SB0062 99TH GENERAL ASSEMBLY

LRB099 03547 JLK 23555 b

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.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Epinephrine Auto-Injector Act.

Section 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, recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, restaurants, sports arenas, and places of employment.

"Department" means the Department of Public Health.

"Emergency Public Access Station" or "EPAS" means a locked, secure container for the storage of epinephrine auto-injectors under the general oversight of a health care practitioner that allows a lay rescuer to consult with a health care practitioner in real time by audio, video, or other similar means of electronic communication and, upon authorization of the consulting health care practitioner, may be unlocked to make available the epinephrine auto-injectors.

"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, 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.

Section 10. Prescription to authorized entity; use; training; reporting.

(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 premises of the authorized entity who 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 premises of the authorized entity who 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 or an entity or individual approved by the Department. The Department may approve specific entities or individuals or may approve classes of entities or individuals to conduct training. Training may be conducted online or in person and, at a minimum, include:

(1) how to recognize signs and symptoms of an allergic reaction, including anaphylaxis;

(2) a review of high-risk areas on the authorized entity's premises and its related facilities;

(3) steps to take to prevent exposure to allergens;

(4) how to respond to an emergency involving an allergic reaction;

(5) how to administer an epinephrine auto-injector

(6) a test demonstrating competency of the knowledge required to recognize anaphylaxis and administer an epinephrine auto-injector;

(7) standards and procedures for the storage of an epinephrine auto-injector;

(8) emergency follow-up procedures; and

(9) other criteria as determined in rules adopted under this Act.

(e) Within 5 days of administering or providing an undesignated epinephrine auto-injector to an individual on the authorized entity's premises under subsection (c) of this Section, the authorized entity shall submit to the Department a report on a form developed by the Department. The Department shall annually publish a report that summarizes and analyzes all reports it receives under this subsection (e).

Section 15. Emergency public access stations.

(a) A health care practitioner may prescribe a stock supply of epinephrine auto-injectors to any entity or organization for storage in an Emergency Public Access Station or may place a stock supply of epinephrine auto-injectors at any entity or organization in an EPAS in accordance with protocols established by the health care practitioner and approved by the Department.

(b) A health care practitioner may provide consultation to the user of an EPAS and may make the epinephrine auto-injectors stored in the EPAS available to the user in accordance with protocols established by the health care practitioner and approved by the Department.

(c) Any person may use an EPAS and may administer or provide epinephrine auto-injectors made available through the EPAS to an individual believed in good faith to be experiencing anaphylaxis or the parent, guardian, or caregiver of such individual.

Section 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.

Section 25. The Good Samaritan Act is amended by adding Section 13 as follows:

(745 ILCS 49/13 new)

Sec. 13. Use of an undesignated epinephrine auto-injector; exemption from liability for emergency care. Any employee, agent, or other individual of an authorized entity, or any user of an Emergency Public Access Station, including any entity or organization in which an Emergency Public Access Station is located and the medical professional providing assistance, under the Epinephrine Auto-Injector Act who in good faith and without fee or compensation renders emergency medical care involving the use of an undesignated epinephrine auto-injector in accordance with his or her training is not liable for any civil damages as a result of any act or omission, except for willful and wanton misconduct, by that person in rendering that care.