Bill Text: IL HB3454 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends various Acts to change references from "epinephrine auto-injector" or "epinephrine injector" to "FDA approved epinephrine delivery device or product". Changes the name of the Epinephrine Injector Act to the FDA Approved Epinephrine Delivery Device or Product Act.

Sponsorship: Partisan Bill (Democrat 11)

Status: (Passed) 2026-08-07 - Public Act . . . . . . . . . 104-0762 [HB3454 Detail]

Download: Illinois-2025-HB3454-Enrolled.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois State Police Act is amended by
changing Section 40 as follows:
(20 ILCS 2610/40)
Sec. 40. Administration of epinephrine.
(a) This Section, along with Section 10.19 of the Illinois
Police Training Act, may be referred to as the Annie LeGere
Law.
(b) For the purposes of this Section, "epinephrine
delivery system" "epinephrine auto-injector" means a
single-use device used for the automatic injection of a
pre-measured dose of epinephrine into the human body
prescribed in the name of the Illinois State Police.
(c) The Illinois State Police may conduct or approve a
training program for State Police officers to recognize and
respond to anaphylaxis, including, but not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine delivery system
epinephrine auto-injector;

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(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine delivery system epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Illinois State Police.
(d) The Illinois State Police may authorize a State Police
officer who has completed the training program under
subsection (c) to carry, administer, or assist with the
administration of epinephrine delivery systems epinephrine
auto-injectors whenever he or she is performing official
duties.
(e) The Illinois State Police must establish a written
policy to control the acquisition, storage, transportation,
administration, and disposal of epinephrine delivery systems
epinephrine auto-injectors before it allows any State Police
officer to carry and administer epinephrine delivery systems
epinephrine auto-injectors.
(f) A physician, physician assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine delivery systems epinephrine
auto-injectors in the name of the Illinois State Police to be
maintained for use when necessary.

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(g) When a State Police officer administers an epinephrine
delivery system epinephrine auto-injector in good faith, the
officer and the Illinois State Police, and its employees and
agents, including a physician, physician assistant with
prescriptive authority, or advanced practice registered nurse
with prescriptive authority who provides a standing order or
prescription for an epinephrine delivery system epinephrine
auto-injector, incur no civil or professional liability,
except for willful and wanton conduct, as a result of any
injury or death arising from the use of an epinephrine
delivery system epinephrine auto-injector.
(Source: P.A. 104-24, eff. 1-1-26.)
Section 10. The Illinois Police Training Act is amended by
changing Section 10.19 as follows:
(50 ILCS 705/10.19)
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the Illinois
State Police Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine delivery
system" "epinephrine auto-injector" means a single-use device
used for the automatic injection of a pre-measured dose of
epinephrine into the human body prescribed in the name of a
local law enforcement agency.
(c) The Board shall conduct or approve an optional

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advanced training program for law enforcement officers to
recognize and respond to anaphylaxis, including the
administration of an epinephrine delivery system epinephrine
auto-injector. The training must include, but is not limited
to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine delivery system
epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine delivery system epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local law enforcement agency may authorize a law
enforcement officer who has completed an optional advanced
training program under subsection (c) to carry, administer, or
assist with the administration of epinephrine delivery systems
epinephrine auto-injectors provided by the local law
enforcement agency whenever the officer is performing official
duties.
(e) A local law enforcement agency that authorizes its

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officers to carry and administer epinephrine delivery systems
epinephrine auto-injectors under subsection (d) must establish
a policy to control the acquisition, storage, transportation,
administration, and disposal of epinephrine delivery systems
epinephrine auto-injectors and to provide continued training
in the administration of epinephrine delivery systems
epinephrine auto-injectors.
(f) A physician, physician assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine delivery systems epinephrine
auto-injectors in the name of a local law enforcement agency
to be maintained for use when necessary.
(g) When a law enforcement officer administers an
epinephrine delivery system epinephrine auto-injector in good
faith, the law enforcement officer and local law enforcement
agency, and its employees and agents, including a physician,
physician assistant with prescriptive authority, or advanced
practice registered nurse with prescriptive authority who
provides a standing order or prescription for an epinephrine
delivery system epinephrine auto-injector, incur no civil or
professional liability, except for willful and wanton conduct,
or as a result of any injury or death arising from the use of
an epinephrine delivery system epinephrine auto-injector.
(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;
103-154, eff. 6-30-23.)

