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

Sen. Suzy Glowiak Hilton

Filed: 5/18/2026

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3454

2    AMENDMENT NO. ______. Amend House Bill 3454 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois State Police Act is amended by
5changing 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
9Police Training Act, may be referred to as the Annie LeGere
10Law.
11    (b) For the purposes of this Section, "epinephrine
12delivery system" "epinephrine auto-injector" means a
13single-use device used for the automatic injection of a
14pre-measured dose of epinephrine into the human body
15prescribed in the name of the Illinois State Police.
16    (c) The Illinois State Police may conduct or approve a

 

 

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1training program for State Police officers to recognize and
2respond 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
17officer who has completed the training program under
18subsection (c) to carry, administer, or assist with the
19administration of epinephrine delivery systems epinephrine
20auto-injectors whenever he or she is performing official
21duties.
22    (e) The Illinois State Police must establish a written
23policy to control the acquisition, storage, transportation,
24administration, and disposal of epinephrine delivery systems    
25epinephrine auto-injectors before it allows any State Police
26officer to carry and administer epinephrine delivery systems    

 

 

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1epinephrine auto-injectors.
2    (f) A physician, physician assistant with prescriptive
3authority, or advanced practice registered nurse with
4prescriptive authority may provide a standing protocol or
5prescription for epinephrine delivery systems epinephrine
6auto-injectors in the name of the Illinois State Police to be
7maintained for use when necessary.
8    (g) When a State Police officer administers an epinephrine
9delivery system epinephrine auto-injector in good faith, the
10officer and the Illinois State Police, and its employees and
11agents, including a physician, physician assistant with
12prescriptive authority, or advanced practice registered nurse
13with prescriptive authority who provides a standing order or
14prescription for an epinephrine delivery system epinephrine
15auto-injector, incur no civil or professional liability,
16except for willful and wanton conduct, as a result of any
17injury or death arising from the use of an epinephrine
18delivery 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
21changing 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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1State Police Act, may be referred to as the Annie LeGere Law.
2    (b) For purposes of this Section, "epinephrine delivery
3system" "epinephrine auto-injector" means a single-use device
4used for the automatic injection of a pre-measured dose of
5epinephrine into the human body prescribed in the name of a
6local law enforcement agency.
7    (c) The Board shall conduct or approve an optional
8advanced training program for law enforcement officers to
9recognize and respond to anaphylaxis, including the
10administration of an epinephrine delivery system epinephrine
11auto-injector. The training must include, but is not limited
12to:
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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1enforcement officer who has completed an optional advanced
2training program under subsection (c) to carry, administer, or
3assist with the administration of epinephrine delivery systems    
4epinephrine auto-injectors provided by the local law
5enforcement agency whenever the officer is performing official
6duties.
7    (e) A local law enforcement agency that authorizes its
8officers to carry and administer epinephrine delivery systems    
9epinephrine auto-injectors under subsection (d) must establish
10a policy to control the acquisition, storage, transportation,
11administration, and disposal of epinephrine delivery systems    
12epinephrine auto-injectors and to provide continued training
13in the administration of epinephrine delivery systems    
14epinephrine auto-injectors.
15    (f) A physician, physician assistant with prescriptive
16authority, or advanced practice registered nurse with
17prescriptive authority may provide a standing protocol or
18prescription for epinephrine delivery systems epinephrine
19auto-injectors in the name of a local law enforcement agency
20to be maintained for use when necessary.
21    (g) When a law enforcement officer administers an
22epinephrine delivery system epinephrine auto-injector in good
23faith, the law enforcement officer and local law enforcement
24agency, and its employees and agents, including a physician,
25physician assistant with prescriptive authority, or advanced
26practice registered nurse with prescriptive authority who

 

 

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1provides a standing order or prescription for an epinephrine
2delivery system epinephrine auto-injector, incur no civil or
3professional liability, except for willful and wanton conduct,
4or as a result of any injury or death arising from the use of
5an epinephrine delivery system epinephrine auto-injector.
6(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;
7103-154, eff. 6-30-23.)
 
8    Section 15. The School Code is amended by changing Section
922-30 as follows:
 
10    (105 ILCS 5/22-30)
11    Sec. 22-30. Self-administration and self-carry of asthma
12medication and epinephrine delivery systems injectors;
13administration of undesignated epinephrine delivery systems    
14injectors; administration of an opioid antagonist;
15administration of undesignated asthma medication; supply of
16undesignated oxygen tanks; asthma episode emergency response
17protocol.
18    (a) For the purpose of this Section only, the following
19terms shall have the meanings set forth below:
20    "Asthma action plan" means a written plan developed with a
21pupil's medical provider to help control the pupil's asthma.
22The goal of an asthma action plan is to reduce or prevent
23flare-ups and emergency department visits through day-to-day
24management and to serve as a student-specific document to be

 

 

