In April, the Illinois State Board of Education (ISBE) amended its 2010 guidance on self-administration of medication. Specifically, the new guidance document focuses on recent updates to Section 22-30 of the School Code (105 ICLS 5/22-30), which provides for student self-administration of asthma medication and epinephrine auto-injectors (e.g., epi-pens).
In 2011, Section 22-30 was amended by Public Act 97-0361 to allow schools to maintain a supply of epi-pens that could be used by the school nurse in case a student without a known allergy had an anaphylactic reaction. Schools were immunized from liability for any injury resulting from the administration of medication, except for willful and wanton conduct. For students to self-administer asthma medication or an epi-pen, the Act required annual written authorization from parents and the student’s physician, including the name of the medication, dosage, and under what circumstances the asthma medication or epi-pen may be self-administered. Students were specifically permitted to possess and use the medication at school, during school-sponsored events, under supervision of school personnel, or before or after normal school activities.
In the last legislative session, the General Assembly passed Public Act 98-0795, further amending Section 22-30. The Act added new definitions for terms, and the Act now applies to public schools (charter schools) in addition to school districts and non-public schools. Most notably, the revised Section 22-30 allows trained personnel, in addition to the school nurse, to both carry and administer an undesignated epi-pen to any person believed in good faith to be having an anaphylactic reaction. Additionally, undesignated epi-pens can be kept in any secure location where an allergic reaction is likely to occur. The specific training required for personnel is also identified.
Further, the Act requires schools to activate the emergency medical services system and notify the student’s parents whenever a student receives an epi-pen injection. When an undesignated epi-pen is administered, schools must also notify the prescribing physician and ISBE. Finally, the Act requires ISBE to publish online and provide a report to the General Assembly outlining the frequency and circumstances under which epi-pens are administered during each school year. ISBE is also permitted to adopt rules implementing Section 22-30.
ISBE developed a question and answer chart to function as a quick reference tool for schools to understand the requirements for authorization and documentation, as well as the protocol for the administration and self-administration of medication to students.
For the upcoming school term, schools should consult with their counsel to create a plan of action in compliance with these new requirements under Section 22-30.
