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Illinois General Assembly· HB 3454Governor Approved

EPINEPHRINE DELIVERY DEVICE, the official text

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HB3454 Enrolled                     LRB104 09749 BDA 19815 b

1   AN ACT concerning health.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois State Police Act is amended by

5 changing Section 40 as follows:

6   (20 ILCS 2610/40)

7   Sec. 40. Administration of epinephrine.

8   (a) This Section, along with Section 10.19 of the Illinois

9 Police Training Act, may be referred to as the Annie LeGere

10 Law.

11  (b) For the purposes of this Section, "epinephrine

12 delivery system" "epinephrine auto-injector" means a

13 single-use device used for the automatic injection of a

14 pre-measured dose of epinephrine into the human body

15 prescribed in the name of the Illinois State Police.

16  (c) The Illinois State Police may conduct or approve a

17 training program for State Police officers to recognize and

18 respond to anaphylaxis, including, but not limited to:

19       (1) how to recognize symptoms of an allergic reaction;

20       (2) how to respond to an emergency involving an

21  allergic reaction;

22       (3) how to administer an epinephrine delivery system

23  epinephrine auto-injector;
    HB3454 Enrolled             -2-    LRB104 09749 BDA 19815 b

1           (4) how to respond to an individual with a known

2   allergy as well as an individual with a previously unknown

3   allergy;

4           (5) a test demonstrating competency of the knowledge

5   required to recognize anaphylaxis and administer an

6   epinephrine delivery system epinephrine auto-injector; and

7           (6) other criteria as determined in rules adopted by

8   the Illinois State Police.

9   (d) The Illinois State Police may authorize a State Police

10 officer who has completed the training program under

11 subsection (c) to carry, administer, or assist with the

12 administration of epinephrine delivery systems epinephrine

13 auto-injectors whenever he or she is performing official

14 duties.

15  (e) The Illinois State Police must establish a written

16 policy to control the acquisition, storage, transportation,

17 administration, and disposal of epinephrine delivery systems

18 epinephrine auto-injectors before it allows any State Police

19 officer to carry and administer epinephrine delivery systems

20 epinephrine auto-injectors.

21  (f) A physician, physician assistant with prescriptive

22 authority, or advanced practice registered nurse with

23 prescriptive authority may provide a standing protocol or

24 prescription for epinephrine delivery systems epinephrine

25 auto-injectors in the name of the Illinois State Police to be

26 maintained for use when necessary.
    HB3454 Enrolled      -3-            LRB104 09749 BDA 19815 b

1   (g) When a State Police officer administers an epinephrine

2 delivery system epinephrine auto-injector in good faith, the

3 officer and the Illinois State Police, and its employees and

4 agents, including a physician, physician assistant with

5 prescriptive authority, or advanced practice registered nurse

6 with prescriptive authority who provides a standing order or

7 prescription for an epinephrine delivery system epinephrine

8 auto-injector, incur no civil or professional liability,

9 except for willful and wanton conduct, as a result of any

10 injury or death arising from the use of an epinephrine

11 delivery system epinephrine auto-injector.

12 (Source: P.A. 104-24, eff. 1-1-26.)

13  Section 10. The Illinois Police Training Act is amended by

14 changing Section 10.19 as follows:

15  (50 ILCS 705/10.19)

16  Sec. 10.19. Training; administration of epinephrine.

17  (a) This Section, along with Section 40 of the Illinois

18 State Police Act, may be referred to as the Annie LeGere Law.

19  (b) For purposes of this Section, "epinephrine delivery

20 system" "epinephrine auto-injector" means a single-use device

21 used for the automatic injection of a pre-measured dose of

22 epinephrine into the human body prescribed in the name of a

23 local law enforcement agency.

24  (c) The Board shall conduct or approve an optional
    HB3454 Enrolled        -4-     LRB104 09749 BDA 19815 b

1 advanced training program for law enforcement officers to

2 recognize and respond to anaphylaxis, including the

3 administration of an epinephrine delivery system epinephrine

4 auto-injector. The training must include, but is not limited

5 to:

6           (1) how to recognize symptoms of an allergic reaction;

7           (2) how to respond to an emergency involving an

8      allergic reaction;

9           (3) how to administer an epinephrine delivery system

10     epinephrine auto-injector;

11          (4) how to respond to an individual with a known

12     allergy as well as an individual with a previously unknown

13     allergy;

14          (5) a test demonstrating competency of the knowledge

15     required to recognize anaphylaxis and administer an

16     epinephrine delivery system epinephrine auto-injector; and

17          (6) other criteria as determined in rules adopted by

18     the Board.

19     (d) A local law enforcement agency may authorize a law

20 enforcement officer who has completed an optional advanced

21 training program under subsection (c) to carry, administer, or

22 assist with the administration of epinephrine delivery systems

23 epinephrine auto-injectors provided by the local law

24 enforcement agency whenever the officer is performing official

25 duties.

26     (e) A local law enforcement agency that authorizes its
    HB3454 Enrolled            -5-  LRB104 09749 BDA 19815 b

1 officers to carry and administer epinephrine delivery systems

2 epinephrine auto-injectors under subsection (d) must establish

3 a policy to control the acquisition, storage, transportation,

4 administration, and disposal of epinephrine delivery systems

5 epinephrine auto-injectors and to provide continued training

6 in the administration of epinephrine delivery systems

7 epinephrine auto-injectors.

8   (f) A physician, physician assistant with prescriptive

9 authority, or advanced practice registered nurse with

10 prescriptive authority may provide a standing protocol or

11 prescription for epinephrine delivery systems epinephrine

12 auto-injectors in the name of a local law enforcement agency

13 to be maintained for use when necessary.

14  (g) When a law enforcement officer administers an

15 epinephrine delivery system epinephrine auto-injector in good

16 faith, the law enforcement officer and local law enforcement

17 agency, and its employees and agents, including a physician,

18 physician assistant with prescriptive authority, or advanced

19 practice registered nurse with prescriptive authority who

20 provides a standing order or prescription for an epinephrine

21 delivery system epinephrine auto-injector, incur no civil or

22 professional liability, except for willful and wanton conduct,

23 or as a result of any injury or death arising from the use of

24 an epinephrine delivery system epinephrine auto-injector.

25 (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;

26 103-154, eff. 6-30-23.)
    HB3454 Enrolled     -6-             LRB104 09749 BDA 19815 b

1   Section 15. The School Code is amended by changing Section

2 22-30 as follows:

3   (105 ILCS 5/22-30)

4   Sec. 22-30. Self-administration and self-carry of asthma

5 medication and epinephrine delivery systems injectors;

6 administration of undesignated epinephrine delivery systems

7 injectors; administration of an opioid antagonist;

8 administration of undesignated asthma medication; supply of

9 undesignated oxygen tanks; asthma episode emergency response

10 protocol.