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1referenced in the event of an asthma episode.
2    "Asthma episode emergency response protocol" means a
3procedure to provide assistance to a pupil experiencing
4symptoms of wheezing, coughing, shortness of breath, chest
5tightness, or breathing difficulty.
6    "Epinephrine delivery system" means any form of
7epinephrine that is approved by the United States Food and
8Drug Administration, including any device that contains a dose
9of epinephrine, and that is used to administer epinephrine
10into the human body to prevent or treat a life-threatening
11allergic reaction injector" includes an auto-injector approved
12by the United States Food and Drug Administration for the
13administration of epinephrine and a pre-filled syringe
14approved by the United States Food and Drug Administration and
15used for the administration of epinephrine that contains a
16pre-measured dose of epinephrine that is equivalent to the
17dosages used in an auto-injector.
18    "Asthma medication" means quick-relief asthma medication,
19including albuterol or other short-acting bronchodilators,
20that is approved by the United States Food and Drug
21Administration for the treatment of respiratory distress.
22"Asthma medication" includes medication delivered through a
23device, including a metered dose inhaler with a reusable or
24disposable spacer or a nebulizer with a mouthpiece or mask.
25    "Opioid antagonist" means a drug that binds to opioid
26receptors and blocks or inhibits the effect of opioids acting

 

 

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1on those receptors, including, but not limited to, naloxone
2hydrochloride or any other similarly acting drug approved by
3the U.S. Food and Drug Administration.
4    "Respiratory distress" means the perceived or actual
5presence of wheezing, coughing, shortness of breath, chest
6tightness, breathing difficulty, or any other symptoms
7consistent with asthma. Respiratory distress may be
8categorized as "mild-to-moderate" or "severe".
9    "School nurse" means a registered nurse working in a
10school with or without licensure endorsed in school nursing.
11    "Self-administration" means a pupil's discretionary use of
12his or her prescribed asthma medication or epinephrine
13delivery system injector.
14    "Self-carry" means a pupil's ability to carry his or her
15prescribed asthma medication or epinephrine delivery system    
16injector.
17    "Standing protocol" may be issued by (i) a physician
18licensed to practice medicine in all its branches, (ii) a
19licensed physician assistant with prescriptive authority, or
20(iii) a licensed advanced practice registered nurse with
21prescriptive authority.
22    "Trained personnel" means any school employee or volunteer
23personnel authorized in Sections 10-22.34, 10-22.34a, and
2410-22.34b of this Code who has completed training under
25subsection (g) of this Section to recognize and respond to
26anaphylaxis, an opioid overdose, or respiratory distress.

 

 

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1    "Undesignated asthma medication" means asthma medication
2prescribed in the name of a school district, public school,
3charter school, or nonpublic school.
4    "Undesignated epinephrine delivery system injector" means
5an epinephrine delivery system injector prescribed in the name
6of a school district, public school, charter school, or
7nonpublic school.
8    (b) A school, whether public, charter, or nonpublic, must
9permit the self-administration and self-carry of asthma
10medication by a pupil with asthma or the self-administration
11and self-carry of an epinephrine delivery system injector by a
12pupil, 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.
13The information provided shall be kept on file in the office of
14the school nurse or, in the absence of a school nurse, the
15school's administrator.
16    (b-5) A school district, public school, charter school, or
17nonpublic school may authorize the provision of a
18student-specific or undesignated epinephrine delivery system    
19injector to a student or any personnel authorized under a
20student's Individual Health Care Action Plan, allergy
21emergency action plan, or plan pursuant to Section 504 of the
22federal Rehabilitation Act of 1973 to administer an
23epinephrine delivery system injector to the student, that
24meets the student's prescription on file.
25    (b-10) The school district, public school, charter school,
26or nonpublic school may authorize a school nurse or trained

 

 

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1personnel to do the following: (i) provide an undesignated
2epinephrine delivery system injector to a student for
3self-administration only or any personnel authorized under a
4student's Individual Health Care Action Plan, allergy
5emergency action plan, plan pursuant to Section 504 of the
6federal Rehabilitation Act of 1973, or individualized
7education program plan to administer to the student that meets
8the student's prescription on file; (ii) administer an
9undesignated epinephrine delivery system injector that meets
10the prescription on file to any student who has an Individual
11Health Care Action Plan, allergy emergency action plan, plan
12pursuant to Section 504 of the federal Rehabilitation Act of
131973, or individualized education program plan that authorizes
14the use of an epinephrine delivery system injector; (iii)
15administer an undesignated epinephrine delivery system    
16injector to any person that the school nurse or trained
17personnel in good faith believes is having an anaphylactic
18reaction; (iv) administer an opioid antagonist to any person
19that the school nurse or trained personnel in good faith
20believes is having an opioid overdose; (v) provide
21undesignated asthma medication to a student for
22self-administration only or to any personnel authorized under
23a student's Individual Health Care Action Plan or asthma
24action plan, plan pursuant to Section 504 of the federal
25Rehabilitation Act of 1973, or individualized education
26program plan to administer to the student that meets the

