Full Text of SB2226 100th General Assembly
SB2226 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2226 Introduced 8/17/2017, by Sen. Chris Nybo SYNOPSIS AS INTRODUCED: |
| 20 ILCS 2610/40 | | 50 ILCS 705/10.19 | | 225 ILCS 60/65 new | | 410 ILCS 125/30 new | |
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Amends the State Police Act. Provides that a physician, physician's assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority who provides a standing order or prescription for epinephrine auto-injectors in the name of the Department of State Police shall incur no civil or professional liability, except for willful and wanton conduct, as a result of any injury or death arising from the use of an epinephrine auto-injector. Amends the Illinois Police Training Act. Provides that a physician, physician's assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority who provides a standing order or prescription for epinephrine auto-injectors in the name of a local governmental agency shall incur no civil or professional liability, except for willful and wanton conduct, as a result of any injury or death arising from the use of an epinephrine auto-injector. Makes conforming changes to the Medical Practice Act of 1987 and the Public Health Standing Orders Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Police Act is amended by changing | 5 | | Section 40 as follows: | 6 | | (20 ILCS 2610/40) | 7 | | Sec. 40. Training; administration of epinephrine. | 8 | | (a) This Section, along with Section 10.19 of the Illinois | 9 | | Police Training Act, may be referred to as the Annie LeGere | 10 | | Law. | 11 | | (b) For the purposes of this Section, "epinephrine | 12 | | auto-injector" means a single-use device used for the automatic | 13 | | injection of a pre-measured dose of epinephrine into the human | 14 | | body prescribed in the name of the Department. | 15 | | (c) The Department may conduct or approve a training | 16 | | program for State Police officers to recognize and respond to | 17 | | anaphylaxis, including, but not limited to: | 18 | | (1) how to recognize symptoms of an allergic reaction; | 19 | | (2) how to respond to an emergency involving an | 20 | | allergic reaction; | 21 | | (3) how to administer an epinephrine auto-injector; | 22 | | (4) how to respond to an individual with a known | 23 | | allergy as well as an individual with a previously unknown |
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| 1 | | allergy; | 2 | | (5) a test demonstrating competency of the knowledge | 3 | | required to recognize anaphylaxis and administer an | 4 | | epinephrine auto-injector; and | 5 | | (6) other criteria as determined in rules adopted by | 6 | | the Department. | 7 | | (d) The Department may authorize a State Police officer who | 8 | | has completed the training program under subsection (c) to | 9 | | carry, administer, or assist with the administration of | 10 | | epinephrine auto-injectors whenever he or she is performing | 11 | | official duties. | 12 | | (e) The Department must establish a written policy to | 13 | | control the acquisition, storage, transportation, | 14 | | administration, and disposal of epinephrine auto-injectors | 15 | | before it allows any State Police officer to carry and | 16 | | administer epinephrine auto-injectors. | 17 | | (f) A physician, physician's assistant with prescriptive | 18 | | authority, or advanced practice registered nurse with | 19 | | prescriptive authority may provide a standing protocol or | 20 | | prescription for epinephrine auto-injectors in the name of the | 21 | | Department to be maintained for use when necessary. | 22 | | (g) When a State Police officer administers an epinephrine | 23 | | auto-injector in good faith, the officer and the Department, | 24 | | and its employees and agents, including a physician, | 25 | | physician's assistant with prescriptive authority, or advanced | 26 | | practice registered nurse with prescriptive authority who |
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| 1 | | provides a standing order or prescription for an epinephrine | 2 | | auto-injector, incur no civil or professional liability, | 3 | | except for willful and wanton conduct, as a result of any | 4 | | injury or death arising from the use of an epinephrine | 5 | | auto-injector. A health care professional shall not be subject | 6 | | to civil or professional liability for not providing an | 7 | | epinephrine auto-injector standing order or prescription.