11  (a) For the purpose of this Section only, the following

12 terms shall have the meanings set forth below:

13  "Asthma action plan" means a written plan developed with a

14 pupil's medical provider to help control the pupil's asthma.

15 The goal of an asthma action plan is to reduce or prevent

16 flare-ups and emergency department visits through day-to-day

17 management and to serve as a student-specific document to be

18 referenced in the event of an asthma episode.

19  "Asthma episode emergency response protocol" means a

20 procedure to provide assistance to a pupil experiencing

21 symptoms of wheezing, coughing, shortness of breath, chest

22 tightness, or breathing difficulty.

23  "Epinephrine delivery system" means any form of

24 epinephrine that is approved by the United States Food and
    HB3454 Enrolled  -7-                   LRB104 09749 BDA 19815 b

1 Drug Administration, including any device that contains a dose

2 of epinephrine, and that is used to administer epinephrine

3 into the human body to prevent or treat a life-threatening

4 allergic reaction injector" includes an auto-injector approved

5 by the United States Food and Drug Administration for the

6 administration of epinephrine and a pre-filled syringe

7 approved by the United States Food and Drug Administration and

8 used for the administration of epinephrine that contains a

9 pre-measured dose of epinephrine that is equivalent to the

10 dosages used in an auto-injector.

11  "Asthma medication" means quick-relief asthma medication,

12 including albuterol or other short-acting bronchodilators,

13 that is approved by the United States Food and Drug

14 Administration for the treatment of respiratory distress.

15 "Asthma medication" includes medication delivered through a

16 device, including a metered dose inhaler with a reusable or

17 disposable spacer or a nebulizer with a mouthpiece or mask.

18  "Opioid antagonist" means a drug that binds to opioid

19 receptors and blocks or inhibits the effect of opioids acting

20 on those receptors, including, but not limited to, naloxone

21 hydrochloride or any other similarly acting drug approved by

22 the U.S. Food and Drug Administration.

23  "Respiratory distress" means the perceived or actual

24 presence of wheezing, coughing, shortness of breath, chest

25 tightness, breathing difficulty, or any other symptoms

26 consistent with asthma. Respiratory distress may be
    HB3454 Enrolled          -8-         LRB104 09749 BDA 19815 b

1 categorized as "mild-to-moderate" or "severe".

2   "School nurse" means a registered nurse working in a

3 school with or without licensure endorsed in school nursing.

4   "Self-administration" means a pupil's discretionary use of

5 his or her prescribed asthma medication or epinephrine

6 delivery system injector.

7   "Self-carry" means a pupil's ability to carry his or her

8 prescribed asthma medication or epinephrine delivery system

9 injector.

10  "Standing protocol" may be issued by (i) a physician

11 licensed to practice medicine in all its branches, (ii) a

12 licensed physician assistant with prescriptive authority, or

13 (iii) a licensed advanced practice registered nurse with

14 prescriptive authority.

15  "Trained personnel" means any school employee or volunteer

16 personnel authorized in Sections 10-22.34, 10-22.34a, and

17 10-22.34b of this Code who has completed training under

18 subsection (g) of this Section to recognize and respond to

19 anaphylaxis, an opioid overdose, or respiratory distress.

20  "Undesignated asthma medication" means asthma medication

21 prescribed in the name of a school district, public school,

22 charter school, or nonpublic school.

23  "Undesignated epinephrine delivery system injector" means

24 an epinephrine delivery system injector prescribed in the name

25 of a school district, public school, charter school, or

26 nonpublic school.
    HB3454 Enrolled        -9-  LRB104 09749 BDA 19815 b

1   (b) A school, whether public, charter, or nonpublic, must

2 permit the self-administration and self-carry of asthma

3 medication by a pupil with asthma or the self-administration

4 and self-carry of an epinephrine delivery system injector by a

5 pupil, provided that:

6   (1) the parents or guardians of the pupil provide to

7   the school (i) written authorization from the parents or

8   guardians for (A) the self-administration and self-carry

9   of asthma medication or (B) the self-carry of asthma

10  medication or (ii) for (A) the self-administration and

11  self-carry of an epinephrine delivery system injector or

12  (B) the self-carry of an epinephrine delivery system

13  injector, written authorization from the pupil's

14  physician, physician assistant, or advanced practice

15  registered nurse; and

16  (2) the parents or guardians of the pupil provide to

17  the school (i) the prescription label, which must contain

18  the name of the asthma medication, the prescribed dosage,

19  and the time at which or circumstances under which the

20  asthma medication is to be administered, or (ii) for the

21  self-administration or self-carry of an epinephrine

22  delivery system injector, a written statement from the

23  pupil's physician, physician assistant, or advanced

24  practice registered nurse containing the following

25  information:

26  (A) the name and purpose of the epinephrine
    HB3454 Enrolled        - 10 - LRB104 09749 BDA 19815 b

1   delivery system injector;

2   (B) the prescribed dosage; and

3   (C) the time or times at which or the special

4   circumstances under which the epinephrine delivery

5   system injector is to be administered.

6 The information provided shall be kept on file in the office of

7 the school nurse or, in the absence of a school nurse, the

8 school's administrator.

9   (b-5) A school district, public school, charter school, or

10 nonpublic school may authorize the provision of a

11 student-specific or undesignated epinephrine delivery system

12 injector to a student or any personnel authorized under a

13 student's Individual Health Care Action Plan, allergy

14 emergency action plan, or plan pursuant to Section 504 of the

15 federal Rehabilitation Act of 1973 to administer an

16 epinephrine delivery system injector to the student, that

17 meets the student's prescription on file.