 

 

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1student's prescription on file; (vi) administer undesignated
2asthma medication that meets the prescription on file to any
3student who has an Individual Health Care Action Plan or
4asthma action plan, plan pursuant to Section 504 of the
5federal Rehabilitation Act of 1973, or individualized
6education program plan that authorizes the use of asthma
7medication; and (vii) administer undesignated asthma
8medication to any person that the school nurse or trained
9personnel believes in good faith is having respiratory
10distress.
11    (c) The school district, public school, charter school, or
12nonpublic school must inform the parents or guardians of the
13pupil, in writing, that the school district, public school,
14charter school, or nonpublic school and its employees and
15agents, including a physician, physician assistant, or
16advanced practice registered nurse providing standing protocol
17and a prescription for school epinephrine delivery systems    
18injectors, an opioid antagonist, or undesignated asthma
19medication, are to incur no liability or professional
20discipline, except for willful and wanton conduct, as a result
21of any injury arising from the administration of asthma
22medication, an epinephrine delivery system injector, or an
23opioid antagonist regardless of whether authorization was
24given by the pupil's parents or guardians or by the pupil's
25physician, physician assistant, or advanced practice
26registered nurse. The parents or guardians of the pupil must

 

 

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1sign a statement acknowledging that the school district,
2public school, charter school, or nonpublic school and its
3employees and agents are to incur no liability, except for
4willful and wanton conduct, as a result of any injury arising
5from the administration of asthma medication, an epinephrine
6delivery system injector, or an opioid antagonist regardless
7of whether authorization was given by the pupil's parents or
8guardians or by the pupil's physician, physician assistant, or
9advanced practice registered nurse and that the parents or
10guardians must indemnify and hold harmless the school
11district, public school, charter school, or nonpublic school
12and its employees and agents against any claims, except a
13claim based on willful and wanton conduct, arising out of the
14administration of asthma medication, an epinephrine delivery
15system injector, or an opioid antagonist regardless of whether
16authorization was given by the pupil's parents or guardians or
17by the pupil's physician, physician assistant, or advanced
18practice registered nurse.
19    (c-5) When a school nurse or trained personnel administers
20an undesignated epinephrine delivery system injector to a
21person whom the school nurse or trained personnel in good
22faith believes is having an anaphylactic reaction, administers
23an opioid antagonist to a person whom the school nurse or
24trained personnel in good faith believes is having an opioid
25overdose, or administers undesignated asthma medication to a
26person whom the school nurse or trained personnel in good

 

 

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1faith believes is having respiratory distress, notwithstanding
2the lack of notice to the parents or guardians of the pupil or
3the absence of the parents or guardians signed statement
4acknowledging no liability, except for willful and wanton
5conduct, the school district, public school, charter school,
6or nonpublic school and its employees and agents, and a
7physician, a physician assistant, or an advanced practice
8registered nurse providing standing protocol and a
9prescription for undesignated epinephrine delivery systems    
10injectors, an opioid antagonist, or undesignated asthma
11medication, are to incur no liability or professional
12discipline, except for willful and wanton conduct, as a result
13of any injury arising from the use of an undesignated
14epinephrine delivery system injector, the use of an opioid
15antagonist, or the use of undesignated asthma medication,
16regardless of whether authorization was given by the pupil's
17parents or guardians or by the pupil's physician, physician
18assistant, or advanced practice registered nurse.
19    (d) The permission for self-administration and self-carry
20of asthma medication or the self-administration and self-carry
21of an epinephrine delivery system injector is effective for
22the school year for which it is granted and shall be renewed
23each subsequent school year upon fulfillment of the
24requirements of this Section.
25    (e) Provided that the requirements of this Section are
26fulfilled, a pupil with asthma may self-administer and

 

 

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1self-carry his or her asthma medication or a pupil may
2self-administer and self-carry an epinephrine delivery system    
3injector (i) while in school, (ii) while at a school-sponsored
4activity, (iii) while under the supervision of school
5personnel, or (iv) before or after normal school activities,
6such as while in before-school or after-school care on
7school-operated property or while being transported on a
8school bus.
9    (e-5) Provided that the requirements of this Section are
10fulfilled, a school nurse or trained personnel may administer
11an undesignated epinephrine delivery system injector to any
12person whom the school nurse or trained personnel in good
13faith believes to be having an anaphylactic reaction (i) while
14in school, (ii) while at a school-sponsored activity, (iii)
15while under the supervision of school personnel, or (iv)
16before or after normal school activities, such as while in
17before-school or after-school care on school-operated property
18or while being transported on a school bus. A school nurse or
19trained personnel may carry undesignated epinephrine delivery
20systems injectors on his or her person while in school or at a
21school-sponsored activity.
22    (e-10) Provided that the requirements of this Section are
23fulfilled, a school nurse or trained personnel may administer
24an opioid antagonist to any person whom the school nurse or
25trained personnel in good faith believes to be having an
26opioid overdose (i) while in school, (ii) while at a

