Rep. Natalie A. Manley

Filed: 2/23/2016

 

 


 

 


 
09900HB5200ham001LRB099 17312 AWJ 45236 a

1
AMENDMENT TO HOUSE BILL 5200

2    AMENDMENT NO. ______. Amend House Bill 5200 by replacing
3everything after the enacting clause with the following:
 
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) For the purposes of this Section:
9    "Epinephrine auto-injector" means a single-use device used
10for the automatic injection of a pre-measured dose of
11epinephrine into the human body.
12    "Undesignated epinephrine auto-injector" means an
13epinephrine auto-injector prescribed in the name of the
14Department.
15    (b) The Department shall conduct or approve a training
16program for State Police officers to recognize and respond to

 

 

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1anaphylaxis including, but is not limited to:
2        (1) how to recognize symptoms of an allergic reaction;
3        (2) how to respond to an emergency involving an
4    allergic reaction;
5        (3) how to administer an epinephrine auto-injector;
6        (4) how to respond to an individual with a known
7    allergy as well as an individual with a previously unknown
8    allergy;
9        (5) a test demonstrating competency of the knowledge
10    required to recognize anaphylaxis and administer an
11    epinephrine auto-injector; and
12        (6) other criteria as determined in rules adopted by
13    the Department.
14    In consultation with statewide professional organizations
15representing physicians licensed to practice medicine in all of
16its branches and registered nurses, the Department shall make
17available resource materials consistent with criteria in this
18subsection (b) for educating trained personnel to recognize and
19respond to anaphylaxis. The Department may take into
20consideration the curriculum on this subject developed by other
21states, as well as any other curricular materials suggested by
22medical experts and other groups that work on life-threatening
23allergy issues. The Department is not required to create new
24resource materials. The Department shall make these resource
25materials available on its Internet website.
26    (c) The Department shall require all State Police officers

 

 

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1to complete the training program under subsection (b) and to
2carry Department-provided undesignated epinephrine
3auto-injectors whenever he or she is performing official
4duties. A State Police officer may: (i) provide an undesignated
5epinephrine auto-injector to an individual for
6self-administration; and (ii) administer an undesignated
7epinephrine auto-injector to any person that the State Police
8officer in good faith believes is having an anaphylactic
9reaction.
10    (d) Within 24 hours of the administration of an
11undesignated epinephrine auto-injector, the Department must
12notify the physician, physician assistant, or advance practice
13nurse who provided the standing protocol or prescription for
14the undesignated epinephrine auto-injector of its use.
15    (e) A physician, a physician assistant who has been
16delegated prescriptive authority for epinephrine
17auto-injectors in accordance with Section 7.5 of the Physician
18Assistant Practice Act of 1987, or an advanced practice nurse
19who has been delegated prescriptive authority for epinephrine
20auto-injectors in accordance with Section 65-40 of the Nurse
21Practice Act may prescribe or issue standing protocol for
22undesignated epinephrine auto-injectors in the name of the
23Department to be maintained for use when necessary. Any supply
24of undesignated epinephrine auto-injectors shall be maintained
25in accordance with the manufacturer's instructions.
26    (f) When a State Police officer administers or fails to

 

 

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1administer an epinephrine auto-injector in good faith, the
2officer and the Department, its employees and agents, and any
3physician, physician assistant, or advanced practice
4registered nurse providing a standing protocol or a
5prescription for epinephrine auto-injectors, incur no
6liability or professional discipline, except for willful and
7wanton conduct, as a result of any injury arising from the use
8or non-use of an epinephrine auto-injector.
9    (g) By October 1, 2017 and every year thereafter, the
10Department shall submit a report to the General Assembly
11identifying the frequency and circumstances of undesignated
12epinephrine administration during the preceding year. This
13report shall be published on the Department's Internet website
14on the date the report is delivered to the General Assembly.
 