18  (b-10) The school district, public school, charter school,

19 or nonpublic school may authorize a school nurse or trained

20 personnel to do the following: (i) provide an undesignated

21 epinephrine delivery system injector to a student for

22 self-administration only or any personnel authorized under a

23 student's Individual Health Care Action Plan, allergy

24 emergency action plan, plan pursuant to Section 504 of the

25 federal Rehabilitation Act of 1973, or individualized

26 education program plan to administer to the student that meets
HB3454 Enrolled  - 11 - LRB104 09749 BDA 19815 b

 1 the student's prescription on file; (ii) administer an
 2 undesignated epinephrine delivery system injector that meets
 3 the prescription on file to any student who has an Individual
 4 Health Care Action Plan, allergy emergency action plan, plan
 5 pursuant to Section 504 of the federal Rehabilitation Act of
 6 1973, or individualized education program plan that authorizes
 7 the use of an epinephrine delivery system injector; (iii)
 8 administer an undesignated epinephrine delivery system
 9 injector to any person that the school nurse or trained
10 personnel in good faith believes is having an anaphylactic
11 reaction; (iv) administer an opioid antagonist to any person
12 that the school nurse or trained personnel in good faith
13 believes is having an opioid overdose; (v) provide
14 undesignated asthma medication to a student for
15 self-administration only or to any personnel authorized under
16 a student's Individual Health Care Action Plan or asthma
17 action plan, plan pursuant to Section 504 of the federal
18 Rehabilitation Act of 1973, or individualized education
19 program plan to administer to the student that meets the
20 student's prescription on file; (vi) administer undesignated
21 asthma medication that meets the prescription on file to any
22 student who has an Individual Health Care Action Plan or
23 asthma action plan, plan pursuant to Section 504 of the
24 federal Rehabilitation Act of 1973, or individualized
25 education program plan that authorizes the use of asthma
26 medication; and (vii) administer undesignated asthma
   HB3454 Enrolled  - 12 - LRB104 09749 BDA 19815 b

1 medication to any person that the school nurse or trained

2 personnel believes in good faith is having respiratory

3 distress.

4  (c) The school district, public school, charter school, or

5 nonpublic school must inform the parents or guardians of the

6 pupil, in writing, that the school district, public school,

7 charter school, or nonpublic school and its employees and

8 agents, including a physician, physician assistant, or

9 advanced practice registered nurse providing standing protocol

10 and a prescription for school epinephrine delivery systems

11 injectors, an opioid antagonist, or undesignated asthma

12 medication, are to incur no liability or professional

13 discipline, except for willful and wanton conduct, as a result

14 of any injury arising from the administration of asthma

15 medication, an epinephrine delivery system injector, or an

16 opioid antagonist regardless of whether authorization was

17 given by the pupil's parents or guardians or by the pupil's

18 physician, physician assistant, or advanced practice

19 registered nurse. The parents or guardians of the pupil must

20 sign a statement acknowledging that the school district,

21 public school, charter school, or nonpublic school and its

22 employees and agents are to incur no liability, except for

23 willful and wanton conduct, as a result of any injury arising

24 from the administration of asthma medication, an epinephrine

25 delivery system injector, or an opioid antagonist regardless

26 of whether authorization was given by the pupil's parents or
    HB3454 Enrolled            - 13 - LRB104 09749 BDA 19815 b

1 guardians or by the pupil's physician, physician assistant, or

2 advanced practice registered nurse and that the parents or

3 guardians must indemnify and hold harmless the school

4 district, public school, charter school, or nonpublic school

5 and its employees and agents against any claims, except a

6 claim based on willful and wanton conduct, arising out of the

7 administration of asthma medication, an epinephrine delivery

8 system injector, or an opioid antagonist regardless of whether

9 authorization was given by the pupil's parents or guardians or

10 by the pupil's physician, physician assistant, or advanced

11 practice registered nurse.

12  (c-5) When a school nurse or trained personnel administers

13 an undesignated epinephrine delivery system injector to a

14 person whom the school nurse or trained personnel in good

15 faith believes is having an anaphylactic reaction, administers

16 an opioid antagonist to a person whom the school nurse or

17 trained personnel in good faith believes is having an opioid

18 overdose, or administers undesignated asthma medication to a

19 person whom the school nurse or trained personnel in good

20 faith believes is having respiratory distress, notwithstanding

21 the lack of notice to the parents or guardians of the pupil or

22 the absence of the parents or guardians signed statement

23 acknowledging no liability, except for willful and wanton

24 conduct, the school district, public school, charter school,

25 or nonpublic school and its employees and agents, and a

26 physician, a physician assistant, or an advanced practice
    HB3454 Enrolled  - 14 - LRB104 09749 BDA 19815 b

1 registered nurse providing standing protocol and a

2 prescription for undesignated epinephrine delivery systems

3 injectors, an opioid antagonist, or undesignated asthma

4 medication, are to incur no liability or professional

5 discipline, except for willful and wanton conduct, as a result

6 of any injury arising from the use of an undesignated

7 epinephrine delivery system injector, the use of an opioid

8 antagonist, or the use of undesignated asthma medication,

9 regardless of whether authorization was given by the pupil's

10 parents or guardians or by the pupil's physician, physician

11 assistant, or advanced practice registered nurse.

12  (d) The permission for self-administration and self-carry

13 of asthma medication or the self-administration and self-carry

14 of an epinephrine delivery system injector is effective for

15 the school year for which it is granted and shall be renewed

16 each subsequent school year upon fulfillment of the

17 requirements of this Section.

18  (e) Provided that the requirements of this Section are

19 fulfilled, a pupil with asthma may self-administer and

20 self-carry his or her asthma medication or a pupil may

21 self-administer and self-carry an epinephrine delivery system

22 injector (i) while in school, (ii) while at a school-sponsored

23 activity, (iii) while under the supervision of school

24 personnel, or (iv) before or after normal school activities,

25 such as while in before-school or after-school care on

26 school-operated property or while being transported on a
    HB3454 Enrolled            - 15 - LRB104 09749 BDA 19815 b

1 school bus.

2   (e-5) Provided that the requirements of this Section are

3 fulfilled, a school nurse or trained personnel may administer

4 an undesignated epinephrine delivery system injector to any

5 person whom the school nurse or trained personnel in good

6 faith believes to be having an anaphylactic reaction (i) while

7 in school, (ii) while at a school-sponsored activity, (iii)

8 while under the supervision of school personnel, or (iv)

9 before or after normal school activities, such as while in

10 before-school or after-school care on school-operated property

11 or while being transported on a school bus. A school nurse or

12 trained personnel may carry undesignated epinephrine delivery

13 systems injectors on his or her person while in school or at a

14 school-sponsored activity.

15  (e-10) Provided that the requirements of this Section are

16 fulfilled, a school nurse or trained personnel may administer

17 an opioid antagonist to any person whom the school nurse or

18 trained personnel in good faith believes to be having an

19 opioid overdose (i) while in school, (ii) while at a

20 school-sponsored activity, (iii) while under the supervision

21 of school personnel, or (iv) before or after normal school

22 activities, such as while in before-school or after-school

23 care on school-operated property. A school nurse or trained

24 personnel may carry an opioid antagonist on his or her person

25 while in school or at a school-sponsored activity.