 

 

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1school-sponsored activity, (iii) while under the supervision
2of school personnel, or (iv) before or after normal school
3activities, such as while in before-school or after-school
4care on school-operated property. A school nurse or trained
5personnel may carry an opioid antagonist on his or her person
6while in school or at a school-sponsored activity.
7    (e-15) If the requirements of this Section are met, a
8school nurse or trained personnel may administer undesignated
9asthma medication to any person whom the school nurse or
10trained personnel in good faith believes to be experiencing
11respiratory distress (i) while in school, (ii) while at a
12school-sponsored activity, (iii) while under the supervision
13of school personnel, or (iv) before or after normal school
14activities, including before-school or after-school care on
15school-operated property. A school nurse or trained personnel
16may carry undesignated asthma medication on his or her person
17while in school or at a school-sponsored activity.
18    (f) The school district, public school, charter school, or
19nonpublic school may maintain a supply of undesignated
20epinephrine delivery systems injectors in any secure location
21that is accessible before, during, and after school where an
22allergic person is most at risk, including, but not limited
23to, classrooms and lunchrooms. A physician, a physician
24assistant who has prescriptive authority in accordance with
25Section 7.5 of the Physician Assistant Practice Act of 1987,
26or an advanced practice registered nurse who has prescriptive

 

 

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1authority in accordance with Section 65-40 of the Nurse
2Practice Act may prescribe undesignated epinephrine delivery
3systems injectors in the name of the school district, public
4school, charter school, or nonpublic school to be maintained
5for use when necessary. Any supply of epinephrine delivery
6systems injectors shall be maintained in accordance with the
7manufacturer's instructions.
8    The school district, public school, charter school, or
9nonpublic school shall maintain a supply of an opioid
10antagonist in any secure location where an individual may have
11an opioid overdose, unless there is a shortage of opioid
12antagonists, in which case the school district, public school,
13charter school, or nonpublic school shall make a reasonable
14effort to maintain a supply of an opioid antagonist. Unless
15the school district, public school, charter school, or
16nonpublic school is able to obtain opioid antagonists without
17a prescription, a health care professional who has been
18delegated prescriptive authority for opioid antagonists in
19accordance with Section 5-23 of the Substance Use Disorder Act
20shall prescribe opioid antagonists in the name of the school
21district, public school, charter school, or nonpublic school,
22to be maintained for use when necessary. Any supply of opioid
23antagonists shall be maintained in accordance with the
24manufacturer's instructions.
25    The school district, public school, charter school, or
26nonpublic school may maintain a supply of asthma medication in

 

 

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1any secure location that is accessible before, during, or
2after school where a person is most at risk, including, but not
3limited to, a classroom or the nurse's office. A physician, a
4physician assistant who has prescriptive authority under
5Section 7.5 of the Physician Assistant Practice Act of 1987,
6or an advanced practice registered nurse who has prescriptive
7authority under Section 65-40 of the Nurse Practice Act may
8prescribe undesignated asthma medication in the name of the
9school district, public school, charter school, or nonpublic
10school to be maintained for use when necessary. Any supply of
11undesignated asthma medication must be maintained in
12accordance with the manufacturer's instructions.
13    A school district that provides special educational
14facilities for children with disabilities under Section
1514-4.01 of this Code may maintain a supply of undesignated
16oxygen tanks in any secure location that is accessible before,
17during, and after school where a person with developmental
18disabilities is most at risk, including, but not limited to,
19classrooms and lunchrooms. A physician, a physician assistant
20who has prescriptive authority in accordance with Section 7.5
21of the Physician Assistant Practice Act of 1987, or an
22advanced practice registered nurse who has prescriptive
23authority in accordance with Section 65-40 of the Nurse
24Practice Act may prescribe undesignated oxygen tanks in the
25name of the school district that provides special educational
26facilities for children with disabilities under Section

 

 

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114-4.01 of this Code to be maintained for use when necessary.
2Any supply of oxygen tanks shall be maintained in accordance
3with the manufacturer's instructions and with the local fire
4department's rules.
5    (f-3) Whichever entity initiates the process of obtaining
6undesignated epinephrine delivery systems injectors and
7providing training to personnel for carrying and administering
8undesignated epinephrine delivery systems injectors shall pay
9for the costs of the undesignated epinephrine delivery systems    
10injectors.
11    (f-5) Upon any administration of an epinephrine delivery
12system injector, a school district, public school, charter
13school, or nonpublic school must immediately activate the EMS
14system and notify the student's parent, guardian, or emergency
15contact, if known.
16    Upon any administration of an opioid antagonist, a school
17district, public school, charter school, or nonpublic school
18must immediately activate the EMS system and notify the
19student's parent, guardian, or emergency contact, if known.
20    (f-10) Within 24 hours of the administration of an
21undesignated epinephrine delivery system injector, a school
22district, public school, charter school, or nonpublic school
23must notify the physician, physician assistant, or advanced
24practice registered nurse who provided the standing protocol
25and a prescription for the undesignated epinephrine delivery
26system injector of its use.