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Section 15. The School Code is amended by changing Section
22-30 as follows:
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine delivery systems injectors;
administration of undesignated epinephrine delivery systems
injectors; administration of an opioid antagonist;
administration of undesignated asthma medication; supply of
undesignated oxygen tanks; asthma episode emergency response
protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
"Epinephrine delivery system" means any form of
epinephrine that is approved by the United States Food and

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Drug Administration, including any device that contains a dose
of epinephrine, and that is used to administer epinephrine
into the human body to prevent or treat a life-threatening
allergic reaction injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug
Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be

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categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a
school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
delivery system injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine delivery system
injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,
charter school, or nonpublic school.
"Undesignated epinephrine delivery system injector" means
an epinephrine delivery system injector prescribed in the name
of a school district, public school, charter school, or
nonpublic school.

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(b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine delivery system injector by a
pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine delivery system injector or
(B) the self-carry of an epinephrine delivery system
injector, written authorization from the pupil's
physician, physician assistant, or advanced practice
registered nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
delivery system injector, a written statement from the
pupil's physician, physician assistant, or advanced
practice registered nurse containing the following
information:
(A) the name and purpose of the epinephrine

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delivery system injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine delivery
system injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine delivery system
injector to a student or any personnel authorized under a
student's Individual Health Care Action Plan, allergy
emergency action plan, or plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973 to administer an
epinephrine delivery system injector to the student, that
meets the student's prescription on file.
(b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine delivery system injector to a student for
self-administration only or any personnel authorized under a
student's Individual Health Care Action Plan, allergy
emergency action plan, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized
education program plan to administer to the student that meets

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the student's prescription on file; (ii) administer an
undesignated epinephrine delivery system injector that meets
the prescription on file to any student who has an Individual
Health Care Action Plan, allergy emergency action plan, plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or individualized education program plan that authorizes
the use of an epinephrine delivery system injector; (iii)
administer an undesignated epinephrine delivery system
injector to any person that the school nurse or trained
personnel in good faith believes is having an anaphylactic
reaction; (iv) administer an opioid antagonist to any person
that the school nurse or trained personnel in good faith
believes is having an opioid overdose; (v) provide
undesignated asthma medication to a student for
self-administration only or to any personnel authorized under
a student's Individual Health Care Action Plan or asthma
action plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan to administer to the student that meets the
student's prescription on file; (vi) administer undesignated
asthma medication that meets the prescription on file to any
student who has an Individual Health Care Action Plan or
asthma action plan, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized
education program plan that authorizes the use of asthma
medication; and (vii) administer undesignated asthma

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medication to any person that the school nurse or trained
personnel believes in good faith is having respiratory
distress.
(c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a prescription for school epinephrine delivery systems
injectors, an opioid antagonist, or undesignated asthma
medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, an epinephrine delivery system injector, or an
opioid antagonist regardless of whether authorization was
given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse. The parents or guardians of the pupil must
sign a statement acknowledging that the school district,
public school, charter school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
delivery system injector, or an opioid antagonist regardless
of whether authorization was given by the pupil's parents or

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guardians or by the pupil's physician, physician assistant, or
advanced practice registered nurse and that the parents or
guardians must indemnify and hold harmless the school
district, public school, charter school, or nonpublic school
and its employees and agents against any claims, except a
claim based on willful and wanton conduct, arising out of the
administration of asthma medication, an epinephrine delivery
system injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine delivery system injector to a
person whom the school nurse or trained personnel in good
faith believes is having an anaphylactic reaction, administers
an opioid antagonist to a person whom the school nurse or
trained personnel in good faith believes is having an opioid
overdose, or administers undesignated asthma medication to a
person whom the school nurse or trained personnel in good
faith believes is having respiratory distress, notwithstanding
the lack of notice to the parents or guardians of the pupil or
the absence of the parents or guardians signed statement
acknowledging no liability, except for willful and wanton
conduct, the school district, public school, charter school,
or nonpublic school and its employees and agents, and a
physician, a physician assistant, or an advanced practice