26  (e-15) If the requirements of this Section are met, a
    HB3454 Enrolled  - 16 - LRB104 09749 BDA 19815 b

1 school nurse or trained personnel may administer undesignated

2 asthma medication to any person whom the school nurse or

3 trained personnel in good faith believes to be experiencing

4 respiratory distress (i) while in school, (ii) while at a

5 school-sponsored activity, (iii) while under the supervision

6 of school personnel, or (iv) before or after normal school

7 activities, including before-school or after-school care on

8 school-operated property. A school nurse or trained personnel

9 may carry undesignated asthma medication on his or her person

10 while in school or at a school-sponsored activity.

11  (f) The school district, public school, charter school, or

12 nonpublic school may maintain a supply of undesignated

13 epinephrine delivery systems injectors in any secure location

14 that is accessible before, during, and after school where an

15 allergic person is most at risk, including, but not limited

16 to, classrooms and lunchrooms. A physician, a physician

17 assistant who has prescriptive authority in accordance with

18 Section 7.5 of the Physician Assistant Practice Act of 1987,

19 or an advanced practice registered nurse who has prescriptive

20 authority in accordance with Section 65-40 of the Nurse

21 Practice Act may prescribe undesignated epinephrine delivery

22 systems injectors in the name of the school district, public

23 school, charter school, or nonpublic school to be maintained

24 for use when necessary. Any supply of epinephrine delivery

25 systems injectors shall be maintained in accordance with the

26 manufacturer's instructions.
    HB3454 Enrolled  - 17 - LRB104 09749 BDA 19815 b

1   The school district, public school, charter school, or

2 nonpublic school shall maintain a supply of an opioid

3 antagonist in any secure location where an individual may have

4 an opioid overdose, unless there is a shortage of opioid

5 antagonists, in which case the school district, public school,

6 charter school, or nonpublic school shall make a reasonable

7 effort to maintain a supply of an opioid antagonist. Unless

8 the school district, public school, charter school, or

9 nonpublic school is able to obtain opioid antagonists without

10 a prescription, a health care professional who has been

11 delegated prescriptive authority for opioid antagonists in

12 accordance with Section 5-23 of the Substance Use Disorder Act

13 shall prescribe opioid antagonists in the name of the school

14 district, public school, charter school, or nonpublic school,

15 to be maintained for use when necessary. Any supply of opioid

16 antagonists shall be maintained in accordance with the

17 manufacturer's instructions.

18  The school district, public school, charter school, or

19 nonpublic school may maintain a supply of asthma medication in

20 any secure location that is accessible before, during, or

21 after school where a person is most at risk, including, but not

22 limited to, a classroom or the nurse's office. A physician, a

23 physician assistant who has prescriptive authority under

24 Section 7.5 of the Physician Assistant Practice Act of 1987,

25 or an advanced practice registered nurse who has prescriptive

26 authority under Section 65-40 of the Nurse Practice Act may
    HB3454 Enrolled     - 18 - LRB104 09749 BDA 19815 b

1 prescribe undesignated asthma medication in the name of the

2 school district, public school, charter school, or nonpublic

3 school to be maintained for use when necessary. Any supply of

4 undesignated asthma medication must be maintained in

5 accordance with the manufacturer's instructions.

6   A school district that provides special educational

7 facilities for children with disabilities under Section

8 14-4.01 of this Code may maintain a supply of undesignated

9 oxygen tanks in any secure location that is accessible before,

10 during, and after school where a person with developmental

11 disabilities is most at risk, including, but not limited to,

12 classrooms and lunchrooms. A physician, a physician assistant

13 who has prescriptive authority in accordance with Section 7.5

14 of the Physician Assistant Practice Act of 1987, or an

15 advanced practice registered nurse who has prescriptive

16 authority in accordance with Section 65-40 of the Nurse

17 Practice Act may prescribe undesignated oxygen tanks in the

18 name of the school district that provides special educational

19 facilities for children with disabilities under Section

20 14-4.01 of this Code to be maintained for use when necessary.

21 Any supply of oxygen tanks shall be maintained in accordance

22 with the manufacturer's instructions and with the local fire

23 department's rules.

24  (f-3) Whichever entity initiates the process of obtaining

25 undesignated epinephrine delivery systems injectors and

26 providing training to personnel for carrying and administering
    HB3454 Enrolled             - 19 - LRB104 09749 BDA 19815 b

1 undesignated epinephrine delivery systems injectors shall pay

2 for the costs of the undesignated epinephrine delivery systems

3 injectors.

4   (f-5) Upon any administration of an epinephrine delivery

5 system injector, a school district, public school, charter

6 school, or nonpublic school must immediately activate the EMS

7 system and notify the student's parent, guardian, or emergency

8 contact, if known.

9   Upon any administration of an opioid antagonist, a school

10 district, public school, charter school, or nonpublic school

11 must immediately activate the EMS system and notify the

12 student's parent, guardian, or emergency contact, if known.

13  (f-10) Within 24 hours of the administration of an

14 undesignated epinephrine delivery system injector, a school

15 district, public school, charter school, or nonpublic school

16 must notify the physician, physician assistant, or advanced

17 practice registered nurse who provided the standing protocol

18 and a prescription for the undesignated epinephrine delivery

19 system injector of its use.

20  Within 24 hours after the administration of an opioid

21 antagonist, a school district, public school, charter school,

22 or nonpublic school must notify the health care professional

23 who provided the prescription for the opioid antagonist of its

24 use.

25  Within 24 hours after the administration of undesignated

26 asthma medication, a school district, public school, charter
    HB3454 Enrolled        - 20 - LRB104 09749 BDA 19815 b

1 school, or nonpublic school must notify the student's parent

2 or guardian or emergency contact, if known, and the physician,

3 physician assistant, or advanced practice registered nurse who

4 provided the standing protocol and a prescription for the

5 undesignated asthma medication of its use. The district or

6 school must follow up with the school nurse, if available, and

7 may, with the consent of the child's parent or guardian,

8 notify the child's health care provider of record, as

9 determined under this Section, of its use.

10  (g) Prior to the administration of an undesignated

11 epinephrine delivery system injector, trained personnel must

12 submit to the school's administration proof of completion of a

13 training curriculum to recognize and respond to anaphylaxis

14 that meets the requirements of subsection (h) of this Section.

15 Training must be completed annually. The school district,

16 public school, charter school, or nonpublic school must

17 maintain records related to the training curriculum and

18 trained personnel.