 

 

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1    Within 24 hours after the administration of an opioid
2antagonist, a school district, public school, charter school,
3or nonpublic school must notify the health care professional
4who provided the prescription for the opioid antagonist of its
5use.
6    Within 24 hours after the administration of undesignated
7asthma medication, a school district, public school, charter
8school, or nonpublic school must notify the student's parent
9or guardian or emergency contact, if known, and the physician,
10physician assistant, or advanced practice registered nurse who
11provided the standing protocol and a prescription for the
12undesignated asthma medication of its use. The district or
13school must follow up with the school nurse, if available, and
14may, with the consent of the child's parent or guardian,
15notify the child's health care provider of record, as
16determined under this Section, of its use.
17    (g) Prior to the administration of an undesignated
18epinephrine delivery system injector, trained personnel must
19submit to the school's administration proof of completion of a
20training curriculum to recognize and respond to anaphylaxis
21that meets the requirements of subsection (h) of this Section.
22Training must be completed annually. The school district,
23public school, charter school, or nonpublic school must
24maintain records related to the training curriculum and
25trained personnel.
26    Prior to the administration of an opioid antagonist,

 

 

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1trained personnel must submit to the school's administration
2proof of completion of a training curriculum to recognize and
3respond to an opioid overdose, which curriculum must meet the
4requirements of subsection (h-5) of this Section. The school
5district, public school, charter school, or nonpublic school
6must maintain records relating to the training curriculum and
7the trained personnel.
8    Prior to the administration of undesignated asthma
9medication, trained personnel must submit to the school's
10administration proof of completion of a training curriculum to
11recognize and respond to respiratory distress, which must meet
12the requirements of subsection (h-10) of this Section.
13Training must be completed annually, and the school district,
14public school, charter school, or nonpublic school must
15maintain records relating to the training curriculum and the
16trained personnel.
17    (h) A training curriculum to recognize and respond to
18anaphylaxis, including the administration of an undesignated
19epinephrine delivery system injector, may be conducted online
20or 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

 

 

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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
17representing physicians licensed to practice medicine in all
18of its branches, registered nurses, and school nurses, the
19State Board of Education shall make available resource
20materials consistent with criteria in this subsection (h) for
21educating trained personnel to recognize and respond to
22anaphylaxis. The State Board may take into consideration the
23curriculum on this subject developed by other states, as well
24as any other curricular materials suggested by medical experts
25and other groups that work on life-threatening allergy issues.
26The State Board is not required to create new resource

 

 

10400HB3454sam002- 23 -LRB104 09749 BDA 37913 a

1materials. The State Board shall make these resource materials
2available on its Internet website.
3    (h-5) A training curriculum to recognize and respond to an
4opioid overdose, including the administration of an opioid
5antagonist, may be conducted online or in person. The training
6must comply with any training requirements under Section 5-23
7of the Substance Use Disorder Act and the corresponding rules.
8It 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
26respiratory distress, including the administration of

 

 

10400HB3454sam002- 24 -LRB104 09749 BDA 37913 a

1undesignated asthma medication, may be conducted online or in
2person. 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
17undesignated epinephrine delivery system injector by a school
18nurse, trained personnel, or a student at a school or
19school-sponsored activity, the school must report to the State
20Board of Education in a form and manner prescribed by the State
21Board 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;

 

 

10400HB3454sam002- 25 -LRB104 09749 BDA 37913 a

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
7nonpublic school maintains or has an independent contractor
8providing transportation to students who maintains a supply of
9undesignated epinephrine delivery systems injectors, then the
10school district, public school, charter school, or nonpublic
11school must report that information to the State Board of
12Education upon adoption or change of the policy of the school
13district, public school, charter school, nonpublic school, or
14independent contractor, in a manner as prescribed by the State
15Board. The report must include the number of undesignated
16epinephrine delivery systems injectors in supply.
17    (i-5) Within 3 days after the administration of an opioid
18antagonist by a school nurse or trained personnel, the school
19must report to the State Board of Education, in a form and
20manner prescribed by the State Board, the following
21information:
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

 

 

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1        (4) any other information required by the State Board.
2    (i-10) Within 3 days after the administration of
3undesignated asthma medication by a school nurse, trained
4personnel, or a student at a school or school-sponsored
5activity, the school must report to the State Board of
6Education, on a form and in a manner prescribed by the State
7Board 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
22State Board of Education shall submit a report to the General
23Assembly identifying the frequency and circumstances of
24undesignated epinephrine and undesignated asthma medication
25administration during the preceding academic year. Beginning
26with the 2017 report, the report shall also contain