15    Section 10. The Illinois Police Training Act is amended by
16adding Section 10.19 as follows:
 
17    (50 ILCS 705/10.19 new)
18    Sec. 10.19. Training; administration of epinephrine.
19    (a) For the purposes of this Section:
20    "Epinephrine auto-injector" means a single-use device used
21for the automatic injection of a pre-measured dose of
22epinephrine into the human body.
23    "Undesignated epinephrine auto-injector" means an
24epinephrine auto-injector prescribed in the name of a local

 

 

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1governmental agency.
2    (b) The Board shall conduct or approve a training program
3for police officers to recognize and respond to anaphylaxis
4including, but is not limited to:
5        (1) how to recognize symptoms of an allergic reaction;
6        (2) how to respond to an emergency involving an
7    allergic reaction;
8        (3) how to administer an epinephrine auto-injector;
9        (4) how to respond to an individual with a known
10    allergy as well as an individual with a previously unknown
11    allergy;
12        (5) a test demonstrating competency of the knowledge
13    required to recognize anaphylaxis and administer an
14    epinephrine auto-injector; and
15        (6) other criteria as determined in rules adopted by
16    the Board.
17    In consultation with statewide professional organizations
18representing physicians licensed to practice medicine in all of
19its branches and registered nurses, the Board shall make
20available resource materials consistent with criteria in this
21subsection (b) for educating trained personnel to recognize and
22respond to anaphylaxis. The Board may take into consideration
23the curriculum on this subject developed by other states, as
24well as any other curricular materials suggested by medical
25experts and other groups that work on life-threatening allergy
26issues. The Board is not required to create new resource

 

 

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1materials. The Board shall make these resource materials
2available on its Internet website.
3    (c) The Board shall require all police officers to complete
4the training program under subsection (b) and to carry
5undesignated epinephrine auto-injectors provided by a local
6governmental agency whenever he or she is performing official
7duties. A police officer may: (i) provide an undesignated
8epinephrine auto-injector to an individual for
9self-administration; and (ii) administer an undesignated
10epinephrine auto-injector to any person that the police officer
11in good faith believes is having an anaphylactic reaction.
12    (d) Within 24 hours of the administration of an
13undesignated epinephrine auto-injector, a local governmental
14agency must notify the physician, physician assistant, or
15advance practice nurse who provided the standing protocol or
16prescription for the undesignated epinephrine auto-injector of
17its use.
18    Within 3 days after the administration of an undesignated
19epinephrine auto-injector by a police officer, a local
20government agency must report to the Board in a form and manner
21prescribed by the Board the following information:
22        (1) age and type of person receiving epinephrine;
23        (2) any previously known diagnosis of a severe allergy,
24    if known;
25        (3) trigger that precipitated allergic episode, if
26    known;

 

 

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1        (4) location where symptoms developed, if known;
2        (5) number of doses administered; and
3        (6) any other information required by the Board.
4    (e) A physician, a physician assistant who has been
5delegated prescriptive authority for epinephrine
6auto-injectors in accordance with Section 7.5 of the Physician
7Assistant Practice Act of 1987, or an advanced practice nurse
8who has been delegated prescriptive authority for epinephrine
9auto-injectors in accordance with Section 65-40 of the Nurse
10Practice Act may prescribe or issue standing protocol for
11undesignated epinephrine auto-injectors in the name of the
12local governmental agency to be maintained for use when
13necessary. Any supply of undesignated epinephrine
14auto-injectors shall be maintained in accordance with the
15manufacturer's instructions.
16    (f) When a police officer administers or fails to
17administer an epinephrine auto-injector in good faith, the
18officer and the local governmental agency, its employees and
19agents, and any physician, physician assistant, or advanced
20practice registered nurse providing a standing protocol or a
21prescription for epinephrine auto-injectors, incur no
22liability or professional discipline, except for willful and
23wanton conduct, as a result of any injury arising from the use
24or non-use of an epinephrine auto-injector.
25    (g) By October 1, 2017 and every year thereafter, the Board
26shall submit a report to the General Assembly identifying the

 

 

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1frequency and circumstances of undesignated epinephrine
2administration during the preceding year. This report shall be
3published on the Board's Internet website on the date the
4report is delivered to the General Assembly.
 
5    Section 15. The Illinois Food, Drug and Cosmetic Act is
6amended by changing Section 3.21 as follows:
 
7    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
8    Sec. 3.21. Except as authorized by this Act, the Illinois
9Controlled Substances Act, the Pharmacy Practice Act, the
10Dental Practice Act, the Medical Practice Act of 1987, the
11Veterinary Medicine and Surgery Practice Act of 2004, the
12Podiatric Medical Practice Act of 1987, or Section 22-30 of the
13School Code, Section 40 of the State Police Act, or Section
1410.19 of the Illinois Police Training Act to sell or dispense a
15prescription drug without a prescription.
16(Source: P.A. 99-78, eff. 7-20-15.)".