Illinois General Assembly - Full Text of SB2889
Illinois General Assembly

Previous General Assemblies

Full Text of SB2889  100th General Assembly

SB2889sam001 100TH GENERAL ASSEMBLY

Sen. Chapin Rose

Filed: 3/2/2018

 

 


 

 


 
10000SB2889sam001LRB100 19109 MJP 36758 a

1
AMENDMENT TO SENATE BILL 2889

2    AMENDMENT NO. ______. Amend Senate Bill 2889 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
522-30 as follows:
 
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration and self-carry of asthma
8medication and epinephrine injectors auto-injectors;
9administration of undesignated epinephrine injectors
10auto-injectors; administration of an opioid antagonist; asthma
11episode emergency response protocol.
12    (a) For the purpose of this Section only, the following
13terms shall have the meanings set forth below:
14    "Asthma action plan" means a written plan developed with a
15pupil's medical provider to help control the pupil's asthma.
16The goal of an asthma action plan is to reduce or prevent

 

 

10000SB2889sam001- 2 -LRB100 19109 MJP 36758 a

1flare-ups and emergency department visits through day-to-day
2management and to serve as a student-specific document to be
3referenced in the event of an asthma episode.
4    "Asthma episode emergency response protocol" means a
5procedure to provide assistance to a pupil experiencing
6symptoms of wheezing, coughing, shortness of breath, chest
7tightness, or breathing difficulty.
8    "Asthma inhaler" means a quick reliever asthma inhaler.
9    "Epinephrine auto-injector" means a single-use device used
10for the automatic injection of a pre-measured dose of
11epinephrine into the human body.
12    "Epinephrine injector" includes an auto-injector for the
13administration of epinephrine or a pre-filled syringe used for
14the administration of epinephrine that contains a pre-measured
15dose of epinephrine that is equivalent to the dosages used in
16an auto-injector.
17    "Asthma medication" means a medicine, prescribed by (i) a
18physician licensed to practice medicine in all its branches,
19(ii) a licensed physician assistant with prescriptive
20authority, or (iii) a licensed advanced practice registered
21nurse with prescriptive authority for a pupil that pertains to
22the pupil's asthma and that has an individual prescription
23label.
24    "Opioid antagonist" means a drug that binds to opioid
25receptors and blocks or inhibits the effect of opioids acting
26on those receptors, including, but not limited to, naloxone

 

 

10000SB2889sam001- 3 -LRB100 19109 MJP 36758 a

1hydrochloride or any other similarly acting drug approved by
2the U.S. Food and Drug Administration.
3    "School nurse" means a registered nurse working in a school
4with or without licensure endorsed in school nursing.
5    "Self-administration" means a pupil's discretionary use of
6his or her prescribed asthma medication or epinephrine injector
7auto-injector.
8    "Self-carry" means a pupil's ability to carry his or her
9prescribed asthma medication or epinephrine injector
10auto-injector.
11    "Standing protocol" may be issued by (i) a physician
12licensed to practice medicine in all its branches, (ii) a
13licensed physician assistant with prescriptive authority, or
14(iii) a licensed advanced practice registered nurse with
15prescriptive authority.
16    "Trained personnel" means any school employee or volunteer
17personnel authorized in Sections 10-22.34, 10-22.34a, and
1810-22.34b of this Code who has completed training under
19subsection (g) of this Section to recognize and respond to
20anaphylaxis.
21    "Undesignated epinephrine injector auto-injector" means an
22epinephrine injector auto-injector prescribed in the name of a
23school district, public school, or nonpublic school.
24    (b) A school, whether public or nonpublic, must permit the
25self-administration and self-carry of asthma medication by a
26pupil with asthma or the self-administration and self-carry of

 

 