19  Prior to the administration of an opioid antagonist,

20 trained personnel must submit to the school's administration

21 proof of completion of a training curriculum to recognize and

22 respond to an opioid overdose, which curriculum must meet the

23 requirements of subsection (h-5) of this Section. The school

24 district, public school, charter school, or nonpublic school

25 must maintain records relating to the training curriculum and

26 the trained personnel.
    HB3454 Enrolled          - 21 - LRB104 09749 BDA 19815 b

1   Prior to the administration of undesignated asthma

2 medication, trained personnel must submit to the school's

3 administration proof of completion of a training curriculum to

4 recognize and respond to respiratory distress, which must meet

5 the requirements of subsection (h-10) of this Section.

6 Training must be completed annually, and the school district,

7 public school, charter school, or nonpublic school must

8 maintain records relating to the training curriculum and the

9 trained personnel.

10  (h) A training curriculum to recognize and respond to

11 anaphylaxis, including the administration of an undesignated

12 epinephrine delivery system injector, may be conducted online

13 or in person.

14  Training shall include, but is not limited to:

15  (1) how to recognize signs and symptoms of an allergic

16  reaction, including anaphylaxis;

17  (2) how to administer an epinephrine delivery system

18  injector; and

19  (3) a test demonstrating competency of the knowledge

20  required to recognize anaphylaxis and administer an

21  epinephrine delivery system injector.

22  Training may also include, but is not limited to:

23  (A) a review of high-risk areas within a school and

24  its related facilities;

25  (B) steps to take to prevent exposure to allergens;

26  (C) emergency follow-up procedures, including the
    HB3454 Enrolled  - 22 - LRB104 09749 BDA 19815 b

1   importance of calling 9-1-1 or, if 9-1-1 is not available,

2   other local emergency medical services;

3   (D) how to respond to a student with a known allergy,

4   as well as a student with a previously unknown allergy;

5   (E) other criteria as determined in rules adopted

6   pursuant to this Section; and

7   (F) any policy developed by the State Board of

8   Education under Section 2-3.190.

9   In consultation with statewide professional organizations

10 representing physicians licensed to practice medicine in all

11 of its branches, registered nurses, and school nurses, the

12 State Board of Education shall make available resource

13 materials consistent with criteria in this subsection (h) for

14 educating trained personnel to recognize and respond to

15 anaphylaxis. The State Board may take into consideration the

16 curriculum on this subject developed by other states, as well

17 as any other curricular materials suggested by medical experts

18 and other groups that work on life-threatening allergy issues.

19 The State Board is not required to create new resource

20 materials. The State Board shall make these resource materials

21 available on its Internet website.

22  (h-5) A training curriculum to recognize and respond to an

23 opioid overdose, including the administration of an opioid

24 antagonist, may be conducted online or in person. The training

25 must comply with any training requirements under Section 5-23

26 of the Substance Use Disorder Act and the corresponding rules.
    HB3454 Enrolled        - 23 - LRB104 09749 BDA 19815 b

1 It must include, but is not limited to:

2   (1) how to recognize symptoms of an opioid overdose;

3   (2) information on drug overdose prevention and

4   recognition;

5   (3) how to perform rescue breathing and resuscitation;

6   (4) how to respond to an emergency involving an opioid

7   overdose;

8   (5) opioid antagonist dosage and administration;

9   (6) the importance of calling 9-1-1 or, if 9-1-1 is

10  not available, other local emergency medical services;

11  (7) care for the overdose victim after administration

12  of the overdose antagonist;

13  (8) a test demonstrating competency of the knowledge

14  required to recognize an opioid overdose and administer a

15  dose of an opioid antagonist; and

16  (9) other criteria as determined in rules adopted

17  pursuant to this Section.

18  (h-10) A training curriculum to recognize and respond to

19 respiratory distress, including the administration of

20 undesignated asthma medication, may be conducted online or in

21 person. The training must include, but is not limited to:

22  (1) how to recognize symptoms of respiratory distress

23  and how to distinguish respiratory distress from

24  anaphylaxis;

25  (2) how to respond to an emergency involving

26  respiratory distress;
    HB3454 Enrolled         - 24 - LRB104 09749 BDA 19815 b

1   (3) asthma medication dosage and administration;

2   (4) the importance of calling 9-1-1 or, if 9-1-1 is

3   not available, other local emergency medical services;

4   (5) a test demonstrating competency of the knowledge

5   required to recognize respiratory distress and administer

6   asthma medication; and

7   (6) other criteria as determined in rules adopted

8   under this Section.

9   (i) Within 3 days after the administration of an

10 undesignated epinephrine delivery system injector by a school

11 nurse, trained personnel, or a student at a school or

12 school-sponsored activity, the school must report to the State

13 Board of Education in a form and manner prescribed by the State

14 Board the following information:

15  (1) age and type of person receiving epinephrine

16  (student, staff, visitor);

17  (2) any previously known diagnosis of a severe

18  allergy;

19  (3) trigger that precipitated allergic episode;

20  (4) location where symptoms developed;

21  (5) number of doses administered;

22  (6) type of person administering epinephrine (school

23  nurse, trained personnel, student); and

24  (7) any other information required by the State Board.

25  If a school district, public school, charter school, or

26 nonpublic school maintains or has an independent contractor
    HB3454 Enrolled  - 25 - LRB104 09749 BDA 19815 b

1 providing transportation to students who maintains a supply of

2 undesignated epinephrine delivery systems injectors, then the

3 school district, public school, charter school, or nonpublic

4 school must report that information to the State Board of

5 Education upon adoption or change of the policy of the school

6 district, public school, charter school, nonpublic school, or

7 independent contractor, in a manner as prescribed by the State

8 Board. The report must include the number of undesignated

9 epinephrine delivery systems injectors in supply.

10  (i-5) Within 3 days after the administration of an opioid

11 antagonist by a school nurse or trained personnel, the school

12 must report to the State Board of Education, in a form and

13 manner prescribed by the State Board, the following

14 information:

15  (1) the age and type of person receiving the opioid

16  antagonist (student, staff, or visitor);

17  (2) the location where symptoms developed;

18  (3) the type of person administering the opioid

19  antagonist (school nurse or trained personnel); and

20  (4) any other information required by the State Board.

