Bill Amendment: IL HB5200 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL GOVERNMENT-TECH

Status: 2016-04-08 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5200 Detail]

Download: Illinois-2015-HB5200-House_Amendment_001.html

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Rep. Natalie A. Manley

Filed: 2/23/2016

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AMENDMENT TO HOUSE BILL 5200
AMENDMENT NO. ______. Amend House Bill 5200 by replacing
everything after the enacting clause with the following:
"Section 5. The State Police Act is amended by adding
Section 40 as follows:
(20 ILCS 2610/40 new)
Sec. 40. Training; administration of epinephrine.
(a) For the purposes of this Section:
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of the
Department.
(b) The Department shall conduct or approve a training
program for State Police officers to recognize and respond to

09900HB5200ham001 - 2 - LRB099 17312 AWJ 45236 a
anaphylaxis including, but is not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Department.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches and registered nurses, the Department shall make
available resource materials consistent with criteria in this
subsection (b) for educating trained personnel to recognize and
respond to anaphylaxis. The Department may take into
consideration the curriculum on this subject developed by other
states, as well as any other curricular materials suggested by
medical experts and other groups that work on life-threatening
allergy issues. The Department is not required to create new
resource materials. The Department shall make these resource
materials available on its Internet website.
(c) The Department shall require all State Police officers

09900HB5200ham001 - 3 - LRB099 17312 AWJ 45236 a
to complete the training program under subsection (b) and to
carry Department-provided undesignated epinephrine
auto-injectors whenever he or she is performing official
duties. A State Police officer may: (i) provide an undesignated
epinephrine auto-injector to an individual for
self-administration; and (ii) administer an undesignated
epinephrine auto-injector to any person that the State Police
officer in good faith believes is having an anaphylactic
reaction.
(d) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, the Department must
notify the physician, physician assistant, or advance practice
nurse who provided the standing protocol or prescription for
the undesignated epinephrine auto-injector of its use.
(e) A physician, a physician assistant who has been
delegated prescriptive authority for epinephrine
auto-injectors in accordance with Section 7.5 of the Physician
Assistant Practice Act of 1987, or an advanced practice nurse
who has been delegated prescriptive authority for epinephrine
auto-injectors in accordance with Section 65-40 of the Nurse
Practice Act may prescribe or issue standing protocol for
undesignated epinephrine auto-injectors in the name of the
Department to be maintained for use when necessary. Any supply
of undesignated epinephrine auto-injectors shall be maintained
in accordance with the manufacturer's instructions.
(f) When a State Police officer administers or fails to

09900HB5200ham001 - 4 - LRB099 17312 AWJ 45236 a
administer an epinephrine auto-injector in good faith, the
officer and the Department, its employees and agents, and any
physician, physician assistant, or advanced practice
registered nurse providing a standing protocol or a
prescription for epinephrine auto-injectors, incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the use
or non-use of an epinephrine auto-injector.
(g) By October 1, 2017 and every year thereafter, the
Department shall submit a report to the General Assembly
identifying the frequency and circumstances of undesignated
epinephrine administration during the preceding year. This
report shall be published on the Department's Internet website
on the date the report is delivered to the General Assembly.
Section 10. The Illinois Police Training Act is amended by
adding Section 10.19 as follows:
(50 ILCS 705/10.19 new)
Sec. 10.19. Training; administration of epinephrine.
(a) For the purposes of this Section:
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a local

09900HB5200ham001 - 5 - LRB099 17312 AWJ 45236 a
governmental agency.
(b) The Board shall conduct or approve a training program
for police officers to recognize and respond to anaphylaxis
including, but is not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches and registered nurses, the Board shall make
available resource materials consistent with criteria in this
subsection (b) for educating trained personnel to recognize and
respond to anaphylaxis. The Board may take into consideration
the curriculum on this subject developed by other states, as
well as any other curricular materials suggested by medical
experts and other groups that work on life-threatening allergy
issues. The Board is not required to create new resource

09900HB5200ham001 - 6 - LRB099 17312 AWJ 45236 a
materials. The Board shall make these resource materials
available on its Internet website.
(c) The Board shall require all police officers to complete
the training program under subsection (b) and to carry
undesignated epinephrine auto-injectors provided by a local
governmental agency whenever he or she is performing official
duties. A police officer may: (i) provide an undesignated
epinephrine auto-injector to an individual for
self-administration; and (ii) administer an undesignated
epinephrine auto-injector to any person that the police officer
in good faith believes is having an anaphylactic reaction.
(d) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a local governmental
agency must notify the physician, physician assistant, or
advance practice nurse who provided the standing protocol or
prescription for the undesignated epinephrine auto-injector of
its use.
Within 3 days after the administration of an undesignated
epinephrine auto-injector by a police officer, a local
government agency must report to the Board in a form and manner
prescribed by the Board the following information:
(1) age and type of person receiving epinephrine;
(2) any previously known diagnosis of a severe allergy,
if known;
(3) trigger that precipitated allergic episode, if
known;

09900HB5200ham001 - 7 - LRB099 17312 AWJ 45236 a
(4) location where symptoms developed, if known;
(5) number of doses administered; and
(6) any other information required by the Board.
(e) A physician, a physician assistant who has been
delegated prescriptive authority for epinephrine
auto-injectors in accordance with Section 7.5 of the Physician
Assistant Practice Act of 1987, or an advanced practice nurse
who has been delegated prescriptive authority for epinephrine
auto-injectors in accordance with Section 65-40 of the Nurse
Practice Act may prescribe or issue standing protocol for
undesignated epinephrine auto-injectors in the name of the
local governmental agency to be maintained for use when
necessary. Any supply of undesignated epinephrine
auto-injectors shall be maintained in accordance with the
manufacturer's instructions.
(f) When a police officer administers or fails to
administer an epinephrine auto-injector in good faith, the
officer and the local governmental agency, its employees and
agents, and any physician, physician assistant, or advanced
practice registered nurse providing a standing protocol or a
prescription for epinephrine auto-injectors, incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the use
or non-use of an epinephrine auto-injector.
(g) By October 1, 2017 and every year thereafter, the Board
shall submit a report to the General Assembly identifying the

09900HB5200ham001 - 8 - LRB099 17312 AWJ 45236 a
frequency and circumstances of undesignated epinephrine
administration during the preceding year. This report shall be
published on the Board's Internet website on the date the
report is delivered to the General Assembly.
Section 15. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.21 as follows:
(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
Sec. 3.21. Except as authorized by this Act, the Illinois
Controlled Substances Act, the Pharmacy Practice Act, the
Dental Practice Act, the Medical Practice Act of 1987, the
Veterinary Medicine and Surgery Practice Act of 2004, the
Podiatric Medical Practice Act of 1987, or Section 22-30 of the
School Code, Section 40 of the State Police Act, or Section
10.19 of the Illinois Police Training Act to sell or dispense a
prescription drug without a prescription.
(Source: P.A. 99-78, eff. 7-20-15.)".