Bill Amendment: IL HB3454 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EPINEPHRINE DELIVERY DEVICE
Status: 2026-06-26 - Sent to the Governor [HB3454 Detail]
Download: Illinois-2025-HB3454-Senate_Amendment_002.html
Bill Title: EPINEPHRINE DELIVERY DEVICE
Status: 2026-06-26 - Sent to the Governor [HB3454 Detail]
Download: Illinois-2025-HB3454-Senate_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 3454 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 3454 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Illinois State Police Act is amended by | ||||||
| 5 | changing Section 40 as follows: | ||||||
| 6 | (20 ILCS 2610/40) | ||||||
| 7 | Sec. 40. 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 | delivery system" "epinephrine auto-injector" means a | ||||||
| 13 | single-use device used for the automatic injection of a | ||||||
| 14 | pre-measured dose of epinephrine into the human body | ||||||
| 15 | prescribed in the name of the Illinois State Police. | ||||||
| 16 | (c) The Illinois State Police may conduct or approve a | ||||||
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| 1 | training program for State Police officers to recognize and | ||||||
| 2 | respond to anaphylaxis, including, but not limited to: | ||||||
| 3 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 4 | (2) how to respond to an emergency involving an | ||||||
| 5 | allergic reaction; | ||||||
| 6 | (3) how to administer an epinephrine delivery system | ||||||
| 7 | epinephrine auto-injector; | ||||||
| 8 | (4) how to respond to an individual with a known | ||||||
| 9 | allergy as well as an individual with a previously unknown | ||||||
| 10 | allergy; | ||||||
| 11 | (5) a test demonstrating competency of the knowledge | ||||||
| 12 | required to recognize anaphylaxis and administer an | ||||||
| 13 | epinephrine delivery system epinephrine auto-injector; and | ||||||
| 14 | (6) other criteria as determined in rules adopted by | ||||||
| 15 | the Illinois State Police. | ||||||
| 16 | (d) The Illinois State Police may authorize a State Police | ||||||
| 17 | officer who has completed the training program under | ||||||
| 18 | subsection (c) to carry, administer, or assist with the | ||||||
| 19 | administration of epinephrine delivery systems epinephrine | ||||||
| 20 | auto-injectors whenever he or she is performing official | ||||||
| 21 | duties. | ||||||
| 22 | (e) The Illinois State Police must establish a written | ||||||
| 23 | policy to control the acquisition, storage, transportation, | ||||||
| 24 | administration, and disposal of epinephrine delivery systems | ||||||
| 25 | epinephrine auto-injectors before it allows any State Police | ||||||
| 26 | officer to carry and administer epinephrine delivery systems | ||||||
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| 1 | epinephrine auto-injectors. | ||||||
| 2 | (f) A physician, physician assistant with prescriptive | ||||||
| 3 | authority, or advanced practice registered nurse with | ||||||
| 4 | prescriptive authority may provide a standing protocol or | ||||||
| 5 | prescription for epinephrine delivery systems epinephrine | ||||||
| 6 | auto-injectors in the name of the Illinois State Police to be | ||||||
| 7 | maintained for use when necessary. | ||||||
| 8 | (g) When a State Police officer administers an epinephrine | ||||||
| 9 | delivery system epinephrine auto-injector in good faith, the | ||||||
| 10 | officer and the Illinois State Police, and its employees and | ||||||
| 11 | agents, including a physician, physician assistant with | ||||||
| 12 | prescriptive authority, or advanced practice registered nurse | ||||||
| 13 | with prescriptive authority who provides a standing order or | ||||||
| 14 | prescription for an epinephrine delivery system epinephrine | ||||||
| 15 | auto-injector, incur no civil or professional liability, | ||||||
| 16 | except for willful and wanton conduct, as a result of any | ||||||
| 17 | injury or death arising from the use of an epinephrine | ||||||
| 18 | delivery system epinephrine auto-injector. | ||||||
| 19 | (Source: P.A. 104-24, eff. 1-1-26.) | ||||||
| 20 | Section 10. The Illinois Police Training Act is amended by | ||||||
| 21 | changing Section 10.19 as follows: | ||||||
| 22 | (50 ILCS 705/10.19) | ||||||
| 23 | Sec. 10.19. Training; administration of epinephrine. | ||||||
| 24 | (a) This Section, along with Section 40 of the Illinois | ||||||
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| 1 | State Police Act, may be referred to as the Annie LeGere Law. | ||||||
| 2 | (b) For purposes of this Section, "epinephrine delivery | ||||||
| 3 | system" "epinephrine auto-injector" means a single-use device | ||||||
| 4 | used for the automatic injection of a pre-measured dose of | ||||||
| 5 | epinephrine into the human body prescribed in the name of a | ||||||
| 6 | local law enforcement agency. | ||||||
| 7 | (c) The Board shall conduct or approve an optional | ||||||
| 8 | advanced training program for law enforcement officers to | ||||||
| 9 | recognize and respond to anaphylaxis, including the | ||||||
| 10 | administration of an epinephrine delivery system epinephrine | ||||||
| 11 | auto-injector. The training must include, but is not limited | ||||||
| 12 | to: | ||||||
| 13 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 14 | (2) how to respond to an emergency involving an | ||||||
| 15 | allergic reaction; | ||||||
| 16 | (3) how to administer an epinephrine delivery system | ||||||
| 17 | epinephrine auto-injector; | ||||||
| 18 | (4) how to respond to an individual with a known | ||||||
| 19 | allergy as well as an individual with a previously unknown | ||||||
| 20 | allergy; | ||||||
| 21 | (5) a test demonstrating competency of the knowledge | ||||||
| 22 | required to recognize anaphylaxis and administer an | ||||||
| 23 | epinephrine delivery system epinephrine auto-injector; and | ||||||
| 24 | (6) other criteria as determined in rules adopted by | ||||||
| 25 | the Board. | ||||||
| 26 | (d) A local law enforcement agency may authorize a law | ||||||
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| |||||||
| 1 | enforcement officer who has completed an optional advanced | ||||||
| 2 | training program under subsection (c) to carry, administer, or | ||||||
| 3 | assist with the administration of epinephrine delivery systems | ||||||
| 4 | epinephrine auto-injectors provided by the local law | ||||||
| 5 | enforcement agency whenever the officer is performing official | ||||||
| 6 | duties. | ||||||
| 7 | (e) A local law enforcement agency that authorizes its | ||||||
| 8 | officers to carry and administer epinephrine delivery systems | ||||||
| 9 | epinephrine auto-injectors under subsection (d) must establish | ||||||
| 10 | a policy to control the acquisition, storage, transportation, | ||||||
| 11 | administration, and disposal of epinephrine delivery systems | ||||||
| 12 | epinephrine auto-injectors and to provide continued training | ||||||
| 13 | in the administration of epinephrine delivery systems | ||||||
| 14 | epinephrine auto-injectors. | ||||||
| 15 | (f) A physician, physician assistant with prescriptive | ||||||
| 16 | authority, or advanced practice registered nurse with | ||||||
| 17 | prescriptive authority may provide a standing protocol or | ||||||
| 18 | prescription for epinephrine delivery systems epinephrine | ||||||
| 19 | auto-injectors in the name of a local law enforcement agency | ||||||
| 20 | to be maintained for use when necessary. | ||||||
| 21 | (g) When a law enforcement officer administers an | ||||||
| 22 | epinephrine delivery system epinephrine auto-injector in good | ||||||
| 23 | faith, the law enforcement officer and local law enforcement | ||||||
| 24 | agency, and its employees and agents, including a physician, | ||||||
| 25 | physician 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 | delivery system epinephrine auto-injector, incur no civil or | ||||||
| 3 | professional liability, except for willful and wanton conduct, | ||||||
| 4 | or as a result of any injury or death arising from the use of | ||||||
| 5 | an epinephrine delivery system epinephrine auto-injector. | ||||||
| 6 | (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; | ||||||
| 7 | 103-154, eff. 6-30-23.) | ||||||
| 8 | Section 15. The School Code is amended by changing Section | ||||||
| 9 | 22-30 as follows: | ||||||
| 10 | (105 ILCS 5/22-30) | ||||||
| 11 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
| 12 | medication and epinephrine delivery systems injectors; | ||||||
| 13 | administration of undesignated epinephrine delivery systems | ||||||
| 14 | injectors; administration of an opioid antagonist; | ||||||
| 15 | administration of undesignated asthma medication; supply of | ||||||
| 16 | undesignated oxygen tanks; asthma episode emergency response | ||||||