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registered nurse providing standing protocol and a
prescription for undesignated epinephrine delivery systems
injectors, an opioid antagonist, or undesignated asthma
medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine delivery system injector, the use of an opioid
antagonist, or the use of undesignated asthma medication,
regardless of whether authorization was given by the pupil's
parents or guardians or by the pupil's physician, physician
assistant, or advanced practice registered nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine delivery system injector is effective for
the school year for which it is granted and shall be renewed
each subsequent school year upon fulfillment of the
requirements of this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine delivery system
injector (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property or while being transported on a

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school bus.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine delivery system injector to any
person whom the school nurse or trained personnel in good
faith believes to be having an anaphylactic reaction (i) while
in school, (ii) while at a school-sponsored activity, (iii)
while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus. A school nurse or
trained personnel may carry undesignated epinephrine delivery
systems injectors on his or her person while in school or at a
school-sponsored activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an
opioid overdose (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school
care on school-operated property. A school nurse or trained
personnel may carry an opioid antagonist on his or her person
while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a

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school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or
trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine delivery systems injectors in any secure location
that is accessible before, during, and after school where an
allergic person is most at risk, including, but not limited
to, classrooms and lunchrooms. A physician, a physician
assistant who has prescriptive authority in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine delivery
systems injectors in the name of the school district, public
school, charter school, or nonpublic school to be maintained
for use when necessary. Any supply of epinephrine delivery
systems injectors shall be maintained in accordance with the
manufacturer's instructions.

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The school district, public school, charter school, or
nonpublic school shall maintain a supply of an opioid
antagonist in any secure location where an individual may have
an opioid overdose, unless there is a shortage of opioid
antagonists, in which case the school district, public school,
charter school, or nonpublic school shall make a reasonable
effort to maintain a supply of an opioid antagonist. Unless
the school district, public school, charter school, or
nonpublic school is able to obtain opioid antagonists without
a prescription, a health care professional who has been
delegated prescriptive authority for opioid antagonists in
accordance with Section 5-23 of the Substance Use Disorder Act
shall prescribe opioid antagonists in the name of the school
district, public school, charter school, or nonpublic school,
to be maintained for use when necessary. Any supply of opioid
antagonists shall be maintained in accordance with the
manufacturer's instructions.
The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or
after school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may

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prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
A school district that provides special educational
facilities for children with disabilities under Section
14-4.01 of this Code may maintain a supply of undesignated
oxygen tanks in any secure location that is accessible before,
during, and after school where a person with developmental
disabilities is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated oxygen tanks in the
name of the school district that provides special educational
facilities for children with disabilities under Section
14-4.01 of this Code to be maintained for use when necessary.
Any supply of oxygen tanks shall be maintained in accordance
with the manufacturer's instructions and with the local fire
department's rules.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine delivery systems injectors and
providing training to personnel for carrying and administering

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undesignated epinephrine delivery systems injectors shall pay
for the costs of the undesignated epinephrine delivery systems
injectors.
(f-5) Upon any administration of an epinephrine delivery
system injector, a school district, public school, charter
school, or nonpublic school must immediately activate the EMS
system and notify the student's parent, guardian, or emergency
contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine delivery system injector, a school
district, public school, charter school, or nonpublic school
must notify the physician, physician assistant, or advanced
practice registered nurse who provided the standing protocol
and a prescription for the undesignated epinephrine delivery
system injector of its use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter

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school, or nonpublic school must notify the student's parent
or guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian,
notify the child's health care provider of record, as
determined under this Section, of its use.
(g) Prior to the administration of an undesignated
epinephrine delivery system injector, trained personnel must
submit to the school's administration proof of completion of a
training curriculum to recognize and respond to anaphylaxis
that meets the requirements of subsection (h) of this Section.
Training must be completed annually. The school district,
public school, charter school, or nonpublic school must
maintain records related to the training curriculum and
trained personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to the school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. The school
district, public school, charter school, or nonpublic school
must maintain records relating to the training curriculum and
the trained personnel.

