Full Text of HB5456 102nd General Assembly
HB5456eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Patient-Assisted Hemophilia Medication Administration Act. | 6 | | Section 5. Findings. The General Assembly finds that: | 7 | | (1) Patients that have rare bleeding disorders such as | 8 | | hemophilia and Von Willebrand Disease can create large | 9 | | demands on health care resources, and such patients | 10 | | necessitate the provision of unique care. Patients with | 11 | | these diseases may suffer profuse, life-threatening | 12 | | bleeding even through minor trauma. Patients commonly may | 13 | | receive human or recombinant blood factors | 14 | | prophylactically throughout each week to keep blood factor | 15 | | levels within safe levels. | 16 | | (2) During an emergency situation, which may include | 17 | | either a minor or major trauma event, it is the standard of | 18 | | care and opinion of experts that, "if in doubt, treat", | 19 | | preferably within 2 hours. | 20 | | (3) For severe or life-threatening bleeding, patients | 21 | | need appropriate clotting factors by intravenous push over | 22 | | one to 2 minutes followed by additional follow up | 23 | | prophylactic care. |
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| 1 | | (4) Because of the need for immediate treatment, it is | 2 | | common for patients with rare bleeding disorders to carry | 3 | | with them at all times their own clotting factor, | 4 | | including, but not limited to, factor VIII, factor IX, and | 5 | | Von Willebrand factor, desmopressin, anti-inhibitor | 6 | | coagulant complex, or related substances. | 7 | | (5) The risk of overdose of rare disease blood | 8 | | treatment factors is rare and low relative to the risk of | 9 | | harm to such patients from failure to adequately dose rare | 10 | | blood disease treatment factors if treatment is not | 11 | | administered quickly when an emergency bleed occurs. | 12 | | Failure to treat quickly at the time of trauma may also | 13 | | necessitate increased administration of rare blood disease | 14 | | treatment factors for a period of days or weeks compared | 15 | | to normal prophylactic care doses. Treating patients with | 16 | | medication that patients have on hand also lessens the | 17 | | likelihood that a patient will suffer adverse and | 18 | | potentially life-threatening side effects from the | 19 | | generation of alloantibodies, inhibitory antibodies, | 20 | | triggering antibodies, or undesirable binding of HLA class | 21 | | II antigens. | 22 | | (6) Patients and their associated caregivers who may | 23 | | be nonmedical personnel, such as parents, are frequently | 24 | | trained on how to administer rare blood disease treatment | 25 | | factors to address acute trauma events. However, there may | 26 | | be times when the caregiver is either not present or |
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| 1 | | incapacitated, or otherwise solely in the presence of | 2 | | those who have not been trained in how to provide | 3 | | intravenous infusions. | 4 | | (7) Patients and their associated caregivers have | 5 | | experienced failure to immediately treat in response to | 6 | | acute trauma, even when the patient has his or her own | 7 | | rescue medication on hand, because of confusion in the | 8 | | scope of permissible practice. | 9 | | (8) It is the goal of the General Assembly to | 10 | | encourage emergency management technicians, assistant | 11 | | emergency medical technicians, and paramedics certified | 12 | | under Illinois statutes to assist a patient with a rare | 13 | | blood disease in emergency situations. | 14 | | Section 10. Definitions. In this Act: | 15 | | "Administer" means to directly apply, via injector, or | 16 | | deliver, via infusion, a medication associated with a rare | 17 | | blood disease to the body of an individual. | 18 | | "Emergency personnel" includes any emergency medical | 19 | | technician, assistant emergency medical technician, and | 20 | | paramedic licensed under the Emergency Medical Services (EMS) | 21 | | Systems Act.