| 17 | protocol. | ||||||
| 18 | (a) For the purpose of this Section only, the following | ||||||
| 19 | terms shall have the meanings set forth below: | ||||||
| 20 | "Asthma action plan" means a written plan developed with a | ||||||
| 21 | pupil's medical provider to help control the pupil's asthma. | ||||||
| 22 | The goal of an asthma action plan is to reduce or prevent | ||||||
| 23 | flare-ups and emergency department visits through day-to-day | ||||||
| 24 | management and to serve as a student-specific document to be | ||||||
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| 1 | referenced in the event of an asthma episode. | ||||||
| 2 | "Asthma episode emergency response protocol" means a | ||||||
| 3 | procedure to provide assistance to a pupil experiencing | ||||||
| 4 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
| 5 | tightness, or breathing difficulty. | ||||||
| 6 | "Epinephrine delivery system" means any form of | ||||||
| 7 | epinephrine that is approved by the United States Food and | ||||||
| 8 | Drug Administration, including any device that contains a dose | ||||||
| 9 | of epinephrine, and that is used to administer epinephrine | ||||||
| 10 | into the human body to prevent or treat a life-threatening | ||||||
| 11 | allergic reaction injector" includes an auto-injector approved | ||||||
| 12 | by the United States Food and Drug Administration for the | ||||||
| 13 | administration of epinephrine and a pre-filled syringe | ||||||
| 14 | approved by the United States Food and Drug Administration and | ||||||
| 15 | used for the administration of epinephrine that contains a | ||||||
| 16 | pre-measured dose of epinephrine that is equivalent to the | ||||||
| 17 | dosages used in an auto-injector. | ||||||
| 18 | "Asthma medication" means quick-relief asthma medication, | ||||||
| 19 | including albuterol or other short-acting bronchodilators, | ||||||
| 20 | that is approved by the United States Food and Drug | ||||||
| 21 | Administration for the treatment of respiratory distress. | ||||||
| 22 | "Asthma medication" includes medication delivered through a | ||||||
| 23 | device, including a metered dose inhaler with a reusable or | ||||||
| 24 | disposable spacer or a nebulizer with a mouthpiece or mask. | ||||||
| 25 | "Opioid antagonist" means a drug that binds to opioid | ||||||
| 26 | receptors and blocks or inhibits the effect of opioids acting | ||||||
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| 1 | on those receptors, including, but not limited to, naloxone | ||||||
| 2 | hydrochloride or any other similarly acting drug approved by | ||||||
| 3 | the U.S. Food and Drug Administration. | ||||||
| 4 | "Respiratory distress" means the perceived or actual | ||||||
| 5 | presence of wheezing, coughing, shortness of breath, chest | ||||||
| 6 | tightness, breathing difficulty, or any other symptoms | ||||||
| 7 | consistent with asthma. Respiratory distress may be | ||||||
| 8 | categorized as "mild-to-moderate" or "severe". | ||||||
| 9 | "School nurse" means a registered nurse working in a | ||||||
| 10 | school with or without licensure endorsed in school nursing. | ||||||
| 11 | "Self-administration" means a pupil's discretionary use of | ||||||
| 12 | his or her prescribed asthma medication or epinephrine | ||||||
| 13 | delivery system injector. | ||||||
| 14 | "Self-carry" means a pupil's ability to carry his or her | ||||||
| 15 | prescribed asthma medication or epinephrine delivery system | ||||||
| 16 | injector. | ||||||
| 17 | "Standing protocol" may be issued by (i) a physician | ||||||
| 18 | licensed to practice medicine in all its branches, (ii) a | ||||||
| 19 | licensed physician assistant with prescriptive authority, or | ||||||
| 20 | (iii) a licensed advanced practice registered nurse with | ||||||
| 21 | prescriptive authority. | ||||||
| 22 | "Trained personnel" means any school employee or volunteer | ||||||
| 23 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
| 24 | 10-22.34b of this Code who has completed training under | ||||||
| 25 | subsection (g) of this Section to recognize and respond to | ||||||
| 26 | anaphylaxis, an opioid overdose, or respiratory distress. | ||||||
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| 1 | "Undesignated asthma medication" means asthma medication | ||||||
| 2 | prescribed in the name of a school district, public school, | ||||||
| 3 | charter school, or nonpublic school. | ||||||
| 4 | "Undesignated epinephrine delivery system injector" means | ||||||
| 5 | an epinephrine delivery system injector prescribed in the name | ||||||
| 6 | of a school district, public school, charter school, or | ||||||
| 7 | nonpublic school. | ||||||
| 8 | (b) A school, whether public, charter, or nonpublic, must | ||||||
| 9 | permit the self-administration and self-carry of asthma | ||||||
| 10 | medication by a pupil with asthma or the self-administration | ||||||
| 11 | and self-carry of an epinephrine delivery system injector by a | ||||||
| 12 | pupil, provided that: | ||||||
| 13 | (1) the parents or guardians of the pupil provide to | ||||||
| 14 | the school (i) written authorization from the parents or | ||||||
| 15 | guardians for (A) the self-administration and self-carry | ||||||
| 16 | of asthma medication or (B) the self-carry of asthma | ||||||
| 17 | medication or (ii) for (A) the self-administration and | ||||||
| 18 | self-carry of an epinephrine delivery system injector or | ||||||
| 19 | (B) the self-carry of an epinephrine delivery system | ||||||
| 20 | injector, written authorization from the pupil's | ||||||
| 21 | physician, physician assistant, or advanced practice | ||||||
| 22 | registered nurse; and | ||||||
| 23 | (2) the parents or guardians of the pupil provide to | ||||||
| 24 | the school (i) the prescription label, which must contain | ||||||
| 25 | the name of the asthma medication, the prescribed dosage, | ||||||
| 26 | and the time at which or circumstances under which the | ||||||
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| 1 | asthma medication is to be administered, or (ii) for the | ||||||
| 2 | self-administration or self-carry of an epinephrine | ||||||
| 3 | delivery system injector, a written statement from the | ||||||
| 4 | pupil's physician, physician assistant, or advanced | ||||||
| 5 | practice registered nurse containing the following | ||||||
| 6 | information: | ||||||
| 7 | (A) the name and purpose of the epinephrine | ||||||
| 8 | delivery system injector; | ||||||
| 9 | (B) the prescribed dosage; and | ||||||
| 10 | (C) the time or times at which or the special | ||||||
| 11 | circumstances under which the epinephrine delivery | ||||||
| 12 | system injector is to be administered. | ||||||
| 13 | The information provided shall be kept on file in the office of | ||||||
| 14 | the school nurse or, in the absence of a school nurse, the | ||||||
| 15 | school's administrator. | ||||||
| 16 | (b-5) A school district, public school, charter school, or | ||||||
| 17 | nonpublic school may authorize the provision of a | ||||||
| 18 | student-specific or undesignated epinephrine delivery system | ||||||
| 19 | injector to a student or any personnel authorized under a | ||||||
| 20 | student's Individual Health Care Action Plan, allergy | ||||||
| 21 | emergency action plan, or plan pursuant to Section 504 of the | ||||||
| 22 | federal Rehabilitation Act of 1973 to administer an | ||||||
| 23 | epinephrine delivery system injector to the student, that | ||||||
| 24 | meets the student's prescription on file. | ||||||
| 25 | (b-10) The school district, public school, charter school, | ||||||
| 26 | or nonpublic school may authorize a school nurse or trained | ||||||
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| 1 | personnel to do the following: (i) provide an undesignated | ||||||
| 2 | epinephrine delivery system injector to a student for | ||||||
| 3 | self-administration only or any personnel authorized under a | ||||||
| 4 | student's Individual Health Care Action Plan, allergy | ||||||
| 5 | emergency action plan, plan pursuant to Section 504 of the | ||||||
| 6 | federal Rehabilitation Act of 1973, or individualized | ||||||
| 7 | education program plan to administer to the student that meets | ||||||
| 8 | the student's prescription on file; (ii) administer an | ||||||
| 9 | undesignated epinephrine delivery system injector that meets | ||||||
| 10 | the prescription on file to any student who has an Individual | ||||||
| 11 | Health Care Action Plan, allergy emergency action plan, plan | ||||||
| 12 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
| 13 | 1973, or individualized education program plan that authorizes | ||||||
| 14 | the use of an epinephrine delivery system injector; (iii) | ||||||
| 15 | administer an undesignated epinephrine delivery system | ||||||