10000SB2889sam001- 4 -LRB100 19109 MJP 36758 a

1an epinephrine injector auto-injector by a pupil, provided
2that:
3        (1) the parents or guardians of the pupil provide to
4    the school (i) written authorization from the parents or
5    guardians for (A) the self-administration and self-carry
6    of asthma medication or (B) the self-carry of asthma
7    medication or (ii) for (A) the self-administration and
8    self-carry of an epinephrine injector auto-injector or (B)
9    the self-carry of an epinephrine injector auto-injector,
10    written authorization from the pupil's physician,
11    physician assistant, or advanced practice registered
12    nurse; and
13        (2) the parents or guardians of the pupil provide to
14    the school (i) the prescription label, which must contain
15    the name of the asthma medication, the prescribed dosage,
16    and the time at which or circumstances under which the
17    asthma medication is to be administered, or (ii) for the
18    self-administration or self-carry of an epinephrine
19    injector auto-injector, a written statement from the
20    pupil's physician, physician assistant, or advanced
21    practice registered nurse containing the following
22    information:
23            (A) the name and purpose of the epinephrine
24        injector auto-injector;
25            (B) the prescribed dosage; and
26            (C) the time or times at which or the special

 

 

10000SB2889sam001- 5 -LRB100 19109 MJP 36758 a

1        circumstances under which the epinephrine injector
2        auto-injector is to be administered.
3The information provided shall be kept on file in the office of
4the school nurse or, in the absence of a school nurse, the
5school's administrator.
6    (b-5) A school district, public school, or nonpublic school
7may authorize the provision of a student-specific or
8undesignated epinephrine injector auto-injector to a student
9or any personnel authorized under a student's Individual Health
10Care Action Plan, Illinois Food Allergy Emergency Action Plan
11and Treatment Authorization Form, or plan pursuant to Section
12504 of the federal Rehabilitation Act of 1973 to administer an
13epinephrine injector auto-injector to the student, that meets
14the student's prescription on file.
15    (b-10) The school district, public school, or nonpublic
16school may authorize a school nurse or trained personnel to do
17the following: (i) provide an undesignated epinephrine
18injector auto-injector to a student for self-administration
19only or any personnel authorized under a student's Individual
20Health Care Action Plan, Illinois Food Allergy Emergency Action
21Plan and Treatment Authorization Form, or plan pursuant to
22Section 504 of the federal Rehabilitation Act of 1973 to
23administer to the student, that meets the student's
24prescription on file; (ii) administer an undesignated
25epinephrine injector auto-injector that meets the prescription
26on file to any student who has an Individual Health Care Action

 

 

10000SB2889sam001- 6 -LRB100 19109 MJP 36758 a

1Plan, Illinois Food Allergy Emergency Action Plan and Treatment
2Authorization Form, or plan pursuant to Section 504 of the
3federal Rehabilitation Act of 1973 that authorizes the use of
4an epinephrine injector auto-injector; (iii) administer an
5undesignated epinephrine injector auto-injector to any person
6that the school nurse or trained personnel in good faith
7believes is having an anaphylactic reaction; and (iv)
8administer an opioid antagonist to any person that the school
9nurse or trained personnel in good faith believes is having an
10opioid overdose.
11    (c) The school district, public school, or nonpublic school
12must inform the parents or guardians of the pupil, in writing,
13that the school district, public school, or nonpublic school
14and its employees and agents, including a physician, physician
15assistant, or advanced practice registered nurse providing
16standing protocol or prescription for school epinephrine
17injectors auto-injectors, are to incur no liability or
18professional discipline, except for willful and wanton
19conduct, as a result of any injury arising from the
20administration of asthma medication, an epinephrine injector
21auto-injector, or an opioid antagonist regardless of whether
22authorization was given by the pupil's parents or guardians or
23by the pupil's physician, physician assistant, or advanced
24practice registered nurse. The parents or guardians of the
25pupil must sign a statement acknowledging that the school
26district, public school, or nonpublic school and its employees

 

 

