SB0062 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0062

 

Introduced 1/15/2015, by Sen. Chris Nybo

 

SYNOPSIS AS INTRODUCED:
 
New Act
745 ILCS 49/13 new

    Creates the Epinephrine Auto-Injector Act. Provides that a health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity where allergens capable of causing anaphylaxis may be present. Requires each employee, agent, or other individual of the authorized entity to complete a training program before using an epinephrine auto-injector. Provides that a trained employee, agent, or other individual of the authorized entity may either provide or administer an epinephrine auto-injector to a person who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis. Allows an entity or organization to keep on its premises an Emergency Public Access Station containing epinephrine auto-injectors under the general oversight of a health care practitioner that is capable of communicating with a health care practitioner in real time before it may be unlocked to dispense epinephrine auto-injectors. Defines required terms. Amends the Good Samaritan Act. Exempts from civil liability any person authorized under the Epinephrine Auto-Injector Act who administers an epinephrine auto-injector to a person he or she believes in good faith to be experiencing anaphylaxis.


LRB099 03547 JLK 23555 b

 

 

A BILL FOR

 

SB0062LRB099 03547 JLK 23555 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Epinephrine Auto-Injector Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Administer" means to directly apply an epinephrine
8auto-injector to the body of an individual.
9    "Authorized entity" means any entity or organization,
10other than a school covered under Section 22-30 of the School
11Code, in connection with or at which allergens capable of
12causing anaphylaxis may be present, including, but not limited
13to, recreation camps, colleges and universities, day care
14facilities, youth sports leagues, amusement parks,
15restaurants, sports arenas, and places of employment.
16    "Department" means the Department of Public Health.
17    "Emergency Public Access Station" or "EPAS" means a locked,
18secure container for the storage of epinephrine auto-injectors
19under the general oversight of a health care practitioner that
20allows a lay rescuer to consult with a health care practitioner
21in real time by audio, video, or other similar means of
22electronic communication and, upon authorization of the
23consulting health care practitioner, may be unlocked to make

 

 

SB0062- 2 -LRB099 03547 JLK 23555 b

1available the epinephrine auto-injectors.
2    "Epinephrine auto-injector" means a single-use device used
3for the automatic injection of a pre-measured dose of
4epinephrine into the human body.
5    "Health care practitioner" means a physician licensed to
6practice medicine in all its branches under the Medical
7Practice Act of 1987, a physician assistant under the Physician
8Assistant Practice Act of 1987, or an advanced practice nurse
9with prescribing authority under Article 65 of the Nurse
10Practice Act.
11    "Pharmacist" has the meaning given to that term under
12subsection (k-5) of Section 3 of the Pharmacy Practice Act.
13    "Undesignated epinephrine auto-injector" means an
14epinephrine auto-injector prescribed in the name of an
15authorized entity.
 
16    Section 10. Prescription to authorized entity; use;
17training; reporting.
18    (a) A health care practitioner may prescribe epinephrine
19auto-injectors in the name of an authorized entity for use in
20accordance with this Act, and pharmacists and health care
21practitioners may dispense epinephrine auto-injectors pursuant
22to a prescription issued in the name of an authorized entity.
23Such prescriptions shall be valid for a period of 2 years.
24    (b) An authorized entity may acquire and stock a supply of
25undesignated epinephrine auto-injectors pursuant to a

 

 

SB0062- 3 -LRB099 03547 JLK 23555 b

1prescription issued under subsection (a) of this Section. Such
2undesignated epinephrine auto-injectors shall be stored in a
3location readily accessible in an emergency and in accordance
4with the instructions for use of the epinephrine
5auto-injectors. The Department may establish any additional
6requirements an authorized entity must follow under this Act.
7    (c) An employee or agent of an authorized entity or other
8individual who has completed training under subsection (d) of
9this Section may:
10        (1) provide an epinephrine auto-injector to any
11    individual on the premises of the authorized entity who the
12    employee, agent, or other individual believes in good faith
13    is experiencing anaphylaxis, or to the parent, guardian, or
14    caregiver of such individual, for immediate
15    administration, regardless of whether the individual has a
16    prescription for an epinephrine auto-injector or has
17    previously been diagnosed with an allergy; or
18        (2) administer an epinephrine auto-injector to any
19    individual on the premises of the authorized entity who the
20    employee, agent, or other individual believes in good faith
21    is experiencing anaphylaxis, regardless of whether the
22    individual has a prescription for an epinephrine
23    auto-injector or has previously been diagnosed with an
24    allergy.
25    (d) An employee, agent, or other individual authorized must
26complete an anaphylaxis training program before he or she is