| 16 | injector to any person that the school nurse or trained | ||||||
| 17 | personnel in good faith believes is having an anaphylactic | ||||||
| 18 | reaction; (iv) administer an opioid antagonist to any person | ||||||
| 19 | that the school nurse or trained personnel in good faith | ||||||
| 20 | believes is having an opioid overdose; (v) provide | ||||||
| 21 | undesignated asthma medication to a student for | ||||||
| 22 | self-administration only or to any personnel authorized under | ||||||
| 23 | a student's Individual Health Care Action Plan or asthma | ||||||
| 24 | action plan, plan pursuant to Section 504 of the federal | ||||||
| 25 | Rehabilitation Act of 1973, or individualized education | ||||||
| 26 | program plan to administer to the student that meets the | ||||||
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| 1 | student's prescription on file; (vi) administer undesignated | ||||||
| 2 | asthma medication that meets the prescription on file to any | ||||||
| 3 | student who has an Individual Health Care Action Plan or | ||||||
| 4 | asthma action plan, plan pursuant to Section 504 of the | ||||||
| 5 | federal Rehabilitation Act of 1973, or individualized | ||||||
| 6 | education program plan that authorizes the use of asthma | ||||||
| 7 | medication; and (vii) administer undesignated asthma | ||||||
| 8 | medication to any person that the school nurse or trained | ||||||
| 9 | personnel believes in good faith is having respiratory | ||||||
| 10 | distress. | ||||||
| 11 | (c) The school district, public school, charter school, or | ||||||
| 12 | nonpublic school must inform the parents or guardians of the | ||||||
| 13 | pupil, in writing, that the school district, public school, | ||||||
| 14 | charter school, or nonpublic school and its employees and | ||||||
| 15 | agents, including a physician, physician assistant, or | ||||||
| 16 | advanced practice registered nurse providing standing protocol | ||||||
| 17 | and a prescription for school epinephrine delivery systems | ||||||
| 18 | injectors, an opioid antagonist, or undesignated asthma | ||||||
| 19 | medication, are to incur no liability or professional | ||||||
| 20 | discipline, except for willful and wanton conduct, as a result | ||||||
| 21 | of any injury arising from the administration of asthma | ||||||
| 22 | medication, an epinephrine delivery system injector, or an | ||||||
| 23 | opioid antagonist regardless of whether authorization was | ||||||
| 24 | given by the pupil's parents or guardians or by the pupil's | ||||||
| 25 | physician, physician assistant, or advanced practice | ||||||
| 26 | registered nurse. The parents or guardians of the pupil must | ||||||
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| 1 | sign a statement acknowledging that the school district, | ||||||
| 2 | public school, charter school, or nonpublic school and its | ||||||
| 3 | employees and agents are to incur no liability, except for | ||||||
| 4 | willful and wanton conduct, as a result of any injury arising | ||||||
| 5 | from the administration of asthma medication, an epinephrine | ||||||
| 6 | delivery system injector, or an opioid antagonist regardless | ||||||
| 7 | of whether authorization was given by the pupil's parents or | ||||||
| 8 | guardians or by the pupil's physician, physician assistant, or | ||||||
| 9 | advanced practice registered nurse and that the parents or | ||||||
| 10 | guardians must indemnify and hold harmless the school | ||||||
| 11 | district, public school, charter school, or nonpublic school | ||||||
| 12 | and its employees and agents against any claims, except a | ||||||
| 13 | claim based on willful and wanton conduct, arising out of the | ||||||
| 14 | administration of asthma medication, an epinephrine delivery | ||||||
| 15 | system injector, or an opioid antagonist regardless of whether | ||||||
| 16 | authorization was given by the pupil's parents or guardians or | ||||||
| 17 | by the pupil's physician, physician assistant, or advanced | ||||||
| 18 | practice registered nurse. | ||||||
| 19 | (c-5) When a school nurse or trained personnel administers | ||||||
| 20 | an undesignated epinephrine delivery system injector to a | ||||||
| 21 | person whom the school nurse or trained personnel in good | ||||||
| 22 | faith believes is having an anaphylactic reaction, administers | ||||||
| 23 | an opioid antagonist to a person whom the school nurse or | ||||||
| 24 | trained personnel in good faith believes is having an opioid | ||||||
| 25 | overdose, or administers undesignated asthma medication to a | ||||||
| 26 | person whom the school nurse or trained personnel in good | ||||||
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| 1 | faith believes is having respiratory distress, notwithstanding | ||||||
| 2 | the lack of notice to the parents or guardians of the pupil or | ||||||
| 3 | the absence of the parents or guardians signed statement | ||||||
| 4 | acknowledging no liability, except for willful and wanton | ||||||
| 5 | conduct, the school district, public school, charter school, | ||||||
| 6 | or nonpublic school and its employees and agents, and a | ||||||
| 7 | physician, a physician assistant, or an advanced practice | ||||||
| 8 | registered nurse providing standing protocol and a | ||||||
| 9 | prescription for undesignated epinephrine delivery systems | ||||||
| 10 | injectors, an opioid antagonist, or undesignated asthma | ||||||
| 11 | medication, are to incur no liability or professional | ||||||
| 12 | discipline, except for willful and wanton conduct, as a result | ||||||
| 13 | of any injury arising from the use of an undesignated | ||||||
| 14 | epinephrine delivery system injector, the use of an opioid | ||||||
| 15 | antagonist, or the use of undesignated asthma medication, | ||||||
| 16 | regardless of whether authorization was given by the pupil's | ||||||
| 17 | parents or guardians or by the pupil's physician, physician | ||||||
| 18 | assistant, or advanced practice registered nurse. | ||||||
| 19 | (d) The permission for self-administration and self-carry | ||||||
| 20 | of asthma medication or the self-administration and self-carry | ||||||
| 21 | of an epinephrine delivery system injector is effective for | ||||||
| 22 | the school year for which it is granted and shall be renewed | ||||||
| 23 | each subsequent school year upon fulfillment of the | ||||||
| 24 | requirements of this Section. | ||||||
| 25 | (e) Provided that the requirements of this Section are | ||||||
| 26 | fulfilled, a pupil with asthma may self-administer and | ||||||
| |||||||
| |||||||
| 1 | self-carry his or her asthma medication or a pupil may | ||||||
| 2 | self-administer and self-carry an epinephrine delivery system | ||||||
| 3 | injector (i) while in school, (ii) while at a school-sponsored | ||||||
| 4 | activity, (iii) while under the supervision of school | ||||||
| 5 | personnel, or (iv) before or after normal school activities, | ||||||
| 6 | such as while in before-school or after-school care on | ||||||
| 7 | school-operated property or while being transported on a | ||||||
| 8 | school bus. | ||||||
| 9 | (e-5) Provided that the requirements of this Section are | ||||||
| 10 | fulfilled, a school nurse or trained personnel may administer | ||||||
| 11 | an undesignated epinephrine delivery system injector to any | ||||||
| 12 | person whom the school nurse or trained personnel in good | ||||||
| 13 | faith believes to be having an anaphylactic reaction (i) while | ||||||
| 14 | in school, (ii) while at a school-sponsored activity, (iii) | ||||||
| 15 | while under the supervision of school personnel, or (iv) | ||||||
| 16 | before or after normal school activities, such as while in | ||||||
| 17 | before-school or after-school care on school-operated property | ||||||
| 18 | or while being transported on a school bus. A school nurse or | ||||||
| 19 | trained personnel may carry undesignated epinephrine delivery | ||||||
| 20 | systems injectors on his or her person while in school or at a | ||||||
| 21 | school-sponsored activity. | ||||||
| 22 | (e-10) Provided that the requirements of this Section are | ||||||
| 23 | fulfilled, a school nurse or trained personnel may administer | ||||||
| 24 | an opioid antagonist to any person whom the school nurse or | ||||||
| 25 | trained personnel in good faith believes to be having an | ||||||
| 26 | opioid overdose (i) while in school, (ii) while at a | ||||||
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| |||||||
| 1 | school-sponsored activity, (iii) while under the supervision | ||||||
| 2 | of school personnel, or (iv) before or after normal school | ||||||
| 3 | activities, such as while in before-school or after-school | ||||||
| 4 | care on school-operated property. A school nurse or trained | ||||||
| 5 | personnel may carry an opioid antagonist on his or her person | ||||||