 

 

10400HB3454sam002- 27 -LRB104 09749 BDA 37913 a

1information on which school districts, public schools, charter
2schools, and nonpublic schools maintain or have independent
3contractors providing transportation to students who maintain
4a supply of undesignated epinephrine delivery systems    
5injectors. This report shall be published on the State Board's
6Internet website on the date the report is delivered to the
7General Assembly.
8    (j-5) Annually, each school district, public school,
9charter school, or nonpublic school shall request an asthma
10action plan from the parents or guardians of a pupil with
11asthma. If provided, the asthma action plan must be kept on
12file in the office of the school nurse or, in the absence of a
13school nurse, the school administrator. Copies of the asthma
14action plan may be distributed to appropriate school staff who
15interact with the pupil on a regular basis, and, if
16applicable, may be attached to the pupil's federal Section 504
17plan or individualized education program plan.
18    (j-10) To assist schools with emergency response
19procedures for asthma, the State Board of Education, in
20consultation with statewide professional organizations with
21expertise in asthma management and a statewide organization
22representing school administrators, shall develop a model
23asthma episode emergency response protocol before September 1,
242016. Each school district, charter school, and nonpublic
25school shall adopt an asthma episode emergency response
26protocol before January 1, 2017 that includes all of the

 

 

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1components of the State Board's model protocol.
2    (j-15) (Blank).
3    (j-20) On or before October 1, 2016 and every year
4thereafter, the State Board of Education shall submit a report
5to the General Assembly and the Department of Public Health
6identifying the frequency and circumstances of opioid
7antagonist administration during the preceding academic year.
8This report shall be published on the State Board's Internet
9website on the date the report is delivered to the General
10Assembly.
11    (k) The State Board of Education may adopt rules necessary
12to implement this Section.
13    (l) Nothing in this Section shall limit the amount of
14epinephrine delivery systems injectors that any type of school
15or student may carry or maintain a supply of.
16(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
17103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
181-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
19for effective date of P.A. 103-542); 103-605, eff. 7-1-24.)
 
20    Section 20. The Illinois Insurance Code is amended by
21changing Section 356z.33 as follows:
 
22    (215 ILCS 5/356z.33)
23    Sec. 356z.33. Coverage for epinephrine delivery systems    
24epinephrine injectors.

 

 

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1    (a) A group or individual policy of accident and health
2insurance or a managed care plan that is amended, delivered,
3issued, or renewed on or after January 1, 2020 (the effective
4date of Public Act 101-281) shall provide coverage for
5medically necessary epinephrine delivery systems epinephrine
6injectors for persons 18 years of age or under. As used in this
7Section, "epinephrine delivery system" "epinephrine injector"    
8has the meaning given to that term in Section 5 of the
9Epinephrine Delivery System Epinephrine Injector Act.
10    (b) An insurer that provides coverage for medically
11necessary epinephrine delivery systems epinephrine injectors    
12shall limit the total amount that an insured is required to pay
13for a twin-pack of medically necessary epinephrine delivery
14systems epinephrine injectors at an amount not to exceed $60,
15regardless of the type of epinephrine delivery system    
16epinephrine injector; except that this provision does not
17apply to the extent such coverage would disqualify a
18high-deductible health plan from eligibility for a health
19savings account pursuant to Section 223 of the Internal
20Revenue Code (26 U.S.C. 223).
21    (c) Nothing in this Section prevents an insurer from
22reducing an insured's cost sharing by an amount greater than
23the amount specified in subsection (b).
24    (d) The Department may adopt rules as necessary to
25implement and administer this Section.
26(Source: P.A. 102-558, eff. 8-20-21; 103-454, eff. 1-1-25;

 

 

10400HB3454sam002- 30 -LRB104 09749 BDA 37913 a

1103-718, eff. 7-19-24.)
 
2    Section 25. The Medical Practice Act of 1987 is amended by
3changing 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    
7epinephrine auto-injector. A licensee under this Act may not
8be subject to discipline for providing a standing order or
9prescription for an epinephrine delivery system epinephrine
10auto-injector in accordance with Section 40 of the Illinois
11State Police Act or Section 10.19 of the Illinois Police
12Training Act.
13(Source: P.A. 102-538, eff. 8-20-21.)
 
