HB5200ham001 99TH GENERAL ASSEMBLY

Rep. Natalie A. Manley

Filed: 2/23/2016

09900HB5200ham001 LRB099 17312 AWJ 45236 a

AMENDMENT TO HOUSE BILL 5200

AMENDMENT NO. ______. Amend House Bill 5200 by replacing everything after the enacting clause with the following:

"Section 5. The State Police Act is amended by adding Section 40 as follows:

(20 ILCS 2610/40 new)

Sec. 40. Training; administration of epinephrine.

(a) For the purposes of this Section:

"Epinephrine auto-injector" means a single-use device used for the automatic injection of a pre-measured dose of epinephrine into the human body.

"Undesignated epinephrine auto-injector" means an epinephrine auto-injector prescribed in the name of the Department.

(b) The Department shall conduct or approve a training program for State Police officers to recognize and respond to anaphylaxis including, but is not limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) how to respond to an emergency involving an allergic reaction;

(3) how to administer an epinephrine auto-injector;

(4) how to respond to an individual with a known allergy as well as an individual with a previously unknown allergy;

(5) a test demonstrating competency of the knowledge required to recognize anaphylaxis and administer an epinephrine auto-injector; and

(6) other criteria as determined in rules adopted by the Department.

In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches and registered nurses, the Department shall make available resource materials consistent with criteria in this subsection (b) for educating trained personnel to recognize and respond to anaphylaxis. The Department may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The Department is not required to create new resource materials. The Department shall make these resource materials available on its Internet website.

(c) The Department shall require all State Police officers to complete the training program under subsection (b) and to carry Department-provided undesignated epinephrine auto-injectors whenever he or she is performing official duties. A State Police officer may: (i) provide an undesignated epinephrine auto-injector to an individual for self-administration; and (ii) administer an undesignated epinephrine auto-injector to any person that the State Police officer in good faith believes is having an anaphylactic reaction.

(d) Within 24 hours of the administration of an undesignated epinephrine auto-injector, the Department must notify the physician, physician assistant, or advance practice nurse who provided the standing protocol or prescription for the undesignated epinephrine auto-injector of its use.

(e) A physician, a physician assistant who has been delegated prescriptive authority for epinephrine auto-injectors in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice nurse who has been delegated prescriptive authority for epinephrine auto-injectors in accordance with Section 65-40 of the Nurse Practice Act may prescribe or issue standing protocol for undesignated epinephrine auto-injectors in the name of the Department to be maintained for use when necessary. Any supply of undesignated epinephrine auto-injectors shall be maintained in accordance with the manufacturer's instructions.

(f) When a State Police officer administers or fails to administer an epinephrine auto-injector in good faith, the officer and the Department, its employees and agents, and any physician, physician assistant, or advanced practice registered nurse providing a standing protocol or a prescription for epinephrine auto-injectors, incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use or non-use of an epinephrine auto-injector.

(g) By October 1, 2017 and every year thereafter, the Department shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine administration during the preceding year. This report shall be published on the Department's Internet website on the date the report is delivered to the General Assembly.

Section 10. The Illinois Police Training Act is amended by adding Section 10.19 as follows:

(50 ILCS 705/10.19 new)

Sec. 10.19. Training; administration of epinephrine.

(a) For the purposes of this Section:

"Epinephrine auto-injector" means a single-use device used for the automatic injection of a pre-measured dose of epinephrine into the human body.

"Undesignated epinephrine auto-injector" means an epinephrine auto-injector prescribed in the name of a local governmental agency.

(b) The Board shall conduct or approve a training program for police officers to recognize and respond to anaphylaxis including, but is not limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) how to respond to an emergency involving an allergic reaction;

(3) how to administer an epinephrine auto-injector;

(4) how to respond to an individual with a known allergy as well as an individual with a previously unknown allergy;

(5) a test demonstrating competency of the knowledge required to recognize anaphylaxis and administer an epinephrine auto-injector; and

(6) other criteria as determined in rules adopted by the Board.

In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches and registered nurses, the Board shall make available resource materials consistent with criteria in this subsection (b) for educating trained personnel to recognize and respond to anaphylaxis. The Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The Board is not required to create new resource materials. The Board shall make these resource materials available on its Internet website.

(c) The Board shall require all police officers to complete the training program under subsection (b) and to carry undesignated epinephrine auto-injectors provided by a local governmental agency whenever he or she is performing official duties. A police officer may: (i) provide an undesignated epinephrine auto-injector to an individual for self-administration; and (ii) administer an undesignated epinephrine auto-injector to any person that the police officer in good faith believes is having an anaphylactic reaction.

(d) Within 24 hours of the administration of an undesignated epinephrine auto-injector, a local governmental agency must notify the physician, physician assistant, or advance practice nurse who provided the standing protocol or prescription for the undesignated epinephrine auto-injector of its use.

Within 3 days after the administration of an undesignated epinephrine auto-injector by a police officer, a local government agency must report to the Board in a form and manner prescribed by the Board the following information:

(1) age and type of person receiving epinephrine;

(2) any previously known diagnosis of a severe allergy, if known;

(3) trigger that precipitated allergic episode, if known;

(4) location where symptoms developed, if known;

(5) number of doses administered; and

(6) any other information required by the Board.

(e) A physician, a physician assistant who has been delegated prescriptive authority for epinephrine auto-injectors in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice nurse who has been delegated prescriptive authority for epinephrine auto-injectors in accordance with Section 65-40 of the Nurse Practice Act may prescribe or issue standing protocol for undesignated epinephrine auto-injectors in the name of the local governmental agency to be maintained for use when necessary. Any supply of undesignated epinephrine auto-injectors shall be maintained in accordance with the manufacturer's instructions.

(f) When a police officer administers or fails to administer an epinephrine auto-injector in good faith, the officer and the local governmental agency, its employees and agents, and any physician, physician assistant, or advanced practice registered nurse providing a standing protocol or a prescription for epinephrine auto-injectors, incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use or non-use of an epinephrine auto-injector.

(g) By October 1, 2017 and every year thereafter, the Board shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine administration during the preceding year. This report shall be published on the Board's Internet website on the date the report is delivered to the General Assembly.

Section 15. The Illinois Food, Drug and Cosmetic Act is amended by changing Section 3.21 as follows:

(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)

Sec. 3.21. Except as authorized by this Act, the Illinois Controlled Substances Act, the Pharmacy Practice Act, the Dental Practice Act, the Medical Practice Act of 1987, the Veterinary Medicine and Surgery Practice Act of 2004, the Podiatric Medical Practice Act of 1987, or Section 22-30 of the School Code, Section 40 of the State Police Act, or Section 10.19 of the Illinois Police Training Act to sell or dispense a prescription drug without a prescription.

(Source: P.A. 99-78, eff. 7-20-15.)".