21  (i-10) Within 3 days after the administration of

22 undesignated asthma medication by a school nurse, trained

23 personnel, or a student at a school or school-sponsored

24 activity, the school must report to the State Board of

25 Education, on a form and in a manner prescribed by the State

26 Board of Education, the following information:
    HB3454 Enrolled      - 26 - LRB104 09749 BDA 19815 b

1   (1) the age and type of person receiving the asthma

2   medication (student, staff, or visitor);

3   (2) any previously known diagnosis of asthma for the

4   person;

5   (3) the trigger that precipitated respiratory

6   distress, if identifiable;

7   (4) the location of where the symptoms developed;

8   (5) the number of doses administered;

9   (6) the type of person administering the asthma

10  medication (school nurse, trained personnel, or student);

11  (7) the outcome of the asthma medication

12  administration; and

13  (8) any other information required by the State Board.

14  (j) By October 1, 2015 and every year thereafter, the

15 State Board of Education shall submit a report to the General

16 Assembly identifying the frequency and circumstances of

17 undesignated epinephrine and undesignated asthma medication

18 administration during the preceding academic year. Beginning

19 with the 2017 report, the report shall also contain

20 information on which school districts, public schools, charter

21 schools, and nonpublic schools maintain or have independent

22 contractors providing transportation to students who maintain

23 a supply of undesignated epinephrine delivery systems

24 injectors. This report shall be published on the State Board's

25 Internet website on the date the report is delivered to the

26 General Assembly.
    HB3454 Enrolled  - 27 - LRB104 09749 BDA 19815 b

1   (j-5) Annually, each school district, public school,

2 charter school, or nonpublic school shall request an asthma

3 action plan from the parents or guardians of a pupil with

4 asthma. If provided, the asthma action plan must be kept on

5 file in the office of the school nurse or, in the absence of a

6 school nurse, the school administrator. Copies of the asthma

7 action plan may be distributed to appropriate school staff who

8 interact with the pupil on a regular basis, and, if

9 applicable, may be attached to the pupil's federal Section 504

10 plan or individualized education program plan.

11  (j-10) To assist schools with emergency response

12 procedures for asthma, the State Board of Education, in

13 consultation with statewide professional organizations with

14 expertise in asthma management and a statewide organization

15 representing school administrators, shall develop a model

16 asthma episode emergency response protocol before September 1,

17 2016. Each school district, charter school, and nonpublic

18 school shall adopt an asthma episode emergency response

19 protocol before January 1, 2017 that includes all of the

20 components of the State Board's model protocol.

21  (j-15) (Blank).

22  (j-20) On or before October 1, 2016 and every year

23 thereafter, the State Board of Education shall submit a report

24 to the General Assembly and the Department of Public Health

25 identifying the frequency and circumstances of opioid

26 antagonist administration during the preceding academic year.
    HB3454 Enrolled           - 28 - LRB104 09749 BDA 19815 b

1 This report shall be published on the State Board's Internet

2 website on the date the report is delivered to the General

3 Assembly.

4   (k) The State Board of Education may adopt rules necessary

5 to implement this Section.

6   (l) Nothing in this Section shall limit the amount of

7 epinephrine delivery systems injectors that any type of school

8 or student may carry or maintain a supply of.

9 (Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;

10 103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.

11 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563

12 for effective date of P.A. 103-542); 103-605, eff. 7-1-24.)

13  Section 20. The Illinois Insurance Code is amended by

14 changing Section 356z.33 as follows:

15  (215 ILCS 5/356z.33)

16  Sec. 356z.33. Coverage for epinephrine delivery systems

17 epinephrine injectors.

18  (a) A group or individual policy of accident and health

19 insurance or a managed care plan that is amended, delivered,

20 issued, or renewed on or after January 1, 2020 (the effective

21 date of Public Act 101-281) shall provide coverage for

22 medically necessary epinephrine delivery systems epinephrine

23 injectors for persons 18 years of age or under. As used in this

24 Section, "epinephrine delivery system" "epinephrine injector"
    HB3454 Enrolled         - 29 - LRB104 09749 BDA 19815 b

1 has the meaning given to that term in Section 5 of the

2 Epinephrine Delivery System Epinephrine Injector Act.

3   (b) An insurer that provides coverage for medically

4 necessary epinephrine delivery systems epinephrine injectors

5 shall limit the total amount that an insured is required to pay

6 for a twin-pack of medically necessary epinephrine delivery

7 systems epinephrine injectors at an amount not to exceed $60,

8 regardless of the type of epinephrine delivery system

9 epinephrine injector; except that this provision does not

10 apply to the extent such coverage would disqualify a

11 high-deductible health plan from eligibility for a health

12 savings account pursuant to Section 223 of the Internal

13 Revenue Code (26 U.S.C. 223).

14  (c) Nothing in this Section prevents an insurer from

15 reducing an insured's cost sharing by an amount greater than

16 the amount specified in subsection (b).

17  (d) The Department may adopt rules as necessary to

18 implement and administer this Section.

19 (Source: P.A. 102-558, eff. 8-20-21; 103-454, eff. 1-1-25;

20 103-718, eff. 7-19-24.)

21  Section 25. The Medical Practice Act of 1987 is amended by

22 changing Section 65 as follows:

23  (225 ILCS 60/65)

24  (Section scheduled to be repealed on January 1, 2027)
    HB3454 Enrolled  - 30 - LRB104 09749 BDA 19815 b

1   Sec. 65. Annie LeGere Law; epinephrine delivery system

2 epinephrine auto-injector. A licensee under this Act may not

3 be subject to discipline for providing a standing order or

4 prescription for an epinephrine delivery system epinephrine

5 auto-injector in accordance with Section 40 of the Illinois

6 State Police Act or Section 10.19 of the Illinois Police

7 Training Act.

8 (Source: P.A. 102-538, eff. 8-20-21.)

9   Section 30. The Epinephrine Injector Act is amended by

10 changing Sections 1, 5, 10, 15, and 20 as follows:

11  (410 ILCS 27/1)

12  Sec. 1. Short title. This Act may be cited as the

13 Epinephrine Delivery System Epinephrine Injector Act.

14 (Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.)

15  (410 ILCS 27/5)

16  Sec. 5. Definitions. As used in this Act:

17  "Administer" means to directly apply an epinephrine

18 delivery system to the body of an individual.

19  "Authorized entity" means any entity or organization,

20 other than a school covered under Section 22-30 of the School

21 Code, in connection with or at which allergens capable of

22 causing anaphylaxis may be present, including, but not limited

23 to, independent contractors who provide student transportation
    HB3454 Enrolled    - 31 - LRB104 09749 BDA 19815 b

1 to schools, recreation camps, colleges and universities, day

2 care facilities, youth sports leagues, amusement parks,

3 restaurants, sports arenas, and places of employment. The

4 Department shall, by rule, determine what constitutes a day

5 care facility under this definition.

