Public Act 104-0229
 
HB2462 EnrolledLRB104 08649 BDA 18702 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Epinephrine Injector Act is amended by 
changing Sections 5, 10, 15, and 20 and by adding Section 25 as 
follows:
 
    (410 ILCS 27/5)
    Sec. 5. Definitions. As used in this Act:
    "Administer" means to directly apply an epinephrine 
delivery system 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.
    "Authorized individual" means an individual who has 
successfully completed the training program under Section 10 
of this Act. 
    "Department" means the Department of Public Health.
    "Epinephrine delivery system" means any form of 
epinephrine that is approved by the United States Food and 
Drug Administration, including any device that contains a dose 
of epinephrine, and that is used to administer epinephrine 
into the human body to prevent or treat a life-threatening 
allergic reaction. 
    "Epinephrine injector" includes an auto-injector approved 
by the United States Food and Drug Administration for the 
administration of epinephrine and a pre-filled syringe 
approved by the United States Food and Drug Administration and 
used for the administration of epinephrine that contains a 
pre-measured dose of epinephrine that is equivalent to the 
dosages used in an auto-injector. 
    "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 injector" means an epinephrine 
injector prescribed in the name of an authorized entity.
(Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18; 
100-799, eff. 1-1-19.)
 
    (410 ILCS 27/10)
    Sec. 10. Prescription to authorized entity; use; training.
    (a) A health care practitioner may prescribe epinephrine 
injectors in the name of an authorized entity or authorized 
individual for use in accordance with this Act, and 
pharmacists and health care practitioners may dispense 
epinephrine delivery systems injectors pursuant to a 
prescription issued in the name of an authorized entity or 
authorized individual. Such prescriptions shall be valid for a 
period of 2 years.
    (a-1) A health care provider with prescribing authority 
who is employed by or under contract with the Department may 
issue a statewide standing order for the dispensing of 
epinephrine delivery systems for use under subsection (c) by 
authorized individuals or by employees or agents of authorized 
entities who have completed the training required by 
subsection (d). 
    (b) An authorized entity or authorized individual may 
acquire and stock a supply of undesignated epinephrine 
delivery systems injectors pursuant to a prescription issued 
under subsection (a) of this Section. Such undesignated 
epinephrine delivery systems injectors shall be stored in a 
location readily accessible in an emergency and in accordance 
with the instructions for use of the epinephrine delivery 
systems injectors. The Department may establish any additional 
requirements an authorized entity or authorized individual 
must follow under this Act.
    (c) An employee or agent of an authorized entity who is an 
authorized individual or any other individual who is an 
authorized individual has completed training under subsection 
(d) of this Section may:
        (1) anywhere allergens capable of causing anaphylaxis 
    may be present provide an epinephrine delivery system 
    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 delivery system injector or has previously 
    been diagnosed with an allergy; or
        (2) anywhere allergens capable of causing anaphylaxis 
    may be present administer an epinephrine delivery system 
    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 delivery system 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 delivery 
system 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 delivery system 
    injector; and
        (3) a test demonstrating competency of the knowledge 
    required to recognize anaphylaxis and administer an 
    epinephrine delivery system 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 
entity or individual conducting the training shall issue a 
certificate to each person who successfully completes the 
anaphylaxis training program. 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; 100-799, eff. 1-1-19.)
 
    (410 ILCS 27/15)
    Sec. 15. Costs. Whichever entity initiates the process of 
obtaining undesignated epinephrine delivery systems injectors 
and providing training to personnel for carrying and 
administering undesignated epinephrine delivery systems 
injectors shall pay for the costs of the undesignated 
epinephrine delivery systems injectors.
(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.)
 
    (410 ILCS 27/20)
    Sec. 20. Limitations. The use of an undesignated 
epinephrine delivery system 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 
delivery systems injectors that an authorized entity or 
individual may carry or maintain a supply of.
(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.)
 
    (410 ILCS 27/25 new)
    Sec. 25. Liability limitation. An authorized individual 
who acts in good faith to provide or administer an epinephrine 
delivery system in an emergency situation pursuant to this 
Act, shall not, as a result of the authorized individual's 
acts, except for willful and wanton misconduct on the part of 
that individual, be liable for civil damages to a person to 
whom such epinephrine delivery system was given to or 
administered. This limitation of liability applies only to the 
act of providing or administering the epinephrine delivery 
system and shall not extend to any other care or treatment 
provided at or around the time of the epinephrine delivery 
system administration.