| 6 | while in school or at a school-sponsored activity. | ||||||
| 7 | (e-15) If the requirements of this Section are met, a | ||||||
| 8 | school nurse or trained personnel may administer undesignated | ||||||
| 9 | asthma medication to any person whom the school nurse or | ||||||
| 10 | trained personnel in good faith believes to be experiencing | ||||||
| 11 | respiratory distress (i) while in school, (ii) while at a | ||||||
| 12 | school-sponsored activity, (iii) while under the supervision | ||||||
| 13 | of school personnel, or (iv) before or after normal school | ||||||
| 14 | activities, including before-school or after-school care on | ||||||
| 15 | school-operated property. A school nurse or trained personnel | ||||||
| 16 | may carry undesignated asthma medication on his or her person | ||||||
| 17 | while in school or at a school-sponsored activity. | ||||||
| 18 | (f) The school district, public school, charter school, or | ||||||
| 19 | nonpublic school may maintain a supply of undesignated | ||||||
| 20 | epinephrine delivery systems injectors in any secure location | ||||||
| 21 | that is accessible before, during, and after school where an | ||||||
| 22 | allergic person is most at risk, including, but not limited | ||||||
| 23 | to, classrooms and lunchrooms. A physician, a physician | ||||||
| 24 | assistant who has prescriptive authority in accordance with | ||||||
| 25 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
| 26 | or an advanced practice registered nurse who has prescriptive | ||||||
| |||||||
| |||||||
| 1 | authority in accordance with Section 65-40 of the Nurse | ||||||
| 2 | Practice Act may prescribe undesignated epinephrine delivery | ||||||
| 3 | systems injectors in the name of the school district, public | ||||||
| 4 | school, charter school, or nonpublic school to be maintained | ||||||
| 5 | for use when necessary. Any supply of epinephrine delivery | ||||||
| 6 | systems injectors shall be maintained in accordance with the | ||||||
| 7 | manufacturer's instructions. | ||||||
| 8 | The school district, public school, charter school, or | ||||||
| 9 | nonpublic school shall maintain a supply of an opioid | ||||||
| 10 | antagonist in any secure location where an individual may have | ||||||
| 11 | an opioid overdose, unless there is a shortage of opioid | ||||||
| 12 | antagonists, in which case the school district, public school, | ||||||
| 13 | charter school, or nonpublic school shall make a reasonable | ||||||
| 14 | effort to maintain a supply of an opioid antagonist. Unless | ||||||
| 15 | the school district, public school, charter school, or | ||||||
| 16 | nonpublic school is able to obtain opioid antagonists without | ||||||
| 17 | a prescription, a health care professional who has been | ||||||
| 18 | delegated prescriptive authority for opioid antagonists in | ||||||
| 19 | accordance with Section 5-23 of the Substance Use Disorder Act | ||||||
| 20 | shall prescribe opioid antagonists in the name of the school | ||||||
| 21 | district, public school, charter school, or nonpublic school, | ||||||
| 22 | to be maintained for use when necessary. Any supply of opioid | ||||||
| 23 | antagonists shall be maintained in accordance with the | ||||||
| 24 | manufacturer's instructions. | ||||||
| 25 | The school district, public school, charter school, or | ||||||
| 26 | nonpublic school may maintain a supply of asthma medication in | ||||||
| |||||||
| |||||||
| 1 | any secure location that is accessible before, during, or | ||||||
| 2 | after school where a person is most at risk, including, but not | ||||||
| 3 | limited to, a classroom or the nurse's office. A physician, a | ||||||
| 4 | physician assistant who has prescriptive authority under | ||||||
| 5 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
| 6 | or an advanced practice registered nurse who has prescriptive | ||||||
| 7 | authority under Section 65-40 of the Nurse Practice Act may | ||||||
| 8 | prescribe undesignated asthma medication in the name of the | ||||||
| 9 | school district, public school, charter school, or nonpublic | ||||||
| 10 | school to be maintained for use when necessary. Any supply of | ||||||
| 11 | undesignated asthma medication must be maintained in | ||||||
| 12 | accordance with the manufacturer's instructions. | ||||||
| 13 | A school district that provides special educational | ||||||
| 14 | facilities for children with disabilities under Section | ||||||
| 15 | 14-4.01 of this Code may maintain a supply of undesignated | ||||||
| 16 | oxygen tanks in any secure location that is accessible before, | ||||||
| 17 | during, and after school where a person with developmental | ||||||
| 18 | disabilities is most at risk, including, but not limited to, | ||||||
| 19 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
| 20 | who has prescriptive authority in accordance with Section 7.5 | ||||||
| 21 | of the Physician Assistant Practice Act of 1987, or an | ||||||
| 22 | advanced practice registered nurse who has prescriptive | ||||||
| 23 | authority in accordance with Section 65-40 of the Nurse | ||||||
| 24 | Practice Act may prescribe undesignated oxygen tanks in the | ||||||
| 25 | name of the school district that provides special educational | ||||||
| 26 | facilities for children with disabilities under Section | ||||||
| |||||||
| |||||||
| 1 | 14-4.01 of this Code to be maintained for use when necessary. | ||||||
| 2 | Any supply of oxygen tanks shall be maintained in accordance | ||||||
| 3 | with the manufacturer's instructions and with the local fire | ||||||
| 4 | department's rules. | ||||||
| 5 | (f-3) Whichever entity initiates the process of obtaining | ||||||
| 6 | undesignated epinephrine delivery systems injectors and | ||||||
| 7 | providing training to personnel for carrying and administering | ||||||
| 8 | undesignated epinephrine delivery systems injectors shall pay | ||||||
| 9 | for the costs of the undesignated epinephrine delivery systems | ||||||
| 10 | injectors. | ||||||
| 11 | (f-5) Upon any administration of an epinephrine delivery | ||||||
| 12 | system injector, a school district, public school, charter | ||||||
| 13 | school, or nonpublic school must immediately activate the EMS | ||||||
| 14 | system and notify the student's parent, guardian, or emergency | ||||||
| 15 | contact, if known. | ||||||
| 16 | Upon any administration of an opioid antagonist, a school | ||||||
| 17 | district, public school, charter school, or nonpublic school | ||||||
| 18 | must immediately activate the EMS system and notify the | ||||||
| 19 | student's parent, guardian, or emergency contact, if known. | ||||||
| 20 | (f-10) Within 24 hours of the administration of an | ||||||
| 21 | undesignated epinephrine delivery system injector, a school | ||||||
| 22 | district, public school, charter school, or nonpublic school | ||||||
| 23 | must notify the physician, physician assistant, or advanced | ||||||
| 24 | practice registered nurse who provided the standing protocol | ||||||
| 25 | and a prescription for the undesignated epinephrine delivery | ||||||
| 26 | system injector of its use. | ||||||
| |||||||
| |||||||
| 1 | Within 24 hours after the administration of an opioid | ||||||
| 2 | antagonist, a school district, public school, charter school, | ||||||
| 3 | or nonpublic school must notify the health care professional | ||||||
| 4 | who provided the prescription for the opioid antagonist of its | ||||||
| 5 | use. | ||||||
| 6 | Within 24 hours after the administration of undesignated | ||||||
| 7 | asthma medication, a school district, public school, charter | ||||||
| 8 | school, or nonpublic school must notify the student's parent | ||||||
| 9 | or guardian or emergency contact, if known, and the physician, | ||||||
| 10 | physician assistant, or advanced practice registered nurse who | ||||||
| 11 | provided the standing protocol and a prescription for the | ||||||
| 12 | undesignated asthma medication of its use. The district or | ||||||
| 13 | school must follow up with the school nurse, if available, and | ||||||
| 14 | may, with the consent of the child's parent or guardian, | ||||||
| 15 | notify the child's health care provider of record, as | ||||||
| 16 | determined under this Section, of its use. | ||||||
| 17 | (g) Prior to the administration of an undesignated | ||||||
| 18 | epinephrine delivery system injector, trained personnel must | ||||||
| 19 | submit to the school's administration proof of completion of a | ||||||
| 20 | training curriculum to recognize and respond to anaphylaxis | ||||||
| 21 | that meets the requirements of subsection (h) of this Section. | ||||||
| 22 | Training must be completed annually. The school district, | ||||||
| 23 | public school, charter school, or nonpublic school must | ||||||
| 24 | maintain records related to the training curriculum and | ||||||