6   "Authorized individual" means an individual who has

7 successfully completed the training program under Section 10

8 of this Act.

9   "Department" means the Department of Public Health.

10  "Epinephrine delivery system" means any form of

11 epinephrine that is approved by the United States Food and

12 Drug Administration, including any device that contains a dose

13 of epinephrine, and that is used to administer epinephrine

14 into the human body to prevent or treat a life-threatening

15 allergic reaction.

16  "Health care practitioner" means a physician licensed to

17 practice medicine in all its branches under the Medical

18 Practice Act of 1987, a physician assistant under the

19 Physician Assistant Practice Act of 1987 with prescriptive

20 authority, or an advanced practice registered nurse with

21 prescribing authority under Article 65 of the Nurse Practice

22 Act.

23  "Pharmacist" has the meaning given to that term under

24 subsection (k-5) of Section 3 of the Pharmacy Practice Act.

25  "Undesignated epinephrine delivery system injector" means

26 an epinephrine delivery system injector prescribed in the name
    HB3454 Enrolled   - 32 - LRB104 09749 BDA 19815 b

1 of an authorized entity.
2 (Source: P.A. 104-229, eff. 1-1-26.)

3   (410 ILCS 27/10)

4   Sec. 10. Prescription to authorized entity; use; training.

5   (a) A health care practitioner may prescribe epinephrine

6 delivery systems injectors in the name of an authorized entity

7 or authorized individual for use in accordance with this Act,

8 and pharmacists and health care practitioners may dispense

9 epinephrine delivery systems pursuant to a prescription issued

10 in the name of an authorized entity or authorized individual.

11 Such prescriptions shall be valid for a period of 2 years.

12  (a-1) A health care provider with prescribing authority

13 who is employed by or under contract with the Department may

14 issue a statewide standing order for the dispensing of

15 epinephrine delivery systems for use under subsection (c) by

16 authorized individuals or by employees or agents of authorized

17 entities who have completed the training required by

18 subsection (d).

19  (b) An authorized entity or authorized individual may

20 acquire and stock a supply of undesignated epinephrine

21 delivery systems pursuant to a prescription issued under

22 subsection (a) of this Section. Such undesignated epinephrine

23 delivery systems shall be stored in a location readily

24 accessible in an emergency and in accordance with the

25 instructions for use of the epinephrine delivery systems. The
    HB3454 Enrolled           - 33 - LRB104 09749 BDA 19815 b

1 Department may establish any additional requirements an

2 authorized entity or authorized individual must follow under

3 this Act.

4   (c) An employee or agent of an authorized entity who is an

5 authorized individual or any other individual who is an

6 authorized individual may:

7   (1) anywhere allergens capable of causing anaphylaxis

8   may be present provide an epinephrine delivery system to

9   any individual whom the employee, agent, or other

10  individual believes in good faith is experiencing

11  anaphylaxis, or to the parent, guardian, or caregiver of

12  such individual, for immediate administration, regardless

13  of whether the individual has a prescription for an

14  epinephrine delivery system or has previously been

15  diagnosed with an allergy; or

16  (2) anywhere allergens capable of causing anaphylaxis

17  may be present administer an epinephrine delivery system

18  to any individual whom the employee, agent, or other

19  individual believes in good faith is experiencing

20  anaphylaxis, regardless of whether the individual has a

21  prescription for an epinephrine delivery system or has

22  previously been diagnosed with an allergy.

23  (d) An employee, agent, or other individual authorized

24 must complete an anaphylaxis training program before he or she

25 is able to provide or administer an epinephrine delivery

26 system under this Section. Such training shall be valid for a
    HB3454 Enrolled        - 34 - LRB104 09749 BDA 19815 b

1 period of 2 years and shall be conducted by a nationally

2 recognized organization experienced in training laypersons in

3 emergency health treatment. The Department shall include links

4 to training providers' websites on its website.

5   Training shall include, but is not limited to:

6        (1) how to recognize signs and symptoms of an allergic

7   reaction, including anaphylaxis;

8        (2) how to administer an epinephrine delivery system;

9   and

10       (3) a test demonstrating competency of the knowledge

11  required to recognize anaphylaxis and administer an

12  epinephrine delivery system.

13  Training may also include, but is not limited to:

14       (A) a review of high-risk areas on the authorized

15  entity's property and its related facilities;

16       (B) steps to take to prevent exposure to allergens;

17       (C) emergency follow-up procedures; and

18       (D) other criteria as determined in rules adopted

19  pursuant to this Act.

20  Training may be conducted either online or in person. The

21 entity or individual conducting the training shall issue a

22 certificate to each person who successfully completes the

23 anaphylaxis training program. The Department shall approve

24 training programs and list permitted training programs on the

25 Department's Internet website.

26 (Source: P.A. 104-229, eff. 1-1-26.)
    HB3454 Enrolled    - 35 - LRB104 09749 BDA 19815 b

1   (410 ILCS 27/15)

2   Sec. 15. Costs. Whichever entity initiates the process of

3 obtaining undesignated epinephrine delivery systems and

4 providing training to personnel for carrying and administering

5 undesignated epinephrine delivery systems shall pay for the

6 costs of the undesignated epinephrine delivery systems.

7 (Source: P.A. 104-229, eff. 1-1-26.)

8   (410 ILCS 27/20)

9   Sec. 20. Limitations. The use of an undesignated

10 epinephrine delivery system in accordance with the

11 requirements of this Act does not constitute the practice of

12 medicine or any other profession that requires medical

13 licensure.

14  Nothing in this Act shall limit the amount of epinephrine

15 delivery systems that an authorized entity or individual may

16 carry or maintain a supply of.

17 (Source: P.A. 104-229, eff. 1-1-26.)

18  Section 35. The Emergency Asthma Inhalers and Allergy

19 Treatment for Children Act is amended by changing Section 10

20 as follows:

21  (410 ILCS 607/10)

22  Sec. 10. Possession, self-administration, and use of
    HB3454 Enrolled      - 36 - LRB104 09749 BDA 19815 b

1 epinephrine delivery systems epinephrine auto-injectors or

2 inhalers at recreation camps and after-school care programs.

3   (a) A recreation camp or an after-school care program

4 shall permit a child with severe, potentially life-threatening

5 allergies to possess, self-administer, and use an epinephrine

6 delivery system epinephrine auto-injector or inhaler, if the

7 following conditions are satisfied:

8   (1) The child has the written approval of his or her

9   parent or guardian.

10  (2) The recreational camp or after-school care program

11  administrator or, if a nurse is assigned to the camp or

12  program, the nurse shall receive copies of the written

13  approvals required under paragraph (1) of subsection (a)

14  of this Section.