10000SB2889sam001- 7 -LRB100 19109 MJP 36758 a

1and agents are to incur no liability, except for willful and
2wanton conduct, as a result of any injury arising from the
3administration of asthma medication, an epinephrine injector
4auto-injector, or an opioid antagonist regardless of whether
5authorization was given by the pupil's parents or guardians or
6by the pupil's physician, physician assistant, or advanced
7practice registered nurse and that the parents or guardians
8must indemnify and hold harmless the school district, public
9school, or nonpublic school and its employees and agents
10against any claims, except a claim based on willful and wanton
11conduct, arising out of the administration of asthma
12medication, an epinephrine injector auto-injector, or an
13opioid antagonist regardless of whether authorization was
14given by the pupil's parents or guardians or by the pupil's
15physician, physician assistant, or advanced practice
16registered nurse.
17    (c-5) When a school nurse or trained personnel administers
18an undesignated epinephrine injector auto-injector to a person
19whom the school nurse or trained personnel in good faith
20believes is having an anaphylactic reaction or administers an
21opioid antagonist to a person whom the school nurse or trained
22personnel in good faith believes is having an opioid overdose,
23notwithstanding the lack of notice to the parents or guardians
24of the pupil or the absence of the parents or guardians signed
25statement acknowledging no liability, except for willful and
26wanton conduct, the school district, public school, or

 

 

10000SB2889sam001- 8 -LRB100 19109 MJP 36758 a

1nonpublic school and its employees and agents, and a physician,
2a physician assistant, or an advanced practice registered nurse
3providing standing protocol or prescription for undesignated
4epinephrine injectors auto-injectors, are to incur no
5liability or professional discipline, except for willful and
6wanton conduct, as a result of any injury arising from the use
7of an undesignated epinephrine injector auto-injector or the
8use of an opioid antagonist regardless of whether authorization
9was given by the pupil's parents or guardians or by the pupil's
10physician, physician assistant, or advanced practice
11registered nurse.
12    (d) The permission for self-administration and self-carry
13of asthma medication or the self-administration and self-carry
14of an epinephrine injector auto-injector is effective for the
15school year for which it is granted and shall be renewed each
16subsequent school year upon fulfillment of the requirements of
17this Section.
18    (e) Provided that the requirements of this Section are
19fulfilled, a pupil with asthma may self-administer and
20self-carry his or her asthma medication or a pupil may
21self-administer and self-carry an epinephrine injector
22auto-injector (i) while in school, (ii) while at a
23school-sponsored activity, (iii) while under the supervision
24of school personnel, or (iv) before or after normal school
25activities, such as while in before-school or after-school care
26on school-operated property or while being transported on a

 

 

10000SB2889sam001- 9 -LRB100 19109 MJP 36758 a

1school bus.
2    (e-5) Provided that the requirements of this Section are
3fulfilled, a school nurse or trained personnel may administer
4an undesignated epinephrine injector auto-injector to any
5person whom the school nurse or trained personnel in good faith
6believes to be having an anaphylactic reaction (i) while in
7school, (ii) while at a school-sponsored activity, (iii) while
8under the supervision of school personnel, or (iv) before or
9after normal school activities, such as while in before-school
10or after-school care on school-operated property or while being
11transported on a school bus. A school nurse or trained
12personnel may carry undesignated epinephrine injectors
13auto-injectors on his or her person while in school or at a
14school-sponsored activity.
15    (e-10) Provided that the requirements of this Section are
16fulfilled, a school nurse or trained personnel may administer
17an opioid antagonist to any person whom the school nurse or
18trained personnel in good faith believes to be having an opioid
19overdose (i) while in school, (ii) while at a school-sponsored
20activity, (iii) while under the supervision of school
21personnel, or (iv) before or after normal school activities,
22such as while in before-school or after-school care on
23school-operated property. A school nurse or trained personnel
24may carry an opioid antagonist on their person while in school
25or at a school-sponsored activity.
26    (f) The school district, public school, or nonpublic school

 

 

10000SB2889sam001- 10 -LRB100 19109 MJP 36758 a

1may maintain a supply of undesignated epinephrine injectors
2auto-injectors in any secure location that is accessible
3before, during, and after school where an allergic person is
4most at risk, including, but not limited to, classrooms and
5lunchrooms. A physician, a physician assistant who has been
6delegated prescriptive authority in accordance with Section
77.5 of the Physician Assistant Practice Act of 1987, or an
8advanced practice registered nurse who has been delegated
9prescriptive authority in accordance with Section 65-40 of the
10Nurse Practice Act may prescribe undesignated epinephrine
11injectors auto-injectors in the name of the school district,
12public school, or nonpublic school to be maintained for use
13when necessary. Any supply of epinephrine injectors
14auto-injectors shall be maintained in accordance with the
15manufacturer's instructions.
16    The school district, public school, or nonpublic school may
17maintain a supply of an opioid antagonist in any secure
18location where an individual may have an opioid overdose. A
19health care professional who has been delegated prescriptive
20authority for opioid antagonists in accordance with Section
215-23 of the Alcoholism and Other Drug Abuse and Dependency Act
22may prescribe opioid antagonists in the name of the school
23district, public school, or nonpublic school, to be maintained
24for use when necessary. Any supply of opioid antagonists shall
25be maintained in accordance with the manufacturer's
26instructions.