| 25 | trained personnel. | ||||||
| 26 | Prior to the administration of an opioid antagonist, | ||||||
| |||||||
| |||||||
| 1 | trained personnel must submit to the school's administration | ||||||
| 2 | proof of completion of a training curriculum to recognize and | ||||||
| 3 | respond to an opioid overdose, which curriculum must meet the | ||||||
| 4 | requirements of subsection (h-5) of this Section. The school | ||||||
| 5 | district, public school, charter school, or nonpublic school | ||||||
| 6 | must maintain records relating to the training curriculum and | ||||||
| 7 | the trained personnel. | ||||||
| 8 | Prior to the administration of undesignated asthma | ||||||
| 9 | medication, trained personnel must submit to the school's | ||||||
| 10 | administration proof of completion of a training curriculum to | ||||||
| 11 | recognize and respond to respiratory distress, which must meet | ||||||
| 12 | the requirements of subsection (h-10) of this Section. | ||||||
| 13 | Training must be completed annually, and the school district, | ||||||
| 14 | public school, charter school, or nonpublic school must | ||||||
| 15 | maintain records relating to the training curriculum and the | ||||||
| 16 | trained personnel. | ||||||
| 17 | (h) A training curriculum to recognize and respond to | ||||||
| 18 | anaphylaxis, including the administration of an undesignated | ||||||
| 19 | epinephrine delivery system injector, may be conducted online | ||||||
| 20 | or in person. | ||||||
| 21 | Training shall include, but is not limited to: | ||||||
| 22 | (1) how to recognize signs and symptoms of an allergic | ||||||
| 23 | reaction, including anaphylaxis; | ||||||
| 24 | (2) how to administer an epinephrine delivery system | ||||||
| 25 | injector; and | ||||||
| 26 | (3) a test demonstrating competency of the knowledge | ||||||
| |||||||
| |||||||
| 1 | required to recognize anaphylaxis and administer an | ||||||
| 2 | epinephrine delivery system injector. | ||||||
| 3 | Training may also include, but is not limited to: | ||||||
| 4 | (A) a review of high-risk areas within a school and | ||||||
| 5 | its related facilities; | ||||||
| 6 | (B) steps to take to prevent exposure to allergens; | ||||||
| 7 | (C) emergency follow-up procedures, including the | ||||||
| 8 | importance of calling 9-1-1 or, if 9-1-1 is not available, | ||||||
| 9 | other local emergency medical services; | ||||||
| 10 | (D) how to respond to a student with a known allergy, | ||||||
| 11 | as well as a student with a previously unknown allergy; | ||||||
| 12 | (E) other criteria as determined in rules adopted | ||||||
| 13 | pursuant to this Section; and | ||||||
| 14 | (F) any policy developed by the State Board of | ||||||
| 15 | Education under Section 2-3.190. | ||||||
| 16 | In consultation with statewide professional organizations | ||||||
| 17 | representing physicians licensed to practice medicine in all | ||||||
| 18 | of its branches, registered nurses, and school nurses, the | ||||||
| 19 | State Board of Education shall make available resource | ||||||
| 20 | materials consistent with criteria in this subsection (h) for | ||||||
| 21 | educating trained personnel to recognize and respond to | ||||||
| 22 | anaphylaxis. The State Board may take into consideration the | ||||||
| 23 | curriculum on this subject developed by other states, as well | ||||||
| 24 | as any other curricular materials suggested by medical experts | ||||||
| 25 | and other groups that work on life-threatening allergy issues. | ||||||
| 26 | The State Board is not required to create new resource | ||||||
| |||||||
| |||||||
| 1 | materials. The State Board shall make these resource materials | ||||||
| 2 | available on its Internet website. | ||||||
| 3 | (h-5) A training curriculum to recognize and respond to an | ||||||
| 4 | opioid overdose, including the administration of an opioid | ||||||
| 5 | antagonist, may be conducted online or in person. The training | ||||||
| 6 | must comply with any training requirements under Section 5-23 | ||||||
| 7 | of the Substance Use Disorder Act and the corresponding rules. | ||||||
| 8 | It must include, but is not limited to: | ||||||
| 9 | (1) how to recognize symptoms of an opioid overdose; | ||||||
| 10 | (2) information on drug overdose prevention and | ||||||
| 11 | recognition; | ||||||
| 12 | (3) how to perform rescue breathing and resuscitation; | ||||||
| 13 | (4) how to respond to an emergency involving an opioid | ||||||
| 14 | overdose; | ||||||
| 15 | (5) opioid antagonist dosage and administration; | ||||||
| 16 | (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
| 17 | not available, other local emergency medical services; | ||||||
| 18 | (7) care for the overdose victim after administration | ||||||
| 19 | of the overdose antagonist; | ||||||
| 20 | (8) a test demonstrating competency of the knowledge | ||||||
| 21 | required to recognize an opioid overdose and administer a | ||||||
| 22 | dose of an opioid antagonist; and | ||||||
| 23 | (9) other criteria as determined in rules adopted | ||||||
| 24 | pursuant to this Section. | ||||||
| 25 | (h-10) A training curriculum to recognize and respond to | ||||||
| 26 | respiratory distress, including the administration of | ||||||
| |||||||
| |||||||
| 1 | undesignated asthma medication, may be conducted online or in | ||||||
| 2 | person. The training must include, but is not limited to: | ||||||
| 3 | (1) how to recognize symptoms of respiratory distress | ||||||
| 4 | and how to distinguish respiratory distress from | ||||||
| 5 | anaphylaxis; | ||||||
| 6 | (2) how to respond to an emergency involving | ||||||
| 7 | respiratory distress; | ||||||
| 8 | (3) asthma medication dosage and administration; | ||||||
| 9 | (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
| 10 | not available, other local emergency medical services; | ||||||
| 11 | (5) a test demonstrating competency of the knowledge | ||||||
| 12 | required to recognize respiratory distress and administer | ||||||
| 13 | asthma medication; and | ||||||
| 14 | (6) other criteria as determined in rules adopted | ||||||
| 15 | under this Section. | ||||||
| 16 | (i) Within 3 days after the administration of an | ||||||
| 17 | undesignated epinephrine delivery system injector by a school | ||||||
| 18 | nurse, trained personnel, or a student at a school or | ||||||
| 19 | school-sponsored activity, the school must report to the State | ||||||
| 20 | Board of Education in a form and manner prescribed by the State | ||||||
| 21 | Board the following information: | ||||||
| 22 | (1) age and type of person receiving epinephrine | ||||||
| 23 | (student, staff, visitor); | ||||||
| 24 | (2) any previously known diagnosis of a severe | ||||||
| 25 | allergy; | ||||||
| 26 | (3) trigger that precipitated allergic episode; | ||||||
| |||||||
| |||||||
| 1 | (4) location where symptoms developed; | ||||||
| 2 | (5) number of doses administered; | ||||||
| 3 | (6) type of person administering epinephrine (school | ||||||
| 4 | nurse, trained personnel, student); and | ||||||
| 5 | (7) any other information required by the State Board. | ||||||
| 6 | If a school district, public school, charter school, or | ||||||
| 7 | nonpublic school maintains or has an independent contractor | ||||||
| 8 | providing transportation to students who maintains a supply of | ||||||
| 9 | undesignated epinephrine delivery systems injectors, then the | ||||||
| 10 | school district, public school, charter school, or nonpublic | ||||||
| 11 | school must report that information to the State Board of | ||||||
| 12 | Education upon adoption or change of the policy of the school | ||||||
| 13 | district, public school, charter school, nonpublic school, or | ||||||
| 14 | independent contractor, in a manner as prescribed by the State | ||||||
| 15 | Board. The report must include the number of undesignated | ||||||
| 16 | epinephrine delivery systems injectors in supply. | ||||||
| 17 | (i-5) Within 3 days after the administration of an opioid | ||||||
| 18 | antagonist by a school nurse or trained personnel, the school | ||||||
| 19 | must report to the State Board of Education, in a form and | ||||||
| 20 | manner prescribed by the State Board, the following | ||||||
| 21 | information: | ||||||
| 22 | (1) the age and type of person receiving the opioid | ||||||
| 23 | antagonist (student, staff, or visitor); | ||||||
| 24 | (2) the location where symptoms developed; | ||||||
| 25 | (3) the type of person administering the opioid | ||||||
| 26 | antagonist (school nurse or trained personnel); and | ||||||
| |||||||
| |||||||
| 1 | (4) any other information required by the State Board. | ||||||
| 2 | (i-10) Within 3 days after the administration of | ||||||
| 3 | undesignated asthma medication by a school nurse, trained | ||||||