14    Section 30. The Epinephrine Injector Act is amended by
15changing 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
18Epinephrine 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:

 

 

10400HB3454sam002- 31 -LRB104 09749 BDA 37913 a

1    "Administer" means to directly apply an epinephrine
2delivery system to the body of an individual.
3    "Authorized entity" means any entity or organization,
4other than a school covered under Section 22-30 of the School
5Code, in connection with or at which allergens capable of
6causing anaphylaxis may be present, including, but not limited
7to, independent contractors who provide student transportation
8to schools, recreation camps, colleges and universities, day
9care facilities, youth sports leagues, amusement parks,
10restaurants, sports arenas, and places of employment. The
11Department shall, by rule, determine what constitutes a day
12care facility under this definition.
13    "Authorized individual" means an individual who has
14successfully completed the training program under Section 10
15of this Act.
16    "Department" means the Department of Public Health.
17    "Epinephrine delivery system" means any form of
18epinephrine that is approved by the United States Food and
19Drug Administration, including any device that contains a dose
20of epinephrine, and that is used to administer epinephrine
21into the human body to prevent or treat a life-threatening
22allergic reaction.
23    "Health care practitioner" means a physician licensed to
24practice medicine in all its branches under the Medical
25Practice Act of 1987, a physician assistant under the
26Physician Assistant Practice Act of 1987 with prescriptive

 

 

10400HB3454sam002- 32 -LRB104 09749 BDA 37913 a

1authority, or an advanced practice registered nurse with
2prescribing authority under Article 65 of the Nurse Practice
3Act.
4    "Pharmacist" has the meaning given to that term under
5subsection (k-5) of Section 3 of the Pharmacy Practice Act.
6    "Undesignated epinephrine delivery system injector" means
7an epinephrine delivery system injector prescribed in the name
8of 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
13delivery systems injectors in the name of an authorized entity
14or authorized individual for use in accordance with this Act,
15and pharmacists and health care practitioners may dispense
16epinephrine delivery systems pursuant to a prescription issued
17in the name of an authorized entity or authorized individual.
18Such prescriptions shall be valid for a period of 2 years.
19    (a-1) A health care provider with prescribing authority
20who is employed by or under contract with the Department may
21issue a statewide standing order for the dispensing of
22epinephrine delivery systems for use under subsection (c) by
23authorized individuals or by employees or agents of authorized
24entities who have completed the training required by
25subsection (d).

 

 

10400HB3454sam002- 33 -LRB104 09749 BDA 37913 a

1    (b) An authorized entity or authorized individual may
2acquire and stock a supply of undesignated epinephrine
3delivery systems pursuant to a prescription issued under
4subsection (a) of this Section. Such undesignated epinephrine
5delivery systems shall be stored in a location readily
6accessible in an emergency and in accordance with the
7instructions for use of the epinephrine delivery systems. The
8Department may establish any additional requirements an
9authorized entity or authorized individual must follow under
10this Act.
11    (c) An employee or agent of an authorized entity who is an
12authorized individual or any other individual who is an
13authorized 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

 

 

10400HB3454sam002- 34 -LRB104 09749 BDA 37913 a

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
5must complete an anaphylaxis training program before he or she
6is able to provide or administer an epinephrine delivery
7system under this Section. Such training shall be valid for a
8period of 2 years and shall be conducted by a nationally
9recognized organization experienced in training laypersons in
10emergency health treatment. The Department shall include links
11to 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.

 

 

10400HB3454sam002- 35 -LRB104 09749 BDA 37913 a

1    Training may be conducted either online or in person. The
2entity or individual conducting the training shall issue a
3certificate to each person who successfully completes the
4anaphylaxis training program. The Department shall approve
5training programs and list permitted training programs on the
6Department'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
10obtaining undesignated epinephrine delivery systems and
11providing training to personnel for carrying and administering
12undesignated epinephrine delivery systems shall pay for the
13costs 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
17epinephrine delivery system in accordance with the
18requirements of this Act does not constitute the practice of
19medicine or any other profession that requires medical
20licensure.
21    Nothing in this Act shall limit the amount of epinephrine
22delivery systems that an authorized entity or individual may
23carry or maintain a supply of.
24(Source: P.A. 104-229, eff. 1-1-26.)
 

 

 

10400HB3454sam002- 36 -LRB104 09749 BDA 37913 a

1    Section 35. The Emergency Asthma Inhalers and Allergy
2Treatment for Children Act is amended by changing Section 10
3as follows:
 
4    (410 ILCS 607/10)
5    Sec. 10. Possession, self-administration, and use of
6epinephrine delivery systems epinephrine auto-injectors or
7inhalers at recreation camps and after-school care programs.
8    (a) A recreation camp or an after-school care program
9shall permit a child with severe, potentially life-threatening
10allergies to possess, self-administer, and use an epinephrine
11delivery system epinephrine auto-injector or inhaler, if the
12following 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

 

 

10400HB3454sam002- 37 -LRB104 09749 BDA 37913 a

1    program setting.
2    (b) The child's parent or guardian shall provide the camp
3or 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
22may possess, self-administer, and use an epinephrine delivery
23system epinephrine auto-injector or inhaler at the camp or
24after-school care program or at any camp-sponsored or
25program-sponsored activity, event, or program.
26    (d) The recreational camp or after-school care program

