Full Text of HB5200 99th General Assembly
HB5200ham001 99TH GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 2/23/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5200
| 2 | | AMENDMENT NO. ______. Amend House Bill 5200 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by adding | 5 | | Section 40 as follows: | 6 | | (20 ILCS 2610/40 new) | 7 | | Sec. 40. Training; administration of epinephrine. | 8 | | (a) For the purposes of this Section: | 9 | | "Epinephrine auto-injector" means a single-use device used | 10 | | for the automatic injection of a pre-measured dose of | 11 | | epinephrine into the human body. | 12 | | "Undesignated epinephrine auto-injector" means an | 13 | | epinephrine auto-injector prescribed in the name of the | 14 | | Department. | 15 | | (b) The Department shall conduct or approve a training | 16 | | program for State Police officers to recognize and respond to |
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| 1 | | anaphylaxis including, but is not limited to: | 2 | | (1) how to recognize symptoms of an allergic reaction; | 3 | | (2) how to respond to an emergency involving an | 4 | | allergic reaction; | 5 | | (3) how to administer an epinephrine auto-injector; | 6 | | (4) how to respond to an individual with a known | 7 | | allergy as well as an individual with a previously unknown | 8 | | allergy; | 9 | | (5) a test demonstrating competency of the knowledge | 10 | | required to recognize anaphylaxis and administer an | 11 | | epinephrine auto-injector; and | 12 | | (6) other criteria as determined in rules adopted by | 13 | | the Department. | 14 | | In consultation with statewide professional organizations | 15 | | representing physicians licensed to practice medicine in all of | 16 | | its branches and registered nurses, the Department shall make | 17 | | available resource materials consistent with criteria in this | 18 | | subsection (b) for educating trained personnel to recognize and | 19 | | respond to anaphylaxis. The Department may take into | 20 | | consideration the curriculum on this subject developed by other | 21 | | states, as well as any other curricular materials suggested by | 22 | | medical experts and other groups that work on life-threatening | 23 | | allergy issues. The Department is not required to create new | 24 | | resource materials. The Department shall make these resource | 25 | | materials available on its Internet website. | 26 | | (c) The Department shall require all State Police officers |
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| 1 | | to complete the training program under subsection (b) and to | 2 | | carry Department-provided undesignated epinephrine | 3 | | auto-injectors whenever he or she is performing official | 4 | | duties. A State Police officer may: (i) provide an undesignated | 5 | | epinephrine auto-injector to an individual for | 6 | | self-administration; and (ii) administer an undesignated | 7 | | epinephrine auto-injector to any person that the State Police | 8 | | officer in good faith believes is having an anaphylactic | 9 | | reaction. | 10 | | (d) Within 24 hours of the administration of an | 11 | | undesignated epinephrine auto-injector, the Department must | 12 | | notify the physician, physician assistant, or advance practice | 13 | | nurse who provided the standing protocol or prescription for | 14 | | the undesignated epinephrine auto-injector of its use. | 15 | | (e) A physician, a physician assistant who has been | 16 | | delegated prescriptive authority for epinephrine | 17 | | auto-injectors in accordance with Section 7.5 of the Physician | 18 | | Assistant Practice Act of 1987, or an advanced practice nurse | 19 | | who has been delegated prescriptive authority for epinephrine | 20 | | auto-injectors in accordance with Section 65-40 of the Nurse | 21 | | Practice Act may prescribe or issue standing protocol for | 22 | | undesignated epinephrine auto-injectors in the name of the | 23 | | Department to be maintained for use when necessary. Any supply | 24 | | of undesignated epinephrine auto-injectors shall be maintained | 25 | | in accordance with the manufacturer's instructions. | 26 | | (f) When a State Police officer administers or fails to |
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| 1 | | administer an epinephrine auto-injector in good faith, the | 2 | | officer and the Department, its employees and agents, and any | 3 | | physician, physician assistant, or advanced practice | 4 | | registered nurse providing a standing protocol or a | 5 | | prescription for epinephrine auto-injectors, incur no | 6 | | liability or professional discipline, except for willful and | 7 | | wanton conduct, as a result of any injury arising from the use | 8 | | or non-use of an epinephrine auto-injector. | 9 | | (g) By October 1, 2017 and every year thereafter, the | 10 | | Department shall submit a report to the General Assembly | 11 | | identifying the frequency and circumstances of undesignated | 12 | | epinephrine administration during the preceding year. This | 13 | | report shall be published on the Department's Internet website | 14 | | on the date the report is delivered to the General Assembly. | 15 | | Section 10. The Illinois Police Training Act is amended by | 16 | | adding Section 10.19 as follows: | 17 | | (50 ILCS 705/10.19 new) | 18 | | Sec. 10.19. Training; administration of epinephrine. | 19 | | (a) For the purposes of this Section: | 20 | | "Epinephrine auto-injector" means a single-use device used | 21 | | for the automatic injection of a pre-measured dose of | 22 | | epinephrine into the human body. | 23 | | "Undesignated epinephrine auto-injector" means an | 24 | | epinephrine auto-injector prescribed in the name of a local |
