Bill Text: IL SB2226 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the State Police Act. Provides that a physician, physician's assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority who provides a standing order or prescription for epinephrine auto-injectors in the name of the Department of State Police shall 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 auto-injector. Amends the Illinois Police Training Act. Provides that a physician, physician's assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority who provides a standing order or prescription for epinephrine auto-injectors in the name of a local governmental agency shall 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 auto-injector. Makes conforming changes to the Medical Practice Act of 1987 and the Public Health Standing Orders Act. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2018-07-31 - Public Act . . . . . . . . . 100-0648 [SB2226 Detail]

Download: Illinois-2017-SB2226-Chaptered.html



Public Act 100-0648
SB2226 EnrolledLRB100 13523 SLF 28138 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Police Act is amended by changing
Section 40 as follows:
(20 ILCS 2610/40)
Sec. 40. Training; 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
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 Department.
(c) The Department 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 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 auto-injector; and
(6) other criteria as determined in rules adopted by
the Department.
(d) The Department 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 auto-injectors whenever he or she is performing
official duties.
(e) The Department must establish a written policy to
control the acquisition, storage, transportation,
administration, and disposal of epinephrine auto-injectors
before it allows any State Police officer to carry and
administer epinephrine auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of the
Department to be maintained for use when necessary.
(g) When a State Police officer administers an epinephrine
auto-injector in good faith, the officer and the Department,
and its employees and agents, including a physician,
physician's assistant with prescriptive authority, or advanced
practice registered nurse with prescriptive authority who
provides a standing order or prescription for an 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
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17.)
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 State Police
Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "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 governmental agency.
(c) The Board shall conduct or approve an optional advanced
training program for police officers to recognize and respond
to anaphylaxis, including the administration of an 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 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 auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local governmental agency may authorize a police
officer who has completed an optional advanced training program
under subsection (c) to carry, administer, or assist with the
administration of epinephrine auto-injectors provided by the
local governmental agency whenever he or she is performing
official duties.
(e) A local governmental agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local governmental agency to be maintained for use when
necessary.
(g) When a police officer administers an epinephrine
auto-injector in good faith, the police officer and local
governmental agency, and its employees and agents, including a
physician, physician's assistant with prescriptive authority,
or advanced practice registered nurse with prescriptive
authority who provides a standing order or prescription for an
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
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17.)
Section 15. The Medical Practice Act of 1987 is amended by
adding Section 65 as follows:
(225 ILCS 60/65 new)
Sec. 65. Annie LeGere Law; epinephrine auto-injector. A
licensee under this Act may not be subject to discipline for
providing a standing order or prescription for an epinephrine
auto-injector in accordance with Section 40 of the State Police
Act or Section 10.19 of the Illinois Police Training Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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