| 8 | | (Source: P.A. 99-711, eff. 1-1-17.) | 9 | | Section 10. The Illinois Police Training Act is amended by | 10 | | changing Section 10.19 as follows: | 11 | | (50 ILCS 705/10.19) | 12 | | Sec. 10.19. Training; administration of epinephrine. | 13 | | (a) This Section, along with Section 40 of the State Police | 14 | | Act, may be referred to as the Annie LeGere Law. | 15 | | (b) For purposes of this Section, "epinephrine | 16 | | auto-injector" means a single-use device used for the automatic | 17 | | injection of a pre-measured dose of epinephrine into the human | 18 | | body prescribed in the name of a local governmental agency. | 19 | | (c) The Board shall conduct or approve an optional advanced | 20 | | training program for police officers to recognize and respond | 21 | | to anaphylaxis, including the administration of an epinephrine | 22 | | auto-injector. The training must include, but is not limited | 23 | | to: | 24 | | (1) how to recognize symptoms of an allergic reaction; |
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| 1 | | (2) how to respond to an emergency involving an | 2 | | allergic reaction; | 3 | | (3) how to administer an epinephrine auto-injector; | 4 | | (4) how to respond to an individual with a known | 5 | | allergy as well as an individual with a previously unknown | 6 | | allergy; | 7 | | (5) a test demonstrating competency of the knowledge | 8 | | required to recognize anaphylaxis and administer an | 9 | | epinephrine auto-injector; and | 10 | | (6) other criteria as determined in rules adopted by | 11 | | the Board. | 12 | | (d) A local governmental agency may authorize a police | 13 | | officer who has completed an optional advanced training program | 14 | | under subsection (c) to carry, administer, or assist with the | 15 | | administration of epinephrine auto-injectors provided by the | 16 | | local governmental agency whenever he or she is performing | 17 | | official duties. | 18 | | (e) A local governmental agency that authorizes its | 19 | | officers to carry and administer epinephrine auto-injectors | 20 | | under subsection (d) must establish a policy to control the | 21 | | acquisition, storage, transportation, administration, and | 22 | | disposal of epinephrine auto-injectors and to provide | 23 | | continued training in the administration of epinephrine | 24 | | auto-injectors. | 25 | | (f) A physician, physician's assistant with prescriptive | 26 | | authority, or advanced practice registered nurse with |
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| 1 | | prescriptive authority may provide a standing protocol or | 2 | | prescription for epinephrine auto-injectors in the name of a | 3 | | local governmental agency to be maintained for use when | 4 | | necessary. | 5 | | (g) When a police officer administers an epinephrine | 6 | | auto-injector in good faith, the police officer and local | 7 | | governmental agency, and its employees and agents, including a | 8 | | physician, physician's assistant with prescriptive authority, | 9 | | or advanced practice registered nurse with prescriptive | 10 | | authority who provides a standing order or prescription for an | 11 | | epinephrine auto-injector, incur no civil or professional | 12 | | liability, except for willful and wanton conduct, as a result | 13 | | of any injury or death arising from the use of an epinephrine | 14 | | auto-injector. A health care professional shall not be subject | 15 | | to civil or professional liability for not providing an | 16 | | epinephrine auto-injector standing order or prescription.
| 17 | | (Source: P.A. 99-711, eff. 1-1-17.) | 18 | | Section 15. The Medical Practice Act of 1987 is amended by | 19 | | adding Section 65 as follows: | 20 | | (225 ILCS 60/65 new) | 21 | | Sec. 65. Annie LeGere Law; epinephrine auto-injector. A | 22 | | licensee under this Act may not be subject to discipline for | 23 | | providing or not providing a standing order or prescription for | 24 | | an epinephrine auto-injector in accordance with Section 40 of |
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| 1 | | the State Police Act or Section 10.19 of the Illinois Police | 2 | | Training Act. | 3 | | Section 20. The Public Health Standing Orders Act is | 4 | | amended by adding Section 30 as follows: | 5 | | (410 ILCS 125/30 new) | 6 | | Sec. 30. Annie LeGere Law; epinephrine auto-injector. | 7 | | Health care personnel may not be subject to civil or | 8 | | professional liability for providing or not providing a | 9 | | standing order or prescription for an epinephrine | 10 | | auto-injector in accordance with Section 40 of the State Police | 11 | | Act or Section 10.19 of the Illinois Police Training Act.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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