 

 

10000SB2889sam001- 11 -LRB100 19109 MJP 36758 a

1    (f-3) Whichever entity initiates the process of obtaining
2undesignated epinephrine injectors auto-injectors and
3providing training to personnel for carrying and administering
4undesignated epinephrine injectors auto-injectors shall pay
5for the costs of the undesignated epinephrine injectors
6auto-injectors.
7    (f-5) Upon any administration of an epinephrine injector
8auto-injector, a school district, public school, or nonpublic
9school must immediately activate the EMS system and notify the
10student's parent, guardian, or emergency contact, if known.
11    Upon any administration of an opioid antagonist, a school
12district, public school, or nonpublic school must immediately
13activate the EMS system and notify the student's parent,
14guardian, or emergency contact, if known.
15    (f-10) Within 24 hours of the administration of an
16undesignated epinephrine injector auto-injector, a school
17district, public school, or nonpublic school must notify the
18physician, physician assistant, or advanced practice
19registered nurse who provided the standing protocol or
20prescription for the undesignated epinephrine injector
21auto-injector of its use.
22    Within 24 hours after the administration of an opioid
23antagonist, a school district, public school, or nonpublic
24school must notify the health care professional who provided
25the prescription for the opioid antagonist of its use.
26    (g) Prior to the administration of an undesignated

 

 

10000SB2889sam001- 12 -LRB100 19109 MJP 36758 a

1epinephrine injector auto-injector, trained personnel must
2submit to their school's administration proof of completion of
3a training curriculum to recognize and respond to anaphylaxis
4that meets the requirements of subsection (h) of this Section.
5Training must be completed annually. The school district,
6public school, or nonpublic school must maintain records
7related to the training curriculum and trained personnel.
8    Prior to the administration of an opioid antagonist,
9trained personnel must submit to their school's administration
10proof of completion of a training curriculum to recognize and
11respond to an opioid overdose, which curriculum must meet the
12requirements of subsection (h-5) of this Section. Training must
13be completed annually. Trained personnel must also submit to
14the school's administration proof of cardiopulmonary
15resuscitation and automated external defibrillator
16certification. The school district, public school, or
17nonpublic school must maintain records relating to the training
18curriculum and the trained personnel.
19    (h) A training curriculum to recognize and respond to
20anaphylaxis, including the administration of an undesignated
21epinephrine injector auto-injector, may be conducted online or
22in person.
23    Training shall include, but is not limited to:
24        (1) how to recognize signs and symptoms of an allergic
25    reaction, including anaphylaxis;
26        (2) how to administer an epinephrine injector

 

 

10000SB2889sam001- 13 -LRB100 19109 MJP 36758 a

1    auto-injector; and
2        (3) a test demonstrating competency of the knowledge
3    required to recognize anaphylaxis and administer an
4    epinephrine injector auto-injector.
5    Training may also include, but is not limited to:
6        (A) a review of high-risk areas within a school and its
7    related facilities;
8        (B) steps to take to prevent exposure to allergens;
9        (C) emergency follow-up procedures;
10        (D) how to respond to a student with a known allergy,
11    as well as a student with a previously unknown allergy; and
12        (E) other criteria as determined in rules adopted
13    pursuant to this Section.
14    In consultation with statewide professional organizations
15representing physicians licensed to practice medicine in all of
16its branches, registered nurses, and school nurses, the State
17Board of Education shall make available resource materials
18consistent with criteria in this subsection (h) for educating
19trained personnel to recognize and respond to anaphylaxis. The
20State Board may take into consideration the curriculum on this
21subject developed by other states, as well as any other
22curricular materials suggested by medical experts and other
23groups that work on life-threatening allergy issues. The State
24Board is not required to create new resource materials. The
25State Board shall make these resource materials available on
26its Internet website.