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Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section.
Training must be completed annually, and the school district,
public school, charter school, or nonpublic school must
maintain records relating to the training curriculum and the
trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine delivery system injector, may be conducted online
or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine delivery system
injector; and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine delivery system injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and
its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the

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importance of calling 9-1-1 or, if 9-1-1 is not available,
other local emergency medical services;
(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted
pursuant to this Section; and
(F) any policy developed by the State Board of
Education under Section 2-3.190.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all
of its branches, registered nurses, and school nurses, the
State Board of Education shall make available resource
materials consistent with criteria in this subsection (h) for
educating trained personnel to recognize and respond to
anaphylaxis. The State Board may take into consideration the
curriculum on this subject developed by other states, as well
as any other curricular materials suggested by medical experts
and other groups that work on life-threatening allergy issues.
The State Board is not required to create new resource
materials. The State Board shall make these resource materials
available on its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act and the corresponding rules.

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It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is
not available, other local emergency medical services;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of
undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress
and how to distinguish respiratory distress from
anaphylaxis;
(2) how to respond to an emergency involving
respiratory distress;

HB3454 Enrolled - 24 - LRB104 09749 BDA 19815 b
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is
not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge
required to recognize respiratory distress and administer
asthma medication; and
(6) other criteria as determined in rules adopted
under this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine delivery system injector by a school
nurse, trained personnel, or a student at a school or
school-sponsored activity, the school must report to the State
Board of Education in a form and manner prescribed by the State
Board the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe
allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor

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providing transportation to students who maintains a supply of
undesignated epinephrine delivery systems injectors, then the
school district, public school, charter school, or nonpublic
school must report that information to the State Board of
Education upon adoption or change of the policy of the school
district, public school, charter school, nonpublic school, or
independent contractor, in a manner as prescribed by the State
Board. The report must include the number of undesignated
epinephrine delivery systems injectors in supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:

HB3454 Enrolled - 26 - LRB104 09749 BDA 19815 b
(1) the age and type of person receiving the asthma
medication (student, staff, or visitor);
(2) any previously known diagnosis of asthma for the
person;
(3) the trigger that precipitated respiratory
distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma
medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication
administration; and
(8) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the
State Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain
information on which school districts, public schools, charter
schools, and nonpublic schools maintain or have independent
contractors providing transportation to students who maintain
a supply of undesignated epinephrine delivery systems
injectors. This report shall be published on the State Board's
Internet website on the date the report is delivered to the
General Assembly.

HB3454 Enrolled - 27 - LRB104 09749 BDA 19815 b
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if
applicable, may be attached to the pupil's federal Section 504
plan or individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
(j-15) (Blank).
(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.

HB3454 Enrolled - 28 - LRB104 09749 BDA 19815 b
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine delivery systems injectors that any type of school
or student may carry or maintain a supply of.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
for effective date of P.A. 103-542); 103-605, eff. 7-1-24.)
Section 20. The Illinois Insurance Code is amended by
changing Section 356z.33 as follows:
(215 ILCS 5/356z.33)
Sec. 356z.33. Coverage for epinephrine delivery systems
epinephrine injectors.
(a) A group or individual policy of accident and health
insurance or a managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2020 (the effective
date of Public Act 101-281) shall provide coverage for
medically necessary epinephrine delivery systems epinephrine
injectors for persons 18 years of age or under. As used in this
Section, "epinephrine delivery system" "epinephrine injector"

HB3454 Enrolled - 29 - LRB104 09749 BDA 19815 b
has the meaning given to that term in Section 5 of the
Epinephrine Delivery System Epinephrine Injector Act.
(b) An insurer that provides coverage for medically
necessary epinephrine delivery systems epinephrine injectors
shall limit the total amount that an insured is required to pay
for a twin-pack of medically necessary epinephrine delivery
systems epinephrine injectors at an amount not to exceed $60,
regardless of the type of epinephrine delivery system
epinephrine injector; except that this provision does not
apply to the extent such coverage would disqualify a
high-deductible health plan from eligibility for a health
savings account pursuant to Section 223 of the Internal
Revenue Code (26 U.S.C. 223).
(c) Nothing in this Section prevents an insurer from
reducing an insured's cost sharing by an amount greater than
the amount specified in subsection (b).
(d) The Department may adopt rules as necessary to
implement and administer this Section.
(Source: P.A. 102-558, eff. 8-20-21; 103-454, eff. 1-1-25;
103-718, eff. 7-19-24.)
Section 25. The Medical Practice Act of 1987 is amended by
changing Section 65 as follows:
(225 ILCS 60/65)
(Section scheduled to be repealed on January 1, 2027)