15  (3) The child's parent or guardian shall submit

16  written verification confirming that the child has the

17  knowledge and skills to safely possess, self-administer,

18  and use an epinephrine delivery system epinephrine

19  auto-injector or inhaler in a camp or an after-school care

20  program setting.

21  (b) The child's parent or guardian shall provide the camp

22 or program with the following information:

23  (1) the child's name;

24  (2) the name, route, and dosage of medication;

25  (3) the frequency and time of medication

26  administration or assistance;
    HB3454 Enrolled  - 37 - LRB104 09749 BDA 19815 b

1   (4) the date of the order;

2   (5) a diagnosis and any other medical conditions

3   requiring medications, if not a violation of

4   confidentiality or if not contrary to the request of the

5   parent or guardian to keep confidential;

6   (6) specific recommendations for administration;

7   (7) any special side effects, contraindications, and

8   adverse reactions to be observed;

9   (8) the name of each required medication; and

10  (9) any severe adverse reactions that may occur to

11  another child, for whom the epinephrine delivery system

12  epinephrine auto-injector or inhaler is not prescribed,

13  should the other child receive a dose of the medication.

14  (c) If the conditions of this Act are satisfied, the child

15 may possess, self-administer, and use an epinephrine delivery

16 system epinephrine auto-injector or inhaler at the camp or

17 after-school care program or at any camp-sponsored or

18 program-sponsored activity, event, or program.

19  (d) The recreational camp or after-school care program

20 must inform the parents or guardians of the child, in writing,

21 that the recreational camp or after-school care program and

22 its employees and agents are to incur no liability, as

23 applicable, except for willful and wanton conduct, as a result

24 of any injury arising from the self-administration of

25 medication to the child. The parents or guardians of the child

26 must sign a statement acknowledging that the recreational camp
    HB3454 Enrolled            - 38 - LRB104 09749 BDA 19815 b

1 or after-school care program is to incur no liability, except

2 for willful and wanton conduct, as a result of any injury

3 arising from the self-administration of medication by the

4 child and that the parents or guardians must indemnify and

5 hold harmless the recreational camp or after-school care

6 program and its employees and agents, as applicable, against

7 any claims, except a claim based on willful and wanton

8 conduct, arising out of the self-administration of medication

9 by the child.

10  (e) After-school care program personnel who have completed

11 an anaphylaxis training program as identified under the

12 Epinephrine Delivery System Epinephrine Injector Act may

13 administer an undesignated epinephrine injection to any child

14 if the after-school care program personnel believe in good

15 faith that the child is having an anaphylactic reaction while

16 in the after-school care program. After-school care program

17 personnel may carry undesignated epinephrine delivery systems

18 epinephrine injectors on their person while in the

19 after-school care program.

20  (f) After-school care program personnel may administer

21 undesignated asthma medication to any child if the

22 after-school care program personnel believe in good faith that

23 the child is experiencing respiratory distress while in the

24 after-school care program. After-school care program personnel

25 may carry undesignated asthma medication on their person while

26 in the after-school care program.
   HB3454 Enrolled  - 39 - LRB104 09749 BDA 19815 b

1  (g) If after-school care program personnel are to

2 administer an undesignated epinephrine injection or an

3 undesignated asthma medication to a child, the after-school

4 care program personnel must inform the parents or guardians of

5 the child, in writing, that the after-school care program and

6 its employees and agents, acting in accordance with standard

7 protocols and the prescription for the injection or

8 medication, shall incur no liability, except for willful and

9 wanton conduct, as a result of any injury arising from the

10 administration of the injection or medication, notwithstanding

11 whether authorization was given by the child's parents or

12 guardians or by the child's physician, physician assistant, or

13 advanced practice registered nurse. A parent or guardian of

14 the child must sign a statement acknowledging that the

15 after-school care program and its employees and agents are to

16 incur no liability, except for willful and wanton conduct, as

17 a result of any injury arising from the administration of the

18 medication or injection, regardless of whether authorization

19 was given by a parent or guardian of the child or by the

20 child's physician, physician assistant, or advanced practice

21 registered nurse, and that the parent or guardian must also

22 indemnify and hold harmless the after-school care program and

23 its employees and agents against any claims, except a claim

24 based on willful and wanton conduct, arising out of the

25 administration of the medication or injection, regardless of

26 whether authorization was given by the child's parent or
    HB3454 Enrolled   - 40 - LRB104 09749 BDA 19815 b

1 guardian or by the child's physician, physician assistant, or

2 advanced practice registered nurse.

3   (h) If after-school care program personnel administer an

4 undesignated epinephrine injection to a person and the

5 after-school care program personnel believe in good faith the

6 person is having an anaphylactic reaction or administer

7 undesignated asthma medication to a person and believe in good

8 faith the person is experiencing respiratory distress, then

9 the after-school care program and its employees and agents,

10 acting in accordance with standard protocols and the

11 prescription for the injection or medication, shall not incur

12 any liability or be subject to professional discipline, except

13 for willful and wanton conduct, as a result of any injury

14 arising from the use of the injection or medication,

15 notwithstanding whether notice was given to or authorization

16 was given by the child's parent or guardian or by the child's

17 physician, physician assistant, or advanced practice

18 registered nurse and notwithstanding the absence of the

19 parent's or guardian's signed statement acknowledging release

20 from liability.

21  (i) The changes made to this Section by this amendatory

22 Act of the 103rd General Assembly apply to actions filed on or

23 after the effective date of this amendatory Act of the 103rd

24 General Assembly.

25 (Source: P.A. 103-438, eff. 8-4-23.)
   HB3454 Enrolled  - 41 - LRB104 09749 BDA 19815 b

1  Section 40. The Illinois Food, Drug and Cosmetic Act is

2 amended by changing Section 3.21 as follows:

3  (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)

4  Sec. 3.21. Except as authorized by this Act, the Illinois

5 Controlled Substances Act, the Pharmacy Practice Act, the

6 Dental Practice Act, the Medical Practice Act of 1987, the

7 Veterinary Medicine and Surgery Practice Act of 2004, the

8 Podiatric Medical Practice Act of 1987, Section 22-30 of the

9 School Code, Section 40 of the Illinois State Police Act,

10 Section 10.19 of the Illinois Police Training Act, or the

11 Epinephrine Delivery System Epinephrine Injector Act, to sell

12 or dispense a prescription drug without a prescription.

13 (Source: P.A. 102-538, eff. 8-20-21.)
Every fact on this page links to its source, starting with the official bill record.