 

 

10000SB2889sam001- 14 -LRB100 19109 MJP 36758 a

1    (h-5) A training curriculum to recognize and respond to an
2opioid overdose, including the administration of an opioid
3antagonist, may be conducted online or in person. The training
4must comply with any training requirements under Section 5-23
5of the Alcoholism and Other Drug Abuse and Dependency Act and
6the corresponding rules. It must include, but is not limited
7to:
8        (1) how to recognize symptoms of an opioid overdose;
9        (2) information on drug overdose prevention and
10    recognition;
11        (3) how to perform rescue breathing and resuscitation;
12        (4) how to respond to an emergency involving an opioid
13    overdose;
14        (5) opioid antagonist dosage and administration;
15        (6) the importance of calling 911;
16        (7) care for the overdose victim after administration
17    of the overdose antagonist;
18        (8) a test demonstrating competency of the knowledge
19    required to recognize an opioid overdose and administer a
20    dose of an opioid antagonist; and
21        (9) other criteria as determined in rules adopted
22    pursuant to this Section.
23    (i) Within 3 days after the administration of an
24undesignated epinephrine injector auto-injector by a school
25nurse, trained personnel, or a student at a school or
26school-sponsored activity, the school must report to the State

 

 

10000SB2889sam001- 15 -LRB100 19109 MJP 36758 a

1Board of Education in a form and manner prescribed by the State
2Board the following information:
3        (1) age and type of person receiving epinephrine
4    (student, staff, visitor);
5        (2) any previously known diagnosis of a severe allergy;
6        (3) trigger that precipitated allergic episode;
7        (4) location where symptoms developed;
8        (5) number of doses administered;
9        (6) type of person administering epinephrine (school
10    nurse, trained personnel, student); and
11        (7) any other information required by the State Board.
12    If a school district, public school, or nonpublic school
13maintains or has an independent contractor providing
14transportation to students who maintains a supply of
15undesignated epinephrine injectors auto-injectors, then the
16school district, public school, or nonpublic school must report
17that information to the State Board of Education upon adoption
18or change of the policy of the school district, public school,
19nonpublic school, or independent contractor, in a manner as
20prescribed by the State Board. The report must include the
21number of undesignated epinephrine injectors auto-injectors in
22supply.
23    (i-5) Within 3 days after the administration of an opioid
24antagonist by a school nurse or trained personnel, the school
25must report to the State Board of Education, in a form and
26manner prescribed by the State Board, the following

 

 

10000SB2889sam001- 16 -LRB100 19109 MJP 36758 a

1information:
2        (1) the age and type of person receiving the opioid
3    antagonist (student, staff, or visitor);
4        (2) the location where symptoms developed;
5        (3) the type of person administering the opioid
6    antagonist (school nurse or trained personnel); and
7        (4) any other information required by the State Board.
8    (j) By October 1, 2015 and every year thereafter, the State
9Board of Education shall submit a report to the General
10Assembly identifying the frequency and circumstances of
11epinephrine administration during the preceding academic year.
12Beginning with the 2017 report, the report shall also contain
13information on which school districts, public schools, and
14nonpublic schools maintain or have independent contractors
15providing transportation to students who maintain a supply of
16undesignated epinephrine injectors auto-injectors. This report
17shall be published on the State Board's Internet website on the
18date the report is delivered to the General Assembly.
19    (j-5) Annually, each school district, public school,
20charter school, or nonpublic school shall request an asthma
21action plan from the parents or guardians of a pupil with
22asthma. If provided, the asthma action plan must be kept on
23file in the office of the school nurse or, in the absence of a
24school nurse, the school administrator. Copies of the asthma
25action plan may be distributed to appropriate school staff who
26interact with the pupil on a regular basis, and, if applicable,

 

 