 

 

10400HB3454sam002- 38 -LRB104 09749 BDA 37913 a

1must inform the parents or guardians of the child, in writing,
2that the recreational camp or after-school care program and
3its employees and agents are to incur no liability, as
4applicable, except for willful and wanton conduct, as a result
5of any injury arising from the self-administration of
6medication to the child. The parents or guardians of the child
7must sign a statement acknowledging that the recreational camp
8or after-school care program is to incur no liability, except
9for willful and wanton conduct, as a result of any injury
10arising from the self-administration of medication by the
11child and that the parents or guardians must indemnify and
12hold harmless the recreational camp or after-school care
13program and its employees and agents, as applicable, against
14any claims, except a claim based on willful and wanton
15conduct, arising out of the self-administration of medication
16by the child.
17    (e) After-school care program personnel who have completed
18an anaphylaxis training program as identified under the
19Epinephrine Delivery System Epinephrine Injector Act may
20administer an undesignated epinephrine injection to any child
21if the after-school care program personnel believe in good
22faith that the child is having an anaphylactic reaction while
23in the after-school care program. After-school care program
24personnel may carry undesignated epinephrine delivery systems    
25epinephrine injectors on their person while in the
26after-school care program.

 

 

10400HB3454sam002- 39 -LRB104 09749 BDA 37913 a

1    (f) After-school care program personnel may administer
2undesignated asthma medication to any child if the
3after-school care program personnel believe in good faith that
4the child is experiencing respiratory distress while in the
5after-school care program. After-school care program personnel
6may carry undesignated asthma medication on their person while
7in the after-school care program.
8    (g) If after-school care program personnel are to
9administer an undesignated epinephrine injection or an
10undesignated asthma medication to a child, the after-school
11care program personnel must inform the parents or guardians of
12the child, in writing, that the after-school care program and
13its employees and agents, acting in accordance with standard
14protocols and the prescription for the injection or
15medication, shall incur no liability, except for willful and
16wanton conduct, as a result of any injury arising from the
17administration of the injection or medication, notwithstanding
18whether authorization was given by the child's parents or
19guardians or by the child's physician, physician assistant, or
20advanced practice registered nurse. A parent or guardian of
21the child must sign a statement acknowledging that the
22after-school care program and its employees and agents are to
23incur no liability, except for willful and wanton conduct, as
24a result of any injury arising from the administration of the
25medication or injection, regardless of whether authorization
26was given by a parent or guardian of the child or by the

 

 

10400HB3454sam002- 40 -LRB104 09749 BDA 37913 a

1child's physician, physician assistant, or advanced practice
2registered nurse, and that the parent or guardian must also
3indemnify and hold harmless the after-school care program and
4its employees and agents against any claims, except a claim
5based on willful and wanton conduct, arising out of the
6administration of the medication or injection, regardless of
7whether authorization was given by the child's parent or
8guardian or by the child's physician, physician assistant, or
9advanced practice registered nurse.
10    (h) If after-school care program personnel administer an
11undesignated epinephrine injection to a person and the
12after-school care program personnel believe in good faith the
13person is having an anaphylactic reaction or administer
14undesignated asthma medication to a person and believe in good
15faith the person is experiencing respiratory distress, then
16the after-school care program and its employees and agents,
17acting in accordance with standard protocols and the
18prescription for the injection or medication, shall not incur
19any liability or be subject to professional discipline, except
20for willful and wanton conduct, as a result of any injury
21arising from the use of the injection or medication,
22notwithstanding whether notice was given to or authorization
23was given by the child's parent or guardian or by the child's
24physician, physician assistant, or advanced practice
25registered nurse and notwithstanding the absence of the
26parent's or guardian's signed statement acknowledging release

 

 

10400HB3454sam002- 41 -LRB104 09749 BDA 37913 a

1from liability.
2    (i) The changes made to this Section by this amendatory
3Act of the 103rd General Assembly apply to actions filed on or
4after the effective date of this amendatory Act of the 103rd
5General Assembly.
6(Source: P.A. 103-438, eff. 8-4-23.)
 
7    Section 40. The Illinois Food, Drug and Cosmetic Act is
8amended 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
11Controlled Substances Act, the Pharmacy Practice Act, the
12Dental Practice Act, the Medical Practice Act of 1987, the
13Veterinary Medicine and Surgery Practice Act of 2004, the
14Podiatric Medical Practice Act of 1987, Section 22-30 of the
15School Code, Section 40 of the Illinois State Police Act,
16Section 10.19 of the Illinois Police Training Act, or the
17Epinephrine Delivery System Epinephrine Injector Act, to sell
18or dispense a prescription drug without a prescription.
19(Source: P.A. 102-538, eff. 8-20-21.)".
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