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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PUBLIC HEALTH
(410 ILCS 27/) Epinephrine Auto-Injector Act.

410 ILCS 27/1

    (410 ILCS 27/1)
    Sec. 1. Short title. This Act may be cited as the Epinephrine Auto-Injector Act.
(Source: P.A. 99-711, eff. 1-1-17.)

410 ILCS 27/5

    (410 ILCS 27/5)
    (Text of Section before amendment by P.A. 100-513)
    Sec. 5. Definitions. As used in this Act:
    "Administer" means to directly apply an epinephrine auto-injector 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 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.
    "Department" means the Department of Public Health.
    "Epinephrine auto-injector" means a single-use device used for the automatic injection of a pre-measured dose of epinephrine into the human body.
    "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 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 auto-injector" means an epinephrine auto-injector prescribed in the name of an authorized entity.
(Source: P.A. 99-711, eff. 1-1-17.)
 
    (Text of Section after amendment by P.A. 100-513)
    Sec. 5. Definitions. As used in this Act:
    "Administer" means to directly apply an epinephrine auto-injector 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 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.
    "Department" means the Department of Public Health.
    "Epinephrine auto-injector" means a single-use device used for the automatic injection of a pre-measured dose of epinephrine into the human body.
    "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 auto-injector" means an epinephrine auto-injector prescribed in the name of an authorized entity.
(Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18.)

410 ILCS 27/10

    (410 ILCS 27/10)
    Sec. 10. Prescription to authorized entity; use; training.
    (a) A health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this Act, and pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity. Such prescriptions shall be valid for a period of 2 years.
    (b) An authorized entity may acquire and stock a supply of undesignated epinephrine auto-injectors pursuant to a prescription issued under subsection (a) of this Section. Such undesignated epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the instructions for use of the epinephrine auto-injectors. The Department may establish any additional requirements an authorized entity must follow under this Act.
    (c) An employee or agent of an authorized entity or other individual who has completed training under subsection (d) of this Section may:
        (1) provide an epinephrine auto-injector to any
    
individual on the property of the authorized entity 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 auto-injector or has previously been diagnosed with an allergy; or
        (2) administer an epinephrine auto-injector to any
    
individual on the property of the authorized entity 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 auto-injector 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 auto-injector under this Section. Such training shall be valid for a 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 auto-injector;
    
and
        (3) a test demonstrating competency of the knowledge
    
required to recognize anaphylaxis and administer an epinephrine auto-injector.
    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 Department shall approve training programs and list permitted training programs on the Department's Internet website.
(Source: P.A. 99-711, eff. 1-1-17.)

410 ILCS 27/15

    (410 ILCS 27/15)
    Sec. 15. Costs. Whichever entity initiates the process of obtaining undesignated epinephrine auto-injectors and providing training to personnel for carrying and administering undesignated epinephrine auto-injectors shall pay for the costs of the undesignated epinephrine auto-injectors.
(Source: P.A. 99-711, eff. 1-1-17.)

410 ILCS 27/20

    (410 ILCS 27/20)
    Sec. 20. Limitations. The use of an undesignated epinephrine auto-injector 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 auto-injectors that an authorized entity or individual may carry or maintain a supply of.
(Source: P.A. 99-711, eff. 1-1-17.)

410 ILCS 27/85

    (410 ILCS 27/85)
    Sec. 85. Rulemaking. The Department shall adopt any rules necessary to implement and administer this Act.
(Source: P.A. 99-711, eff. 1-1-17.)

410 ILCS 27/87

    (410 ILCS 27/87)
    Sec. 87. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.)

410 ILCS 27/88

    (410 ILCS 27/88)
    Sec. 88. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.)

410 ILCS 27/90

    (410 ILCS 27/90)
    Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.)

410 ILCS 27/95

    (410 ILCS 27/95)
    Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.)

410 ILCS 27/100

    (410 ILCS 27/100)
    Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.)