| 4 | personnel, or a student at a school or school-sponsored | ||||||
| 5 | activity, the school must report to the State Board of | ||||||
| 6 | Education, on a form and in a manner prescribed by the State | ||||||
| 7 | Board of Education, the following information: | ||||||
| 8 | (1) the age and type of person receiving the asthma | ||||||
| 9 | medication (student, staff, or visitor); | ||||||
| 10 | (2) any previously known diagnosis of asthma for the | ||||||
| 11 | person; | ||||||
| 12 | (3) the trigger that precipitated respiratory | ||||||
| 13 | distress, if identifiable; | ||||||
| 14 | (4) the location of where the symptoms developed; | ||||||
| 15 | (5) the number of doses administered; | ||||||
| 16 | (6) the type of person administering the asthma | ||||||
| 17 | medication (school nurse, trained personnel, or student); | ||||||
| 18 | (7) the outcome of the asthma medication | ||||||
| 19 | administration; and | ||||||
| 20 | (8) any other information required by the State Board. | ||||||
| 21 | (j) By October 1, 2015 and every year thereafter, the | ||||||
| 22 | State Board of Education shall submit a report to the General | ||||||
| 23 | Assembly identifying the frequency and circumstances of | ||||||
| 24 | undesignated epinephrine and undesignated asthma medication | ||||||
| 25 | administration during the preceding academic year. Beginning | ||||||
| 26 | with the 2017 report, the report shall also contain | ||||||
| |||||||
| |||||||
| 1 | information on which school districts, public schools, charter | ||||||
| 2 | schools, and nonpublic schools maintain or have independent | ||||||
| 3 | contractors providing transportation to students who maintain | ||||||
| 4 | a supply of undesignated epinephrine delivery systems | ||||||
| 5 | injectors. This report shall be published on the State Board's | ||||||
| 6 | Internet website on the date the report is delivered to the | ||||||
| 7 | General Assembly. | ||||||
| 8 | (j-5) Annually, each school district, public school, | ||||||
| 9 | charter school, or nonpublic school shall request an asthma | ||||||
| 10 | action plan from the parents or guardians of a pupil with | ||||||
| 11 | asthma. If provided, the asthma action plan must be kept on | ||||||
| 12 | file in the office of the school nurse or, in the absence of a | ||||||
| 13 | school nurse, the school administrator. Copies of the asthma | ||||||
| 14 | action plan may be distributed to appropriate school staff who | ||||||
| 15 | interact with the pupil on a regular basis, and, if | ||||||
| 16 | applicable, may be attached to the pupil's federal Section 504 | ||||||
| 17 | plan or individualized education program plan. | ||||||
| 18 | (j-10) To assist schools with emergency response | ||||||
| 19 | procedures for asthma, the State Board of Education, in | ||||||
| 20 | consultation with statewide professional organizations with | ||||||
| 21 | expertise in asthma management and a statewide organization | ||||||
| 22 | representing school administrators, shall develop a model | ||||||
| 23 | asthma episode emergency response protocol before September 1, | ||||||
| 24 | 2016. Each school district, charter school, and nonpublic | ||||||
| 25 | school shall adopt an asthma episode emergency response | ||||||
| 26 | protocol before January 1, 2017 that includes all of the | ||||||
| |||||||
| |||||||
| 1 | components of the State Board's model protocol. | ||||||
| 2 | (j-15) (Blank). | ||||||
| 3 | (j-20) On or before October 1, 2016 and every year | ||||||
| 4 | thereafter, the State Board of Education shall submit a report | ||||||
| 5 | to the General Assembly and the Department of Public Health | ||||||
| 6 | identifying the frequency and circumstances of opioid | ||||||
| 7 | antagonist administration during the preceding academic year. | ||||||
| 8 | This report shall be published on the State Board's Internet | ||||||
| 9 | website on the date the report is delivered to the General | ||||||
| 10 | Assembly. | ||||||
| 11 | (k) The State Board of Education may adopt rules necessary | ||||||
| 12 | to implement this Section. | ||||||
| 13 | (l) Nothing in this Section shall limit the amount of | ||||||
| 14 | epinephrine delivery systems injectors that any type of school | ||||||
| 15 | or student may carry or maintain a supply of. | ||||||
| 16 | (Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
| 17 | 103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff. | ||||||
| 18 | 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 | ||||||
| 19 | for effective date of P.A. 103-542); 103-605, eff. 7-1-24.) | ||||||
| 20 | Section 20. The Illinois Insurance Code is amended by | ||||||
| 21 | changing Section 356z.33 as follows: | ||||||
| 22 | (215 ILCS 5/356z.33) | ||||||
| 23 | Sec. 356z.33. Coverage for epinephrine delivery systems | ||||||
| 24 | epinephrine injectors. | ||||||
| |||||||
| |||||||
| 1 | (a) A group or individual policy of accident and health | ||||||
| 2 | insurance or a managed care plan that is amended, delivered, | ||||||
| 3 | issued, or renewed on or after January 1, 2020 (the effective | ||||||
| 4 | date of Public Act 101-281) shall provide coverage for | ||||||
| 5 | medically necessary epinephrine delivery systems epinephrine | ||||||
| 6 | injectors for persons 18 years of age or under. As used in this | ||||||
| 7 | Section, "epinephrine delivery system" "epinephrine injector" | ||||||
| 8 | has the meaning given to that term in Section 5 of the | ||||||
| 9 | Epinephrine Delivery System Epinephrine Injector Act. | ||||||
| 10 | (b) An insurer that provides coverage for medically | ||||||
| 11 | necessary epinephrine delivery systems epinephrine injectors | ||||||
| 12 | shall limit the total amount that an insured is required to pay | ||||||
| 13 | for a twin-pack of medically necessary epinephrine delivery | ||||||
| 14 | systems epinephrine injectors at an amount not to exceed $60, | ||||||
| 15 | regardless of the type of epinephrine delivery system | ||||||
| 16 | epinephrine injector; except that this provision does not | ||||||
| 17 | apply to the extent such coverage would disqualify a | ||||||
| 18 | high-deductible health plan from eligibility for a health | ||||||
| 19 | savings account pursuant to Section 223 of the Internal | ||||||
| 20 | Revenue Code (26 U.S.C. 223). | ||||||
| 21 | (c) Nothing in this Section prevents an insurer from | ||||||
| 22 | reducing an insured's cost sharing by an amount greater than | ||||||
| 23 | the amount specified in subsection (b). | ||||||
| 24 | (d) The Department may adopt rules as necessary to | ||||||
| 25 | implement and administer this Section. | ||||||
| 26 | (Source: P.A. 102-558, eff. 8-20-21; 103-454, eff. 1-1-25; | ||||||
| |||||||
| |||||||
| 1 | 103-718, eff. 7-19-24.) | ||||||
| 2 | Section 25. The Medical Practice Act of 1987 is amended by | ||||||
| 3 | changing Section 65 as follows: | ||||||
| 4 | (225 ILCS 60/65) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 6 | Sec. 65. Annie LeGere Law; epinephrine delivery system | ||||||
| 7 | epinephrine auto-injector. A licensee under this Act may not | ||||||
| 8 | be subject to discipline for providing a standing order or | ||||||
| 9 | prescription for an epinephrine delivery system epinephrine | ||||||
| 10 | auto-injector in accordance with Section 40 of the Illinois | ||||||
| 11 | State Police Act or Section 10.19 of the Illinois Police | ||||||
| 12 | Training Act. | ||||||
| 13 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
| 14 | Section 30. The Epinephrine Injector Act is amended by | ||||||
| 15 | changing Sections 1, 5, 10, 15, and 20 as follows: | ||||||
| 16 | (410 ILCS 27/1) | ||||||
| 17 | Sec. 1. Short title. This Act may be cited as the | ||||||
| 18 | Epinephrine Delivery System Epinephrine Injector Act. | ||||||
| 19 | (Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.) | ||||||
| 20 | (410 ILCS 27/5) | ||||||
| 21 | Sec. 5. Definitions. As used in this Act: | ||||||
| |||||||
| |||||||
| 1 | "Administer" means to directly apply an epinephrine | ||||||
| 2 | delivery system to the body of an individual. | ||||||
| 3 | "Authorized entity" means any entity or organization, | ||||||
| 4 | other than a school covered under Section 22-30 of the School | ||||||
| 5 | Code, in connection with or at which allergens capable of | ||||||
| 6 | causing anaphylaxis may be present, including, but not limited | ||||||
| 7 | to, independent contractors who provide student transportation | ||||||
| 8 | to schools, recreation camps, colleges and universities, day | ||||||
| 9 | care facilities, youth sports leagues, amusement parks, | ||||||
| 10 | restaurants, sports arenas, and places of employment. The | ||||||
| 11 | Department shall, by rule, determine what constitutes a day | ||||||
| 12 | care facility under this definition. | ||||||
| 13 | "Authorized individual" means an individual who has | ||||||