| 22 | | "Emergency situations" includes at least the following: | 23 | | situations where a call is initiated to or received by 9-1-1 or | 24 | | other emergency response service; events where an emergency | 25 | | medical technician, assistant emergency medical technician, or |
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| 1 | | paramedic has been specially retained to be present; an | 2 | | accident scene; ambulance transport; airlift transport; | 3 | | situations where federal emergency response agencies have been | 4 | | called to a scene; or situations which otherwise arise in a | 5 | | location in the State that is not an urgent care center or | 6 | | hospital. | 7 | | "Health care practitioner" means a physician licensed to | 8 | | practice medicine in all its branches under the Medical | 9 | | Practice Act of 1987, a physician assistant under the | 10 | | Physician Assistant Practice Act of 1987 with prescriptive | 11 | | authority, or an advanced practice registered nurse with | 12 | | prescribing authority under Article 65 of the Nurse Practice | 13 | | Act. | 14 | | "Patient-carried medication" means: | 15 | | (1) for a patient who is a resident in the State, | 16 | | medication that has been prescribed by a health care | 17 | | practitioner in connection with the treatment, therapy, or | 18 | | prophylactic care of a rare blood disease and is in the | 19 | | possession, custody, or control of the patient or the | 20 | | patient's caregiver or legal guardian. | 21 | | (2) for a patient who is not a resident in the State, | 22 | | medication that has been prescribed by a physician, | 23 | | physician assistant with prescribing authority, or | 24 | | advanced practice nurse with prescriptive authority who is | 25 | | licensed in the state of the patient's residency, is in | 26 | | connection to the treatment, therapy, or prophylactic care |
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| 1 | | of a rare blood disease, and is in the possession, | 2 | | custody, or control of a patient, patient caregiver, or | 3 | | patient's legal guardian, provided that the prescription | 4 | | medication is accompanied by either an original or copy of | 5 | | the prescription signed by an authorizing physician or the | 6 | | packaging indicates the name of a dispensing pharmacy and | 7 | | the prescription was written in the name of the patient. | 8 | | "Rare blood diseases" means a group of disorders that | 9 | | share the inability to form a proper blood clot, characterized | 10 | | by extended bleeding after injury, surgery, trauma, or | 11 | | menstruation, or sometimes spontaneously, without a known or | 12 | | identifiable cause. "Rare blood diseases" includes hemophilia | 13 | | A and B, Von Willebrand Disease, and such additional | 14 | | conditions as may be determined by the Department of Public | 15 | | Health pursuant to notice and rulemaking. | 16 | | "Rare blood disease treatment factors" includes Factor | 17 | | VII; Factor VIII, Factor IX, Von Willebrand factor, | 18 | | desmopressin, anti-inhibitor coagulant complex, complexes, | 19 | | conjugates, or derivatives thereof (including those complexed | 20 | | to polyethylene glycol, genetically modified or synthesized | 21 | | variants, or partial fragments of such factors that provide | 22 | | clinical activity), and such additional medications as may be | 23 | | determined by the Department of Public Health pursuant to | 24 | | notice and rulemaking used in the treatment of rare blood | 25 | | disease.
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| 1 | | Section 15. Administering patient-carried medication. Any | 2 | | emergency personnel may assist a patient with a rare blood | 3 | | disease in emergency situations to administer patient-carried | 4 | | medication if the administration is: | 5 | | (1) consistent with written instructions from an | 6 | | authorizing physician, such as a written care plan; | 7 | | (2) consistent with the package labeling; | 8 | | (3) via routes of delivery that are within the scope | 9 | | of training of the emergency personnel; or | 10 | | (4) consistent with a care plan that previously was | 11 | | filed by or on behalf of the patient with the chief | 12 | | emergency personnel officer, or his or her designee, | 13 | | provided that the care plan has been independently | 14 | | approved by a health care practitioner. | 15 | | The activity authorized under this Section may be taken | 16 | | irrespective of the age of the patient and without the need to | 17 | | secure separate consent from the patient or the patient's | 18 | | caregiver or a legal guardian if the emergency personnel take | 19 | | steps to deliver the patient to a receiving hospital and the | 20 | | receiving hospital is informed of the pending arrival of the | 21 | | rare blood disease patient, along with the treatment | 22 | | instituted by the emergency personnel. | 23 | | Section 20. Training program. The Department of Public | 24 | | Health may conduct or approve a training program for emergency | 25 | | personnel to recognize and learn additional treatment |
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| 1 | | protocols for rare blood disorders. | 2 | | Section 90. The State Mandates Act is amended by adding | 3 | | Section 8.46 as follows: | 4 | | (30 ILCS 805/8.46 new) | 5 | | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | 6 | | 8 of this Act, no reimbursement by the State is required for | 7 | | the implementation of any mandate created by this amendatory | 8 | | Act of the 102nd General Assembly.
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