HB3454 Enrolled - 30 - LRB104 09749 BDA 19815 b
Sec. 65. Annie LeGere Law; epinephrine delivery system
epinephrine auto-injector. A licensee under this Act may not
be subject to discipline for providing a standing order or
prescription for an epinephrine delivery system epinephrine
auto-injector in accordance with Section 40 of the Illinois
State Police Act or Section 10.19 of the Illinois Police
Training Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 30. The Epinephrine Injector Act is amended by
changing Sections 1, 5, 10, 15, and 20 as follows:
(410 ILCS 27/1)
Sec. 1. Short title. This Act may be cited as the
Epinephrine Delivery System Epinephrine Injector Act.
(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.)
(410 ILCS 27/5)
Sec. 5. Definitions. As used in this Act:
"Administer" means to directly apply an epinephrine
delivery system to the body of an individual.
"Authorized entity" means any entity or organization,
other than a school covered under Section 22-30 of the School
Code, in connection with or at which allergens capable of
causing anaphylaxis may be present, including, but not limited
to, independent contractors who provide student transportation

HB3454 Enrolled - 31 - LRB104 09749 BDA 19815 b
to schools, recreation camps, colleges and universities, day
care facilities, youth sports leagues, amusement parks,
restaurants, sports arenas, and places of employment. The
Department shall, by rule, determine what constitutes a day
care facility under this definition.
"Authorized individual" means an individual who has
successfully completed the training program under Section 10
of this Act.
"Department" means the Department of Public Health.
"Epinephrine delivery system" means any form of
epinephrine that is approved by the United States Food and
Drug Administration, including any device that contains a dose
of epinephrine, and that is used to administer epinephrine
into the human body to prevent or treat a life-threatening
allergic reaction.
"Health care practitioner" means a physician licensed to
practice medicine in all its branches under the Medical
Practice Act of 1987, a physician assistant under the
Physician Assistant Practice Act of 1987 with prescriptive
authority, or an advanced practice registered nurse with
prescribing authority under Article 65 of the Nurse Practice
Act.
"Pharmacist" has the meaning given to that term under
subsection (k-5) of Section 3 of the Pharmacy Practice Act.
"Undesignated epinephrine delivery system injector" means
an epinephrine delivery system injector prescribed in the name

HB3454 Enrolled - 32 - LRB104 09749 BDA 19815 b
of an authorized entity.
(Source: P.A. 104-229, eff. 1-1-26.)
(410 ILCS 27/10)
Sec. 10. Prescription to authorized entity; use; training.
(a) A health care practitioner may prescribe epinephrine
delivery systems injectors in the name of an authorized entity
or authorized individual for use in accordance with this Act,
and pharmacists and health care practitioners may dispense
epinephrine delivery systems pursuant to a prescription issued
in the name of an authorized entity or authorized individual.
Such prescriptions shall be valid for a period of 2 years.
(a-1) A health care provider with prescribing authority
who is employed by or under contract with the Department may
issue a statewide standing order for the dispensing of
epinephrine delivery systems for use under subsection (c) by
authorized individuals or by employees or agents of authorized
entities who have completed the training required by
subsection (d).
(b) An authorized entity or authorized individual may
acquire and stock a supply of undesignated epinephrine
delivery systems pursuant to a prescription issued under
subsection (a) of this Section. Such undesignated epinephrine
delivery systems shall be stored in a location readily
accessible in an emergency and in accordance with the
instructions for use of the epinephrine delivery systems. The

HB3454 Enrolled - 33 - LRB104 09749 BDA 19815 b
Department may establish any additional requirements an
authorized entity or authorized individual must follow under
this Act.
(c) An employee or agent of an authorized entity who is an
authorized individual or any other individual who is an
authorized individual may:
(1) anywhere allergens capable of causing anaphylaxis
may be present provide an epinephrine delivery system to
any individual whom the employee, agent, or other
individual believes in good faith is experiencing
anaphylaxis, or to the parent, guardian, or caregiver of
such individual, for immediate administration, regardless
of whether the individual has a prescription for an
epinephrine delivery system or has previously been
diagnosed with an allergy; or
(2) anywhere allergens capable of causing anaphylaxis
may be present administer an epinephrine delivery system
to any individual whom the employee, agent, or other
individual believes in good faith is experiencing
anaphylaxis, regardless of whether the individual has a
prescription for an epinephrine delivery system or has
previously been diagnosed with an allergy.
(d) An employee, agent, or other individual authorized
must complete an anaphylaxis training program before he or she
is able to provide or administer an epinephrine delivery
system under this Section. Such training shall be valid for a