| 14 | successfully completed the training program under Section 10 | ||||||
| 15 | of this Act. | ||||||
| 16 | "Department" means the Department of Public Health. | ||||||
| 17 | "Epinephrine delivery system" means any form of | ||||||
| 18 | epinephrine that is approved by the United States Food and | ||||||
| 19 | Drug Administration, including any device that contains a dose | ||||||
| 20 | of epinephrine, and that is used to administer epinephrine | ||||||
| 21 | into the human body to prevent or treat a life-threatening | ||||||
| 22 | allergic reaction. | ||||||
| 23 | "Health care practitioner" means a physician licensed to | ||||||
| 24 | practice medicine in all its branches under the Medical | ||||||
| 25 | Practice Act of 1987, a physician assistant under the | ||||||
| 26 | Physician Assistant Practice Act of 1987 with prescriptive | ||||||
| |||||||
| |||||||
| 1 | authority, or an advanced practice registered nurse with | ||||||
| 2 | prescribing authority under Article 65 of the Nurse Practice | ||||||
| 3 | Act. | ||||||
| 4 | "Pharmacist" has the meaning given to that term under | ||||||
| 5 | subsection (k-5) of Section 3 of the Pharmacy Practice Act. | ||||||
| 6 | "Undesignated epinephrine delivery system injector" means | ||||||
| 7 | an epinephrine delivery system injector prescribed in the name | ||||||
| 8 | of an authorized entity. | ||||||
| 9 | (Source: P.A. 104-229, eff. 1-1-26.) | ||||||
| 10 | (410 ILCS 27/10) | ||||||
| 11 | Sec. 10. Prescription to authorized entity; use; training. | ||||||
| 12 | (a) A health care practitioner may prescribe epinephrine | ||||||
| 13 | delivery systems injectors in the name of an authorized entity | ||||||
| 14 | or authorized individual for use in accordance with this Act, | ||||||
| 15 | and pharmacists and health care practitioners may dispense | ||||||
| 16 | epinephrine delivery systems pursuant to a prescription issued | ||||||
| 17 | in the name of an authorized entity or authorized individual. | ||||||
| 18 | Such prescriptions shall be valid for a period of 2 years. | ||||||
| 19 | (a-1) A health care provider with prescribing authority | ||||||
| 20 | who is employed by or under contract with the Department may | ||||||
| 21 | issue a statewide standing order for the dispensing of | ||||||
| 22 | epinephrine delivery systems for use under subsection (c) by | ||||||
| 23 | authorized individuals or by employees or agents of authorized | ||||||
| 24 | entities who have completed the training required by | ||||||
| 25 | subsection (d). | ||||||
| |||||||
| |||||||
| 1 | (b) An authorized entity or authorized individual may | ||||||
| 2 | acquire and stock a supply of undesignated epinephrine | ||||||
| 3 | delivery systems pursuant to a prescription issued under | ||||||
| 4 | subsection (a) of this Section. Such undesignated epinephrine | ||||||
| 5 | delivery systems shall be stored in a location readily | ||||||
| 6 | accessible in an emergency and in accordance with the | ||||||
| 7 | instructions for use of the epinephrine delivery systems. The | ||||||
| 8 | Department may establish any additional requirements an | ||||||
| 9 | authorized entity or authorized individual must follow under | ||||||
| 10 | this Act. | ||||||
| 11 | (c) An employee or agent of an authorized entity who is an | ||||||
| 12 | authorized individual or any other individual who is an | ||||||
| 13 | authorized individual may: | ||||||
| 14 | (1) anywhere allergens capable of causing anaphylaxis | ||||||
| 15 | may be present provide an epinephrine delivery system to | ||||||
| 16 | any individual whom the employee, agent, or other | ||||||
| 17 | individual believes in good faith is experiencing | ||||||
| 18 | anaphylaxis, or to the parent, guardian, or caregiver of | ||||||
| 19 | such individual, for immediate administration, regardless | ||||||
| 20 | of whether the individual has a prescription for an | ||||||
| 21 | epinephrine delivery system or has previously been | ||||||
| 22 | diagnosed with an allergy; or | ||||||
| 23 | (2) anywhere allergens capable of causing anaphylaxis | ||||||
| 24 | may be present administer an epinephrine delivery system | ||||||
| 25 | to any individual whom the employee, agent, or other | ||||||
| 26 | individual believes in good faith is experiencing | ||||||
| |||||||
| |||||||
| 1 | anaphylaxis, regardless of whether the individual has a | ||||||
| 2 | prescription for an epinephrine delivery system or has | ||||||
| 3 | previously been diagnosed with an allergy. | ||||||
| 4 | (d) An employee, agent, or other individual authorized | ||||||
| 5 | must complete an anaphylaxis training program before he or she | ||||||
| 6 | is able to provide or administer an epinephrine delivery | ||||||
| 7 | system under this Section. Such training shall be valid for a | ||||||
| 8 | period of 2 years and shall be conducted by a nationally | ||||||
| 9 | recognized organization experienced in training laypersons in | ||||||
| 10 | emergency health treatment. The Department shall include links | ||||||
| 11 | to training providers' websites on its website. | ||||||
| 12 | Training shall include, but is not limited to: | ||||||
| 13 | (1) how to recognize signs and symptoms of an allergic | ||||||
| 14 | reaction, including anaphylaxis; | ||||||
| 15 | (2) how to administer an epinephrine delivery system; | ||||||
| 16 | and | ||||||
| 17 | (3) a test demonstrating competency of the knowledge | ||||||
| 18 | required to recognize anaphylaxis and administer an | ||||||
| 19 | epinephrine delivery system. | ||||||
| 20 | Training may also include, but is not limited to: | ||||||
| 21 | (A) a review of high-risk areas on the authorized | ||||||
| 22 | entity's property and its related facilities; | ||||||
| 23 | (B) steps to take to prevent exposure to allergens; | ||||||
| 24 | (C) emergency follow-up procedures; and | ||||||
| 25 | (D) other criteria as determined in rules adopted | ||||||
| 26 | pursuant to this Act. | ||||||
| |||||||
| |||||||
| 1 | Training may be conducted either online or in person. The | ||||||
| 2 | entity or individual conducting the training shall issue a | ||||||
| 3 | certificate to each person who successfully completes the | ||||||
| 4 | anaphylaxis training program. The Department shall approve | ||||||
| 5 | training programs and list permitted training programs on the | ||||||
| 6 | Department's Internet website. | ||||||
| 7 | (Source: P.A. 104-229, eff. 1-1-26.) | ||||||
| 8 | (410 ILCS 27/15) | ||||||
| 9 | Sec. 15. Costs. Whichever entity initiates the process of | ||||||
| 10 | obtaining undesignated epinephrine delivery systems and | ||||||
| 11 | providing training to personnel for carrying and administering | ||||||
| 12 | undesignated epinephrine delivery systems shall pay for the | ||||||
| 13 | costs of the undesignated epinephrine delivery systems. | ||||||
| 14 | (Source: P.A. 104-229, eff. 1-1-26.) | ||||||
| 15 | (410 ILCS 27/20) | ||||||
| 16 | Sec. 20. Limitations. The use of an undesignated | ||||||
| 17 | epinephrine delivery system in accordance with the | ||||||
| 18 | requirements of this Act does not constitute the practice of | ||||||
| 19 | medicine or any other profession that requires medical | ||||||
| 20 | licensure. | ||||||
| 21 | Nothing in this Act shall limit the amount of epinephrine | ||||||
| 22 | delivery systems that an authorized entity or individual may | ||||||
| 23 | carry or maintain a supply of. | ||||||
| 24 | (Source: P.A. 104-229, eff. 1-1-26.) | ||||||
| |||||||
| |||||||
| 1 | Section 35. The Emergency Asthma Inhalers and Allergy | ||||||
| 2 | Treatment for Children Act is amended by changing Section 10 | ||||||
| 3 | as follows: | ||||||
| 4 | (410 ILCS 607/10) | ||||||
| 5 | Sec. 10. Possession, self-administration, and use of | ||||||
| 6 | epinephrine delivery systems epinephrine auto-injectors or | ||||||
| 7 | inhalers at recreation camps and after-school care programs. | ||||||
| 8 | (a) A recreation camp or an after-school care program | ||||||
| 9 | shall permit a child with severe, potentially life-threatening | ||||||
| 10 | allergies to possess, self-administer, and use an epinephrine | ||||||
| 11 | delivery system epinephrine auto-injector or inhaler, if the | ||||||
| 12 | following conditions are satisfied: | ||||||
| 13 | (1) The child has the written approval of his or her | ||||||
| 14 | parent or guardian. | ||||||
| 15 | (2) The recreational camp or after-school care program | ||||||
| 16 | administrator or, if a nurse is assigned to the camp or | ||||||
| 17 | program, the nurse shall receive copies of the written | ||||||
| 18 | approvals required under paragraph (1) of subsection (a) | ||||||
| 19 | of this Section. | ||||||
| 20 | (3) The child's parent or guardian shall submit | ||||||
| 21 | written verification confirming that the child has the | ||||||
