Illinois General Assembly - Full Text of SB2226
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Full Text of SB2226  100th General Assembly

SB2226sam001 100TH GENERAL ASSEMBLY

Sen. Chris Nybo

Filed: 1/26/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2226

2    AMENDMENT NO. ______. Amend Senate Bill 2226 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by changing
5Section 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
9Police Training Act, may be referred to as the Annie LeGere
10Law.
11    (b) For the purposes of this Section, "epinephrine
12auto-injector" means a single-use device used for the automatic
13injection of a pre-measured dose of epinephrine into the human
14body prescribed in the name of the Department.
15    (c) The Department may conduct or approve a training
16program for State Police officers to recognize and respond to

 

 

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1anaphylaxis, including, but 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    (d) The Department may authorize a State Police officer who
15has completed the training program under subsection (c) to
16carry, administer, or assist with the administration of
17epinephrine auto-injectors whenever he or she is performing
18official duties.
19    (e) The Department must establish a written policy to
20control the acquisition, storage, transportation,
21administration, and disposal of epinephrine auto-injectors
22before it allows any State Police officer to carry and
23administer epinephrine auto-injectors.
24    (f) A physician, physician's assistant with prescriptive
25authority, or advanced practice registered nurse with
26prescriptive authority may provide a standing protocol or

 

 

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1prescription for epinephrine auto-injectors in the name of the
2Department to be maintained for use when necessary. A
3physician, physician's assistant with prescriptive authority,
4or advanced practice registered nurse with prescriptive
5authority who provides a standing order or prescription for an
6epinephrine auto-injector in the name of the Department, incur
7no civil or professional liability, except for willful and
8wanton conduct, as a result of any injury or death arising from
9the use of an epinephrine auto-injector. A health care
10professional shall not be subject to civil or professional
11liability for not providing an epinephrine auto-injector
12standing order or prescription.
13    (g) When a State Police officer administers an epinephrine
14auto-injector in good faith, the officer and the Department,
15and its employees and agents, incur no liability, except for
16willful and wanton conduct, as a result of any injury or death
17arising from the use of an epinephrine auto-injector.
18(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
19    Section 10. The Illinois Police Training Act is amended by
20changing Section 10.19 as follows:
 
21    (50 ILCS 705/10.19)
22    Sec. 10.19. Training; administration of epinephrine.
23    (a) This Section, along with Section 40 of the State Police
24Act, may be referred to as the Annie LeGere Law.

 

 

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1    (b) For purposes of this Section, "epinephrine
2auto-injector" means a single-use device used for the automatic
3injection of a pre-measured dose of epinephrine into the human
4body prescribed in the name of a local governmental agency.
5    (c) The Board shall conduct or approve an optional advanced
6training program for police officers to recognize and respond
7to anaphylaxis, including the administration of an epinephrine
8auto-injector. The training must include, but is not limited
9to:
10        (1) how to recognize symptoms of an allergic reaction;
11        (2) how to respond to an emergency involving an
12    allergic reaction;
13        (3) how to administer an epinephrine auto-injector;
14        (4) how to respond to an individual with a known
15    allergy as well as an individual with a previously unknown
16    allergy;
17        (5) a test demonstrating competency of the knowledge
18    required to recognize anaphylaxis and administer an
19    epinephrine auto-injector; and
20        (6) other criteria as determined in rules adopted by
21    the Board.
22    (d) A local governmental agency may authorize a police
23officer who has completed an optional advanced training program
24under subsection (c) to carry, administer, or assist with the
25administration of epinephrine auto-injectors provided by the
26local governmental agency whenever he or she is performing

 

 

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1official duties.
2    (e) A local governmental agency that authorizes its
3officers to carry and administer epinephrine auto-injectors
4under subsection (d) must establish a policy to control the
5acquisition, storage, transportation, administration, and
6disposal of epinephrine auto-injectors and to provide
7continued training in the administration of epinephrine
8auto-injectors.
9    (f) A physician, physician's assistant with prescriptive
10authority, or advanced practice registered nurse with
11prescriptive authority may provide a standing protocol or
12prescription for epinephrine auto-injectors in the name of a
13local governmental agency to be maintained for use when
14necessary. A physician, physician's assistant with
15prescriptive authority, or advanced practice registered nurse
16with prescriptive authority who provides a standing order or
17prescription for an epinephrine auto-injector in the name of a
18local governmental agency, incur no civil or professional
19liability, except for willful and wanton conduct, as a result
20of any injury or death arising from the use of an epinephrine
21auto-injector. A health care professional shall not be subject
22to civil or professional liability for not providing an
23epinephrine auto-injector standing order or prescription.
24    (g) When a police officer administers an epinephrine
25auto-injector in good faith, the police officer and local
26governmental agency, and its employees and agents, incur no

 

 

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1liability, except for willful and wanton conduct, as a result
2of any injury or death arising from the use of an epinephrine
3auto-injector.
4(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
5    Section 15. The Medical Practice Act of 1987 is amended by
6adding Section 65 as follows:
 
7    (225 ILCS 60/65 new)
8    Sec. 65. Annie LeGere Law; epinephrine auto-injector. A
9licensee under this Act may not be subject to discipline for
10providing or not providing a standing order or prescription for
11an epinephrine auto-injector under Section 40 of the State
12Police Act or Section 10.19 of the Illinois Police Training
13Act.
 
14    Section 20. The Public Health Standing Orders Act is
15amended by adding Section 30 as follows:
 
16    (410 ILCS 125/30 new)
17    Sec. 30. Annie LeGere Law; epinephrine auto-injector.
18Health care personnel may not be subject to civil or
19professional liability for providing or not providing a
20standing order or prescription for an epinephrine
21auto-injector under Section 40 of the State Police Act or
22Section 10.19 of the Illinois Police Training Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".