HB3454 Enrolled - 34 - LRB104 09749 BDA 19815 b
period of 2 years and shall be conducted by a nationally
recognized organization experienced in training laypersons in
emergency health treatment. The Department shall include links
to training providers' websites on its website.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine delivery system;
and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine delivery system.
Training may also include, but is not limited to:
(A) a review of high-risk areas on the authorized
entity's property and its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures; and
(D) other criteria as determined in rules adopted
pursuant to this Act.
Training may be conducted either online or in person. The
entity or individual conducting the training shall issue a
certificate to each person who successfully completes the
anaphylaxis training program. The Department shall approve
training programs and list permitted training programs on the
Department's Internet website.
(Source: P.A. 104-229, eff. 1-1-26.)

HB3454 Enrolled - 35 - LRB104 09749 BDA 19815 b
(410 ILCS 27/15)
Sec. 15. Costs. Whichever entity initiates the process of
obtaining undesignated epinephrine delivery systems and
providing training to personnel for carrying and administering
undesignated epinephrine delivery systems shall pay for the
costs of the undesignated epinephrine delivery systems.
(Source: P.A. 104-229, eff. 1-1-26.)
(410 ILCS 27/20)
Sec. 20. Limitations. The use of an undesignated
epinephrine delivery system in accordance with the
requirements of this Act does not constitute the practice of
medicine or any other profession that requires medical
licensure.
Nothing in this Act shall limit the amount of epinephrine
delivery systems that an authorized entity or individual may
carry or maintain a supply of.
(Source: P.A. 104-229, eff. 1-1-26.)
Section 35. The Emergency Asthma Inhalers and Allergy
Treatment for Children Act is amended by changing Section 10
as follows:
(410 ILCS 607/10)
Sec. 10. Possession, self-administration, and use of

HB3454 Enrolled - 36 - LRB104 09749 BDA 19815 b
epinephrine delivery systems epinephrine auto-injectors or
inhalers at recreation camps and after-school care programs.
(a) A recreation camp or an after-school care program
shall permit a child with severe, potentially life-threatening
allergies to possess, self-administer, and use an epinephrine
delivery system epinephrine auto-injector or inhaler, if the
following conditions are satisfied:
(1) The child has the written approval of his or her
parent or guardian.
(2) The recreational camp or after-school care program
administrator or, if a nurse is assigned to the camp or
program, the nurse shall receive copies of the written
approvals required under paragraph (1) of subsection (a)
of this Section.
(3) The child's parent or guardian shall submit
written verification confirming that the child has the
knowledge and skills to safely possess, self-administer,
and use an epinephrine delivery system epinephrine
auto-injector or inhaler in a camp or an after-school care
program setting.
(b) The child's parent or guardian shall provide the camp
or program with the following information:
(1) the child's name;
(2) the name, route, and dosage of medication;
(3) the frequency and time of medication
administration or assistance;

HB3454 Enrolled - 37 - LRB104 09749 BDA 19815 b
(4) the date of the order;
(5) a diagnosis and any other medical conditions
requiring medications, if not a violation of
confidentiality or if not contrary to the request of the
parent or guardian to keep confidential;
(6) specific recommendations for administration;
(7) any special side effects, contraindications, and
adverse reactions to be observed;
(8) the name of each required medication; and
(9) any severe adverse reactions that may occur to
another child, for whom the epinephrine delivery system
epinephrine auto-injector or inhaler is not prescribed,
should the other child receive a dose of the medication.
(c) If the conditions of this Act are satisfied, the child
may possess, self-administer, and use an epinephrine delivery
system epinephrine auto-injector or inhaler at the camp or
after-school care program or at any camp-sponsored or
program-sponsored activity, event, or program.
(d) The recreational camp or after-school care program
must inform the parents or guardians of the child, in writing,
that the recreational camp or after-school care program and
its employees and agents are to incur no liability, as
applicable, except for willful and wanton conduct, as a result
of any injury arising from the self-administration of
medication to the child. The parents or guardians of the child
must sign a statement acknowledging that the recreational camp

