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Full Text of SB2878  99th General Assembly

SB2878 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2878

 

Introduced 2/17/2016, by Sen. Chris Nybo

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2610/40 new
50 ILCS 705/10.19 new
410 ILCS 620/3.21  from Ch. 56 1/2, par. 503.21
30 ILCS 805/8.40 new

    Amends the State Police Act and the Illinois Police Training Act creating the Annie LeGere Law. Provides that the Department of State Police and the Illinois Law Enforcement Training Standards Board may conduct or approve training programs for officers to recognize and respond to anaphylaxis including the administration of an epinephrine auto-injector. Provides that the Department of State Police or a local governmental agency may authorize officers to carry, administer, or assist in the administration of epinephrine auto-injectors if they have completed the requiring training and provide for written policies on the use of epinephrine auto-injectors. Limits liability for use of epinephrine auto-injectors by police officers. Amends the State Mandates Act to require implementation without reimbursement.


LRB099 20707 AWJ 45335 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2878LRB099 20707 AWJ 45335 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Police Act is amended by adding
5Section 40 as follows:
 
6    (20 ILCS 2610/40 new)
7    Sec. 40. Training; 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
12auto-injector" means a single-use device used for the automatic
13injection of a pre-measured dose of epinephrine into the human
14body prescribed in the name of the Department.
15    (c) The Department may conduct or approve a training
16program for State Police officers to recognize and respond to
17anaphylaxis including, but not limited to:
18        (1) how to recognize symptoms of an allergic reaction;
19        (2) how to respond to an emergency involving an
20    allergic reaction;
21        (3) how to administer an epinephrine auto-injector;
22        (4) how to respond to an individual with a known
23    allergy as well as an individual with a previously unknown

 

 

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1    allergy;
2        (5) a test demonstrating competency of the knowledge
3    required to recognize anaphylaxis and administer an
4    epinephrine auto-injector; and
5        (6) other criteria as determined in rules adopted by
6    the Department.
7    (d) The Department may authorize a State Police officer who
8has completed the training program under subsection (c) to
9carry, administer, or assist with the administration of
10epinephrine auto-injectors whenever he or she is performing
11official duties.
12    (e) The Department must establish a written policy to
13control the acquisition, storage, transportation,
14administration, and disposal of epinephrine auto-injectors
15before it allows any State Police officer to carry and
16administer epinephrine auto-injectors.
17    (f) A physician, physician's assistant, or advanced
18practice registered nurse may provide a standing protocol or
19prescription for epinephrine auto-injectors in the name of the
20Department to be maintained for use when necessary.
21    (g) When a State Police officer administers epinephrine
22auto-injector in good faith, the officer and the Department,
23and its employees and agents, incur no liability, except for
24willful and wanton conduct, as a result of any injury or death
25arising from the use of an epinephrine auto-injector.
 

 

 

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1    Section 10. The Illinois Police Training Act is amended by
2adding Section 10.19 as follows:
 
3    (50 ILCS 705/10.19 new)
4    Sec. 10.19. Training; administration of epinephrine.
5    (a) This Section, along with Section 40 of the State Police
6Act, may be referred to as the Annie LeGere Law.
7    (b) For purposes of this Section, "epinephrine
8auto-injector" means a single-use device used for the automatic
9injection of a pre-measured dose of epinephrine into the human
10body prescribed in the name of a local governmental agency.
11    (c) The Board shall conduct or approve an optional advanced
12training program for police officers to recognize and respond
13to anaphylaxis including the administration of an epinephrine
14auto-injector. The training must include, but is not limited
15to:
16        (1) how to recognize symptoms of an allergic reaction;
17        (2) how to respond to an emergency involving an
18    allergic reaction;
19        (3) how to administer an epinephrine auto-injector;
20        (4) how to respond to an individual with a known
21    allergy as well as an individual with a previously unknown
22    allergy;
23        (5) a test demonstrating competency of the knowledge
24    required to recognize anaphylaxis and administer an
25    epinephrine auto-injector; and

 

 

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1        (6) other criteria as determined in rules adopted by
2    the Board.
3    (d) A local governmental agency may authorize a police
4officer who has completed an optional advanced training program
5under subsection (c) to carry, administer, or assist with the
6administration of epinephrine auto-injectors provided by the
7local governmental agency whenever he or she is performing
8official duties.
9    (e) A local governmental agency that authorizes its
10officers to carry and administer epinephrine auto-injectors
11under subsection (d) must establish a policy to control the
12acquisition, storage, transportation, administration, and
13disposal of epinephrine auto-injectors and to provide
14continued training in the administration of epinephrine
15auto-injectors.
16    (f) A physician, physician's assistant, or advanced
17practice registered nurse may provide a standing protocol or
18prescription for epinephrine auto-injectors in the name of a
19local governmental agency to be maintained for use when
20necessary.
21    (g) When a police officer administers an epinephrine
22auto-injector in good faith, the police officer and local
23governmental agency, and its employees and agents, incur no
24liability, except for willful and wanton conduct, as a result
25of any injury or death arising from the use of an epinephrine
26auto-injector.
 

 

 

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1    Section 15. The Illinois Food, Drug and Cosmetic Act is
2amended by changing Section 3.21 as follows:
 
3    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
4    Sec. 3.21. Except as authorized by this Act, the Illinois
5Controlled Substances Act, the Pharmacy Practice Act, the
6Dental Practice Act, the Medical Practice Act of 1987, the
7Veterinary Medicine and Surgery Practice Act of 2004, the
8Podiatric Medical Practice Act of 1987, or Section 22-30 of the
9School Code, Section 40 of the State Police Act, or Section
1010.19 of the Illinois Police Training Act to sell or dispense a
11prescription drug without a prescription.
12(Source: P.A. 99-78, eff. 7-20-15.)
 
13    Section 90. The State Mandates Act is amended by adding
14Section 8.40 as follows:
 
15    (30 ILCS 805/8.40 new)
16    Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8
17of this Act, no reimbursement by the State is required for the
18implementation of any mandate created by this amendatory Act of
19the 99th General Assembly.