 

 

SB0062- 4 -LRB099 03547 JLK 23555 b

1able to provide or administer an epinephrine auto-injector
2under this Section. Such training shall be valid for a period
3of 2 years and shall be conducted by a nationally recognized
4organization experienced in training laypersons in emergency
5health treatment or an entity or individual approved by the
6Department. The Department may approve specific entities or
7individuals or may approve classes of entities or individuals
8to conduct training. Training may be conducted online or in
9person and, at a minimum, include:
10        (1) how to recognize signs and symptoms of an allergic
11    reaction, including anaphylaxis;
12        (2) a review of high-risk areas on the authorized
13    entity's premises and its related facilities;
14        (3) steps to take to prevent exposure to allergens;
15        (4) how to respond to an emergency involving an
16    allergic reaction;
17        (5) how to administer an epinephrine auto-injector
18        (6) a test demonstrating competency of the knowledge
19    required to recognize anaphylaxis and administer an
20    epinephrine auto-injector;
21        (7) standards and procedures for the storage of an
22    epinephrine auto-injector;
23        (8) emergency follow-up procedures; and
24        (9) other criteria as determined in rules adopted under
25    this Act.
26    (e) Within 5 days of administering or providing an

 

 

SB0062- 5 -LRB099 03547 JLK 23555 b

1undesignated epinephrine auto-injector to an individual on the
2authorized entity's premises under subsection (c) of this
3Section, the authorized entity shall submit to the Department a
4report on a form developed by the Department. The Department
5shall annually publish a report that summarizes and analyzes
6all reports it receives under this subsection (e).
 
7    Section 15. Emergency public access stations.
8    (a) A health care practitioner may prescribe a stock supply
9of epinephrine auto-injectors to any entity or organization for
10storage in an Emergency Public Access Station or may place a
11stock supply of epinephrine auto-injectors at any entity or
12organization in an EPAS in accordance with protocols
13established by the health care practitioner and approved by the
14Department.
15    (b) A health care practitioner may provide consultation to
16the user of an EPAS and may make the epinephrine auto-injectors
17stored in the EPAS available to the user in accordance with
18protocols established by the health care practitioner and
19approved by the Department.
20    (c) Any person may use an EPAS and may administer or
21provide epinephrine auto-injectors made available through the
22EPAS to an individual believed in good faith to be experiencing
23anaphylaxis or the parent, guardian, or caregiver of such
24individual.
 

 

 

SB0062- 6 -LRB099 03547 JLK 23555 b

1    Section 20. Limitations. The use of an undesignated
2epinephrine auto-injector in accordance with the requirements
3of this Act does not constitute the practice of medicine or any
4other profession that requires medical licensure.
 
5    Section 25. The Good Samaritan Act is amended by adding
6Section 13 as follows:
 
7    (745 ILCS 49/13 new)
8    Sec. 13. Use of an undesignated epinephrine auto-injector;
9exemption from liability for emergency care. Any employee,
10agent, or other individual of an authorized entity, or any user
11of an Emergency Public Access Station, including any entity or
12organization in which an Emergency Public Access Station is
13located and the medical professional providing assistance,
14under the Epinephrine Auto-Injector Act who in good faith and
15without fee or compensation renders emergency medical care
16involving the use of an undesignated epinephrine auto-injector
17in accordance with his or her training is not liable for any
18civil damages as a result of any act or omission, except for
19willful and wanton misconduct, by that person in rendering that
20care.