| 22 | knowledge and skills to safely possess, self-administer, | ||||||
| 23 | and use an epinephrine delivery system epinephrine | ||||||
| 24 | auto-injector or inhaler in a camp or an after-school care | ||||||
| |||||||
| |||||||
| 1 | program setting. | ||||||
| 2 | (b) The child's parent or guardian shall provide the camp | ||||||
| 3 | or program with the following information: | ||||||
| 4 | (1) the child's name; | ||||||
| 5 | (2) the name, route, and dosage of medication; | ||||||
| 6 | (3) the frequency and time of medication | ||||||
| 7 | administration or assistance; | ||||||
| 8 | (4) the date of the order; | ||||||
| 9 | (5) a diagnosis and any other medical conditions | ||||||
| 10 | requiring medications, if not a violation of | ||||||
| 11 | confidentiality or if not contrary to the request of the | ||||||
| 12 | parent or guardian to keep confidential; | ||||||
| 13 | (6) specific recommendations for administration; | ||||||
| 14 | (7) any special side effects, contraindications, and | ||||||
| 15 | adverse reactions to be observed; | ||||||
| 16 | (8) the name of each required medication; and | ||||||
| 17 | (9) any severe adverse reactions that may occur to | ||||||
| 18 | another child, for whom the epinephrine delivery system | ||||||
| 19 | epinephrine auto-injector or inhaler is not prescribed, | ||||||
| 20 | should the other child receive a dose of the medication. | ||||||
| 21 | (c) If the conditions of this Act are satisfied, the child | ||||||
| 22 | may possess, self-administer, and use an epinephrine delivery | ||||||
| 23 | system epinephrine auto-injector or inhaler at the camp or | ||||||
| 24 | after-school care program or at any camp-sponsored or | ||||||
| 25 | program-sponsored activity, event, or program. | ||||||
| 26 | (d) The recreational camp or after-school care program | ||||||
| |||||||
| |||||||
| 1 | must inform the parents or guardians of the child, in writing, | ||||||
| 2 | that the recreational camp or after-school care program and | ||||||
| 3 | its employees and agents are to incur no liability, as | ||||||
| 4 | applicable, except for willful and wanton conduct, as a result | ||||||
| 5 | of any injury arising from the self-administration of | ||||||
| 6 | medication to the child. The parents or guardians of the child | ||||||
| 7 | must sign a statement acknowledging that the recreational camp | ||||||
| 8 | or after-school care program is to incur no liability, except | ||||||
| 9 | for willful and wanton conduct, as a result of any injury | ||||||
| 10 | arising from the self-administration of medication by the | ||||||
| 11 | child and that the parents or guardians must indemnify and | ||||||
| 12 | hold harmless the recreational camp or after-school care | ||||||
| 13 | program and its employees and agents, as applicable, against | ||||||
| 14 | any claims, except a claim based on willful and wanton | ||||||
| 15 | conduct, arising out of the self-administration of medication | ||||||
| 16 | by the child. | ||||||
| 17 | (e) After-school care program personnel who have completed | ||||||
| 18 | an anaphylaxis training program as identified under the | ||||||
| 19 | Epinephrine Delivery System Epinephrine Injector Act may | ||||||
| 20 | administer an undesignated epinephrine injection to any child | ||||||
| 21 | if the after-school care program personnel believe in good | ||||||
| 22 | faith that the child is having an anaphylactic reaction while | ||||||
| 23 | in the after-school care program. After-school care program | ||||||
| 24 | personnel may carry undesignated epinephrine delivery systems | ||||||
| 25 | epinephrine injectors on their person while in the | ||||||
| 26 | after-school care program. | ||||||
| |||||||
| |||||||
| 1 | (f) After-school care program personnel may administer | ||||||
| 2 | undesignated asthma medication to any child if the | ||||||
| 3 | after-school care program personnel believe in good faith that | ||||||
| 4 | the child is experiencing respiratory distress while in the | ||||||
| 5 | after-school care program. After-school care program personnel | ||||||
| 6 | may carry undesignated asthma medication on their person while | ||||||
| 7 | in the after-school care program. | ||||||
| 8 | (g) If after-school care program personnel are to | ||||||
| 9 | administer an undesignated epinephrine injection or an | ||||||
| 10 | undesignated asthma medication to a child, the after-school | ||||||
| 11 | care program personnel must inform the parents or guardians of | ||||||
| 12 | the child, in writing, that the after-school care program and | ||||||
| 13 | its employees and agents, acting in accordance with standard | ||||||
| 14 | protocols and the prescription for the injection or | ||||||
| 15 | medication, shall incur no liability, except for willful and | ||||||
| 16 | wanton conduct, as a result of any injury arising from the | ||||||
| 17 | administration of the injection or medication, notwithstanding | ||||||
| 18 | whether authorization was given by the child's parents or | ||||||
| 19 | guardians or by the child's physician, physician assistant, or | ||||||
| 20 | advanced practice registered nurse. A parent or guardian of | ||||||
| 21 | the child must sign a statement acknowledging that the | ||||||
| 22 | after-school care program and its employees and agents are to | ||||||
| 23 | incur no liability, except for willful and wanton conduct, as | ||||||
| 24 | a result of any injury arising from the administration of the | ||||||
| 25 | medication or injection, regardless of whether authorization | ||||||
| 26 | was given by a parent or guardian of the child or by the | ||||||
| |||||||
| |||||||
| 1 | child's physician, physician assistant, or advanced practice | ||||||
| 2 | registered nurse, and that the parent or guardian must also | ||||||
| 3 | indemnify and hold harmless the after-school care program and | ||||||
| 4 | its employees and agents against any claims, except a claim | ||||||
| 5 | based on willful and wanton conduct, arising out of the | ||||||
| 6 | administration of the medication or injection, regardless of | ||||||
| 7 | whether authorization was given by the child's parent or | ||||||
| 8 | guardian or by the child's physician, physician assistant, or | ||||||
| 9 | advanced practice registered nurse. | ||||||
| 10 | (h) If after-school care program personnel administer an | ||||||
| 11 | undesignated epinephrine injection to a person and the | ||||||
| 12 | after-school care program personnel believe in good faith the | ||||||
| 13 | person is having an anaphylactic reaction or administer | ||||||
| 14 | undesignated asthma medication to a person and believe in good | ||||||
| 15 | faith the person is experiencing respiratory distress, then | ||||||
| 16 | the after-school care program and its employees and agents, | ||||||
| 17 | acting in accordance with standard protocols and the | ||||||
| 18 | prescription for the injection or medication, shall not incur | ||||||
| 19 | any liability or be subject to professional discipline, except | ||||||
| 20 | for willful and wanton conduct, as a result of any injury | ||||||
| 21 | arising from the use of the injection or medication, | ||||||
| 22 | notwithstanding whether notice was given to or authorization | ||||||
| 23 | was given by the child's parent or guardian or by the child's | ||||||
| 24 | physician, physician assistant, or advanced practice | ||||||
| 25 | registered nurse and notwithstanding the absence of the | ||||||
| 26 | parent's or guardian's signed statement acknowledging release | ||||||
| |||||||
| |||||||
| 1 | from liability. | ||||||
| 2 | (i) The changes made to this Section by this amendatory | ||||||
| 3 | Act of the 103rd General Assembly apply to actions filed on or | ||||||
| 4 | after the effective date of this amendatory Act of the 103rd | ||||||
| 5 | General Assembly. | ||||||
| 6 | (Source: P.A. 103-438, eff. 8-4-23.) | ||||||
| 7 | Section 40. The Illinois Food, Drug and Cosmetic Act is | ||||||
| 8 | amended by changing Section 3.21 as follows: | ||||||
| 9 | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21) | ||||||
| 10 | Sec. 3.21. Except as authorized by this Act, the Illinois | ||||||
| 11 | Controlled Substances Act, the Pharmacy Practice Act, the | ||||||
| 12 | Dental Practice Act, the Medical Practice Act of 1987, the | ||||||
| 13 | Veterinary Medicine and Surgery Practice Act of 2004, the | ||||||
| 14 | Podiatric Medical Practice Act of 1987, Section 22-30 of the | ||||||
| 15 | School Code, Section 40 of the Illinois State Police Act, | ||||||
| 16 | Section 10.19 of the Illinois Police Training Act, or the | ||||||
| 17 | Epinephrine Delivery System Epinephrine Injector Act, to sell | ||||||
| 18 | or dispense a prescription drug without a prescription. | ||||||
| 19 | (Source: P.A. 102-538, eff. 8-20-21.)". | ||||||
