designated health care aide in accordance with
standardized protocols. Training under this subdivision
(2) may be provided by a physician licensed to practice
medicine in all its branches, a licensed advanced practice
nurse, a licensed physician assistant, or a licensed
registered nurse with expertise in the conditions or

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illness generally occurring in the school-age population.
In addition, training may be provided by the parent or
guardian of the student.
(3) Designated health care aides must serve under the
supervision of the principal.
(4) A school employee must not be subject to any
penalty, sanction, or other disciplinary action for
refusing to serve as a designated health care aide.
(5) Training must be provided annually and may be
provided as part of in-service training.
(6) Training may be provided for other school employees
who are not currently serving as designated health care
aides, at the discretion of the principal.
The principal must ensure the school has at least one
designated health care aide or one full-time nurse assigned to
the school and available during school hours. The principal or
school nurse, should one be assigned full-time to a school,
must maintain a copy of the training records.
(f) A school shall provide a one-page information sheet to
each employee providing transportation for a student with a
medication management plan or supervising a student with a
medication management plan during a school-sponsored activity.
The information sheet must do the following:
(1) identify the student's condition;
(2) identify potential emergencies that may occur as a
result of the student's condition and the appropriate

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responses to such emergencies; and
(3) provide emergency contact information for the
student's parent or guardian.
(g) A school district may not restrict the assignment of a
student with a plan to a particular school on the basis that
the school does not have a full-time nurse or a designated
health care aide, nor may a school deny access to a student on
the basis that a student has been diagnosed with a condition or
illness requiring a medication management plan.
(h) A school or a school employee is not liable for civil
or other damages a result of conduct, other than willful or
wanton misconduct, related to the care of a student in
accordance with a medication management plan. A school employee
must not be subject to any disciplinary proceeding resulting
from an action taken in compliance with this Act, unless the
action constitutes willful or wanton misconduct.
(i) The State Board of Education may adopt standardized
forms for the convenience of parents and schools, but no rules
are necessary to implement this Section.
(j) This Section shall not prohibit a school district from
adopting guidelines for self-administration of medication by
students.
(k) This Section shall not prohibit any school employee
from providing emergency assistance to students.
(Source: P.A. 91-719, eff. 6-2-00.)

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Section 10. The Nurse Practice Act is amended by changing
Sections 50-15 and 50-75 as follows:
(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-15. Policy; application of Act.
(a) For the protection of life and the promotion of health,
and the prevention of illness and communicable diseases, any
person practicing or offering to practice advanced,
professional, or practical nursing in Illinois shall submit
evidence that he or she is qualified to practice, and shall be
licensed as provided under this Act. No person shall practice
or offer to practice advanced, professional, or practical
nursing in Illinois or use any title, sign, card or device to
indicate that such a person is practicing professional or
practical nursing unless such person has been licensed under
the provisions of this Act.
(b) This Act does not prohibit the following:
(1) The practice of nursing in Federal employment in
the discharge of the employee's duties by a person who is
employed by the United States government or any bureau,
division or agency thereof and is a legally qualified and
licensed nurse of another state or territory and not in
conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
this Act.
(2) Nursing that is included in the program of study by

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students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department.
(3) The furnishing of nursing assistance in an
emergency.
(4) The practice of nursing by a nurse who holds an
active license in another state when providing services to
patients in Illinois during a bonafide emergency or in
immediate preparation for or during interstate transit.
(5) The incidental care of the sick by members of the
family, domestic servants or housekeepers, or care of the
sick where treatment is by prayer or spiritual means.
(6) Persons from being employed as unlicensed
assistive personnel in private homes, long term care
facilities, nurseries, schools, hospitals or other
institutions.
(7) The practice of practical nursing by one who is a
licensed practical nurse under the laws of another U.S.
jurisdiction and has applied in writing to the Department,
in form and substance satisfactory to the Department, for a
license as a licensed practical nurse and who is qualified
to receive such license under this Act, until (i) the
expiration of 6 months after the filing of such written
application, (ii) the withdrawal of such application, or
(iii) the denial of such application by the Department.
(8) The practice of advanced practice nursing by one
who is an advanced practice nurse under the laws of another

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state, territory of the United States, or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as an
advanced practice nurse and who is qualified to receive
such license under this Act, until (i) the expiration of 6
months after the filing of such written application, (ii)
the withdrawal of such application, or (iii) the denial of
such application by the Department.
(9) The practice of professional nursing by one who is
a registered professional nurse under the laws of another
state, territory of the United States or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a
registered professional nurse and who is qualified to
receive such license under Section 55-10, until (1) the
expiration of 6 months after the filing of such written
application, (2) the withdrawal of such application, or (3)
the denial of such application by the Department.
(10) The practice of professional nursing that is
included in a program of study by one who is a registered
professional nurse under the laws of another state or
territory of the United States or foreign country,
territory or province and who is enrolled in a graduate
nursing education program or a program for the completion
of a baccalaureate nursing degree in this State, which
includes clinical supervision by faculty as determined by

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the educational institution offering the program and the
health care organization where the practice of nursing
occurs.
(11) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
(12) Delegation to authorized direct care staff
trained under Section 15.4 of the Mental Health and
Developmental Disabilities Administrative Act consistent
with the policies of the Department.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician, dentist, or
podiatrist to a licensed practical nurse, a registered
professional nurse, or other persons.
(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
(225 ILCS 65/50-75)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-75. Nursing delegation.
(a) For the purposes of this Section:
"Delegation" means transferring to an individual the
authority to perform a selected nursing activity or task, in a
selected situation.
"Nursing activity" means any work requiring the use of
knowledge acquired by completion of an approved program for
licensure, including advanced education, continuing education,

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and experience as a licensed practical nurse or professional
nurse, as defined by the Department by rule.
"Task" means work not requiring nursing knowledge,
judgment, or decision-making, as defined by the Department by
rule.
(b) Nursing shall be practiced by licensed practical
nurses, registered professional nurses, and advanced practice
nurses. In the delivery of nursing care, nurses work with many
other licensed professionals and other persons. An advanced
practice nurse may delegate to registered professional nurses,
licensed practical nurses, and others persons.
(c) A registered professional nurse shall not delegate any
nursing activity requiring the specialized knowledge,
judgment, and skill of a licensed nurse to an unlicensed
person, including medication administration. A registered
professional nurse may delegate nursing activities to other
registered professional nurses or licensed practical nurses.
A registered nurse may delegate tasks to other licensed and
unlicensed persons. A licensed practical nurse who has been
delegated a nursing activity shall not re-delegate the nursing
activity. A registered professional nurse or advanced practice
nurse retains the right to refuse to delegate or to stop or
rescind a previously authorized delegation.
(d) Nothing in this Section prevents a school nurse, a
registered professional nurse, or an advanced practice nurse
from teaching or training other persons in first aid, emergency

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care, or cardiopulmonary resuscitation.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 50. Federal law. Nothing in this Act shall limit
any rights available under federal law.
Section 99. Effective date. This Act takes effect January
1, 2010.
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INDEX
Statutes amended in order of appearance
105 ILCS 5/10-20.14b from Ch. 122, par. 10-20.14b
105 ILCS 5/10-22.21b from Ch. 122, par. 10-22.21b
225 ILCS 65/50-15 was 225 ILCS 65/5-15
225 ILCS 65/50-75