HB3454 Enrolled - 38 - LRB104 09749 BDA 19815 b
or after-school care program is to incur no liability, except
for willful and wanton conduct, as a result of any injury
arising from the self-administration of medication by the
child and that the parents or guardians must indemnify and
hold harmless the recreational camp or after-school care
program and its employees and agents, as applicable, against
any claims, except a claim based on willful and wanton
conduct, arising out of the self-administration of medication
by the child.
(e) After-school care program personnel who have completed
an anaphylaxis training program as identified under the
Epinephrine Delivery System Epinephrine Injector Act may
administer an undesignated epinephrine injection to any child
if the after-school care program personnel believe in good
faith that the child is having an anaphylactic reaction while
in the after-school care program. After-school care program
personnel may carry undesignated epinephrine delivery systems
epinephrine injectors on their person while in the
after-school care program.
(f) After-school care program personnel may administer
undesignated asthma medication to any child if the
after-school care program personnel believe in good faith that
the child is experiencing respiratory distress while in the
after-school care program. After-school care program personnel
may carry undesignated asthma medication on their person while
in the after-school care program.

HB3454 Enrolled - 39 - LRB104 09749 BDA 19815 b
(g) If after-school care program personnel are to
administer an undesignated epinephrine injection or an
undesignated asthma medication to a child, the after-school
care program personnel must inform the parents or guardians of
the child, in writing, that the after-school care program and
its employees and agents, acting in accordance with standard
protocols and the prescription for the injection or
medication, shall incur no liability, except for willful and
wanton conduct, as a result of any injury arising from the
administration of the injection or medication, notwithstanding
whether authorization was given by the child's parents or
guardians or by the child's physician, physician assistant, or
advanced practice registered nurse. A parent or guardian of
the child must sign a statement acknowledging that the
after-school care program and its employees and agents are to
incur no liability, except for willful and wanton conduct, as
a result of any injury arising from the administration of the
medication or injection, regardless of whether authorization
was given by a parent or guardian of the child or by the
child's physician, physician assistant, or advanced practice
registered nurse, and that the parent or guardian must also
indemnify and hold harmless the after-school care program and
its employees and agents against any claims, except a claim
based on willful and wanton conduct, arising out of the
administration of the medication or injection, regardless of
whether authorization was given by the child's parent or

HB3454 Enrolled - 40 - LRB104 09749 BDA 19815 b
guardian or by the child's physician, physician assistant, or
advanced practice registered nurse.
(h) If after-school care program personnel administer an
undesignated epinephrine injection to a person and the
after-school care program personnel believe in good faith the
person is having an anaphylactic reaction or administer
undesignated asthma medication to a person and believe in good
faith the person is experiencing respiratory distress, then
the after-school care program and its employees and agents,
acting in accordance with standard protocols and the
prescription for the injection or medication, shall not incur
any liability or be subject to professional discipline, except
for willful and wanton conduct, as a result of any injury
arising from the use of the injection or medication,
notwithstanding whether notice was given to or authorization
was given by the child's parent or guardian or by the child's
physician, physician assistant, or advanced practice
registered nurse and notwithstanding the absence of the
parent's or guardian's signed statement acknowledging release
from liability.
(i) The changes made to this Section by this amendatory
Act of the 103rd General Assembly apply to actions filed on or
after the effective date of this amendatory Act of the 103rd
General Assembly.
(Source: P.A. 103-438, eff. 8-4-23.)

HB3454 Enrolled - 41 - LRB104 09749 BDA 19815 b
Section 40. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.21 as follows:
(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
Sec. 3.21. Except as authorized by this Act, the Illinois
Controlled Substances Act, the Pharmacy Practice Act, the
Dental Practice Act, the Medical Practice Act of 1987, the
Veterinary Medicine and Surgery Practice Act of 2004, the
Podiatric Medical Practice Act of 1987, Section 22-30 of the
School Code, Section 40 of the Illinois State Police Act,
Section 10.19 of the Illinois Police Training Act, or the
Epinephrine Delivery System Epinephrine Injector Act, to sell
or dispense a prescription drug without a prescription.
(Source: P.A. 102-538, eff. 8-20-21.)