HB2462 104TH GENERAL ASSEMBLY

LRB104 08649 BDA 18702 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2462

Introduced 2/4/2025, by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

410 ILCS 27/5
410 ILCS 27/10
410 ILCS 27/25 new
745 ILCS 49/66 new

Amends the Epinephrine Injector Act. Defines "authorized individual". Adds references to "authorized individual" in provisions regarding those persons who may provide or administer an epinephrine injector. Requires the issuance of a certificate upon completion of an anaphylaxis training program. Adds provisions regarding good Samaritan protections. Amends the Good Samaritan Act. Limits the liability of authorized individuals who may provide or administer an epinephrine injector.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Epinephrine Injector Act is amended by changing Sections 5 and 10 and by adding Section 25 as follows:

(410 ILCS 27/5)

Sec. 5. Definitions. As used in this Act:

"Administer" means to directly apply an epinephrine injector to the body of an individual.

"Authorized entity" means any entity or organization, other than a school covered under Section 22-30 of the School Code, in connection with or at which allergens capable of causing anaphylaxis may be present, including, but not limited to, independent contractors who provide student transportation to schools, recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, restaurants, sports arenas, and places of employment. The Department shall, by rule, determine what constitutes a day care facility under this definition.

"Authorized individual" means an individual who has successfully completed the training program under Section 10 of this Act.

"Department" means the Department of Public Health.

"Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.

"Health care practitioner" means a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987, a physician assistant under the Physician Assistant Practice Act of 1987 with prescriptive authority, or an advanced practice registered nurse with prescribing authority under Article 65 of the Nurse Practice Act.

"Pharmacist" has the meaning given to that term under subsection (k-5) of Section 3 of the Pharmacy Practice Act.

"Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of an authorized entity.

(Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18; 100-799, eff. 1-1-19.)

(410 ILCS 27/10)

Sec. 10. Prescription to authorized entity; use; training.

(a) A health care practitioner may prescribe epinephrine injectors in the name of an authorized entity for use in accordance with this Act, and pharmacists and health care practitioners may dispense epinephrine injectors pursuant to a prescription issued in the name of an authorized entity. Such prescriptions shall be valid for a period of 2 years.

(b) An authorized entity may acquire and stock a supply of undesignated epinephrine injectors pursuant to a prescription issued under subsection (a) of this Section. Such undesignated epinephrine injectors shall be stored in a location readily accessible in an emergency and in accordance with the instructions for use of the epinephrine injectors. The Department may establish any additional requirements an authorized entity must follow under this Act.

(c) An employee or agent of an authorized entity who is an authorized individual or any other other individual who is an authorized individual has completed training under subsection (d) of this Section may:

(1) provide an epinephrine injector to any individual on the property of the authorized entity whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine injector or has previously been diagnosed with an allergy; or

(2) administer an epinephrine injector to any individual on the property of the authorized entity whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine injector or has previously been diagnosed with an allergy.

(d) An employee, agent, or other individual authorized must complete an anaphylaxis training program before he or she is able to provide or administer an epinephrine injector under this Section. Such training shall be valid for a period of 2 years and shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment. The Department shall include links to training providers' websites on its website.

Training shall include, but is not limited to:

(1) how to recognize signs and symptoms of an allergic reaction, including anaphylaxis;

(2) how to administer an epinephrine injector; and

(3) a test demonstrating competency of the knowledge required to recognize anaphylaxis and administer an epinephrine injector.

Training may also include, but is not limited to:

(A) a review of high-risk areas on the authorized entity's property and its related facilities;

(B) steps to take to prevent exposure to allergens;

(C) emergency follow-up procedures; and

(D) other criteria as determined in rules adopted pursuant to this Act.

Training may be conducted either online or in person. The entity or individual conducting the training shall issue a certificate to each person who successfully completes the anaphylaxis training program. The Department shall approve training programs and list permitted training programs on the Department's Internet website.

(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.)

(410 ILCS 27/25 new)

Sec. 25. Good Samaritan protections. Any act or omission taken in good faith pursuant to this Act by any of the following entities or individuals shall be considered emergency care, advice, or assistance under the Good Samaritan Act: (i) an authorized entity that possesses and makes available epinephrine injectors and its employees or agents; (ii) an authorized individual who possesses, makes available, and administers epinephrine injectors; (iii) a pharmacy or manufacturer that dispenses epinephrine injectors to an authorized entity or authorized individual; or (iv) an individual or entity that conducts the training described in subsection (d) of Section 10 of this Act.

Section 10. The Good Samaritan Act is amended by adding Section 66 as follows:

(745 ILCS 49/66 new)

Sec. 66. Provision and administration of epinephrine injectors. Any person meeting the definition of "authorized individual" under the Epinephrine Injector Act who acts in good faith to provide or administer epinephrine injectors pursuant to that Act, shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of that person, be liable to a person to whom such epinephrine injector is given to or administered for civil damages.