10000SB2889sam001- 17 -LRB100 19109 MJP 36758 a

1may be attached to the pupil's federal Section 504 plan or
2individualized education program plan.
3    (j-10) To assist schools with emergency response
4procedures for asthma, the State Board of Education, in
5consultation with statewide professional organizations with
6expertise in asthma management and a statewide organization
7representing school administrators, shall develop a model
8asthma episode emergency response protocol before September 1,
92016. Each school district, charter school, and nonpublic
10school shall adopt an asthma episode emergency response
11protocol before January 1, 2017 that includes all of the
12components of the State Board's model protocol.
13    (j-15) Every 2 years, school personnel who work with pupils
14shall complete an in-person or online training program on the
15management of asthma, the prevention of asthma symptoms, and
16emergency response in the school setting. In consultation with
17statewide professional organizations with expertise in asthma
18management, the State Board of Education shall make available
19resource materials for educating school personnel about asthma
20and emergency response in the school setting.
21    (j-20) On or before October 1, 2016 and every year
22thereafter, the State Board of Education shall submit a report
23to the General Assembly and the Department of Public Health
24identifying the frequency and circumstances of opioid
25antagonist administration during the preceding academic year.
26This report shall be published on the State Board's Internet

 

 

10000SB2889sam001- 18 -LRB100 19109 MJP 36758 a

1website on the date the report is delivered to the General
2Assembly.
3    (k) The State Board of Education may adopt rules necessary
4to implement this Section.
5    (l) Nothing in this Section shall limit the amount of
6epinephrine injectors auto-injectors that any type of school or
7student may carry or maintain a supply of.
8(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
999-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff.
108-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
 
11    Section 10. The Epinephrine Auto-Injector Act is amended by
12changing Sections 1, 5, 10, 15, and 20 as follows:
 
13    (410 ILCS 27/1)
14    Sec. 1. Short title. This Act may be cited as the
15Epinephrine Injector Auto-Injector Act.
16(Source: P.A. 99-711, eff. 1-1-17.)
 
17    (410 ILCS 27/5)
18    Sec. 5. Definitions. As used in this Act:
19    "Administer" means to directly apply an epinephrine
20injector auto-injector to the body of an individual.
21    "Authorized entity" means any entity or organization,
22other than a school covered under Section 22-30 of the School
23Code, in connection with or at which allergens capable of

 

 

10000SB2889sam001- 19 -LRB100 19109 MJP 36758 a

1causing anaphylaxis may be present, including, but not limited
2to, independent contractors who provide student transportation
3to schools, recreation camps, colleges and universities, day
4care facilities, youth sports leagues, amusement parks,
5restaurants, sports arenas, and places of employment. The
6Department shall, by rule, determine what constitutes a day
7care facility under this definition.
8    "Department" means the Department of Public Health.
9    "Epinephrine injector" includes an auto-injector for the
10administration of epinephrine or a pre-filled syringe used for
11the administration of epinephrine that contains a pre-measured
12dose of epinephrine that is equivalent to the dosages used in
13an auto-injector.
14    "Epinephrine auto-injector" means a single-use device used
15for the automatic injection of a pre-measured dose of
16epinephrine into the human body.
17    "Health care practitioner" means a physician licensed to
18practice medicine in all its branches under the Medical
19Practice Act of 1987, a physician assistant under the Physician
20Assistant Practice Act of 1987 with prescriptive authority, or
21an advanced practice registered nurse with prescribing
22authority under Article 65 of the Nurse Practice Act.
23    "Pharmacist" has the meaning given to that term under
24subsection (k-5) of Section 3 of the Pharmacy Practice Act.
25    "Undesignated epinephrine injector auto-injector" means an
26epinephrine injector auto-injector prescribed in the name of an

 

 

10000SB2889sam001- 20 -LRB100 19109 MJP 36758 a

1authorized entity.
2(Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
3    (410 ILCS 27/10)
4    Sec. 10. Prescription to authorized entity; use; training.
5    (a) A health care practitioner may prescribe epinephrine
6injectors auto-injectors in the name of an authorized entity
7for use in accordance with this Act, and pharmacists and health
8care practitioners may dispense epinephrine injectors
9auto-injectors pursuant to a prescription issued in the name of
10an authorized entity. Such prescriptions shall be valid for a
11period of 2 years.
12    (b) An authorized entity may acquire and stock a supply of
13undesignated epinephrine injectors auto-injectors pursuant to
14a prescription issued under subsection (a) of this Section.
15Such undesignated epinephrine injectors auto-injectors shall
16be stored in a location readily accessible in an emergency and
17in accordance with the instructions for use of the epinephrine
18injectors auto-injectors. The Department may establish any
19additional requirements an authorized entity must follow under
20this Act.
21    (c) An employee or agent of an authorized entity or other
22individual who has completed training under subsection (d) of
23this Section may:
24        (1) provide an epinephrine injector auto-injector to
25    any individual on the property of the authorized entity