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| 1 | | governmental agency. | 2 | | (b) The Board shall conduct or approve a training program | 3 | | for police officers to recognize and respond to anaphylaxis | 4 | | including, but is not limited to: | 5 | | (1) how to recognize symptoms of an allergic reaction; | 6 | | (2) how to respond to an emergency involving an | 7 | | allergic reaction; | 8 | | (3) how to administer an epinephrine auto-injector; | 9 | | (4) how to respond to an individual with a known | 10 | | allergy as well as an individual with a previously unknown | 11 | | allergy; | 12 | | (5) a test demonstrating competency of the knowledge | 13 | | required to recognize anaphylaxis and administer an | 14 | | epinephrine auto-injector; and | 15 | | (6) other criteria as determined in rules adopted by | 16 | | the Board. | 17 | | In consultation with statewide professional organizations | 18 | | representing physicians licensed to practice medicine in all of | 19 | | its branches and registered nurses, the Board shall make | 20 | | available resource materials consistent with criteria in this | 21 | | subsection (b) for educating trained personnel to recognize and | 22 | | respond to anaphylaxis. The Board may take into consideration | 23 | | the curriculum on this subject developed by other states, as | 24 | | well as any other curricular materials suggested by medical | 25 | | experts and other groups that work on life-threatening allergy | 26 | | issues. The Board is not required to create new resource |
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| 1 | | materials. The Board shall make these resource materials | 2 | | available on its Internet website. | 3 | | (c) The Board shall require all police officers to complete | 4 | | the training program under subsection (b) and to carry | 5 | | undesignated epinephrine auto-injectors provided by a local | 6 | | governmental agency whenever he or she is performing official | 7 | | duties. A police officer may: (i) provide an undesignated | 8 | | epinephrine auto-injector to an individual for | 9 | | self-administration; and (ii) administer an undesignated | 10 | | epinephrine auto-injector to any person that the police officer | 11 | | in good faith believes is having an anaphylactic reaction. | 12 | | (d) Within 24 hours of the administration of an | 13 | | undesignated epinephrine auto-injector, a local governmental | 14 | | agency must notify the physician, physician assistant, or | 15 | | advance practice nurse who provided the standing protocol or | 16 | | prescription for the undesignated epinephrine auto-injector of | 17 | | its use. | 18 | | Within 3 days after the administration of an undesignated | 19 | | epinephrine auto-injector by a police officer, a local | 20 | | government agency must report to the Board in a form and manner | 21 | | prescribed by the Board the following information: | 22 | | (1) age and type of person receiving epinephrine; | 23 | | (2) any previously known diagnosis of a severe allergy, | 24 | | if known; | 25 | | (3) trigger that precipitated allergic episode, if | 26 | | known; |
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| 1 | | (4) location where symptoms developed, if known; | 2 | | (5) number of doses administered; and | 3 | | (6) any other information required by the Board. | 4 | | (e) A physician, a physician assistant who has been | 5 | | delegated prescriptive authority for epinephrine | 6 | | auto-injectors in accordance with Section 7.5 of the Physician | 7 | | Assistant Practice Act of 1987, or an advanced practice nurse | 8 | | who has been delegated prescriptive authority for epinephrine | 9 | | auto-injectors in accordance with Section 65-40 of the Nurse | 10 | | Practice Act may prescribe or issue standing protocol for | 11 | | undesignated epinephrine auto-injectors in the name of the | 12 | | local governmental agency to be maintained for use when | 13 | | necessary. Any supply of undesignated epinephrine | 14 | | auto-injectors shall be maintained in accordance with the | 15 | | manufacturer's instructions. | 16 | | (f) When a police officer administers or fails to | 17 | | administer an epinephrine auto-injector in good faith, the | 18 | | officer and the local governmental agency, its employees and | 19 | | agents, and any physician, physician assistant, or advanced | 20 | | practice registered nurse providing a standing protocol or a | 21 | | prescription for epinephrine auto-injectors, incur no | 22 | | liability or professional discipline, except for willful and | 23 | | wanton conduct, as a result of any injury arising from the use | 24 | | or non-use of an epinephrine auto-injector. | 25 | | (g) By October 1, 2017 and every year thereafter, the Board | 26 | | shall submit a report to the General Assembly identifying the |
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| 1 | | frequency and circumstances of undesignated epinephrine | 2 | | administration during the preceding year. This report shall be | 3 | | published on the Board's Internet website on the date the | 4 | | report is delivered to the General Assembly.
| 5 | | Section 15. The Illinois Food, Drug and Cosmetic Act is | 6 | | amended by changing Section 3.21 as follows:
| 7 | | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| 8 | | Sec. 3.21. Except as authorized by this Act, the Illinois | 9 | | Controlled Substances
Act, the Pharmacy Practice Act, the | 10 | | Dental Practice Act, the Medical
Practice Act of 1987, the | 11 | | Veterinary Medicine and Surgery Practice Act of
2004, the | 12 | | Podiatric Medical Practice Act of 1987, or Section 22-30 of the | 13 | | School Code, Section 40 of the State Police Act, or Section | 14 | | 10.19 of the Illinois Police Training Act to sell or dispense a
| 15 | | prescription drug without a prescription.
| 16 | | (Source: P.A. 99-78, eff. 7-20-15.)".
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