 

 

10000SB2889sam001- 21 -LRB100 19109 MJP 36758 a

1    whom the employee, agent, or other individual believes in
2    good faith is experiencing anaphylaxis, or to the parent,
3    guardian, or caregiver of such individual, for immediate
4    administration, regardless of whether the individual has a
5    prescription for an epinephrine injector auto-injector or
6    has previously been diagnosed with an allergy; or
7        (2) administer an epinephrine injector auto-injector
8    to any individual on the property of the authorized entity
9    whom the employee, agent, or other individual believes in
10    good faith is experiencing anaphylaxis, regardless of
11    whether the individual has a prescription for an
12    epinephrine injector auto-injector or has previously been
13    diagnosed with an allergy.
14    (d) An employee, agent, or other individual authorized must
15complete an anaphylaxis training program before he or she is
16able to provide or administer an epinephrine injector
17auto-injector under this Section. Such training shall be valid
18for a period of 2 years and shall be conducted by a nationally
19recognized organization experienced in training laypersons in
20emergency health treatment. The Department shall include links
21to training providers' websites on its website.
22    Training shall include, but is not limited to:
23        (1) how to recognize signs and symptoms of an allergic
24    reaction, including anaphylaxis;
25        (2) how to administer an epinephrine injector
26    auto-injector; and

 

 

10000SB2889sam001- 22 -LRB100 19109 MJP 36758 a

1        (3) a test demonstrating competency of the knowledge
2    required to recognize anaphylaxis and administer an
3    epinephrine injector auto-injector.
4    Training may also include, but is not limited to:
5        (A) a review of high-risk areas on the authorized
6    entity's property and its related facilities;
7        (B) steps to take to prevent exposure to allergens;
8        (C) emergency follow-up procedures; and
9        (D) other criteria as determined in rules adopted
10    pursuant to this Act.
11    Training may be conducted either online or in person. The
12Department shall approve training programs and list permitted
13training programs on the Department's Internet website.
14(Source: P.A. 99-711, eff. 1-1-17.)
 
15    (410 ILCS 27/15)
16    Sec. 15. Costs. Whichever entity initiates the process of
17obtaining undesignated epinephrine injector auto-injectors and
18providing training to personnel for carrying and administering
19undesignated epinephrine injector auto-injectors shall pay for
20the costs of the undesignated epinephrine injectors
21auto-injectors.
22(Source: P.A. 99-711, eff. 1-1-17.)
 
23    (410 ILCS 27/20)
24    Sec. 20. Limitations. The use of an undesignated

 

 

10000SB2889sam001- 23 -LRB100 19109 MJP 36758 a

1epinephrine injector auto-injector in accordance with the
2requirements of this Act does not constitute the practice of
3medicine or any other profession that requires medical
4licensure.
5    Nothing in this Act shall limit the amount of epinephrine
6injectors auto-injectors that an authorized entity or
7individual may carry or maintain a supply of.
8(Source: P.A. 99-711, eff. 1-1-17.)
 
9    Section 15. The Illinois Food, Drug and Cosmetic Act is
10amended by changing Section 3.21 as follows:
 
11    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
12    Sec. 3.21. Except as authorized by this Act, the Illinois
13Controlled Substances Act, the Pharmacy Practice Act, the
14Dental Practice Act, the Medical Practice Act of 1987, the
15Veterinary Medicine and Surgery Practice Act of 2004, the
16Podiatric Medical Practice Act of 1987, Section 22-30 of the
17School Code, Section 40 of the State Police Act, Section 10.19
18of the Illinois Police Training Act, or the Epinephrine
19Injector Auto-Injector Act, to sell or dispense a prescription
20drug without a prescription.
21(Source: P.A. 99-78, eff. 7-20-15; 99-711, eff. 1-1-17.)".