New Illinois Law Protects Prescribers When Responders Use EpiPens

The bill amends the State Police, Illinois Police Training and Medical Practices acts and took effect immediately. It includes in the protected class physicians, physician's assistants, and advanced practice registered nurses with prescriptive authority who provide a prescription or standing order for epinephrine for an Illinois police department.

The governor of Illinois, Bruce Rauner, signed a bill into law on July 31 that will protect prescribing medical authorities from civil or professional liability when a police officer delivers an epinephrine auto-injection during an allergy-related emergency. Senate Bill 2226 also clarifies protection already in place for police officers; it is intended to expand the availability of the life-saving, first responder program originally implemented in January 2017 under what is commonly known as Annie LeGere's Law. Annie LeGere was 13 when she died in August 2015 after suffering a severe allergic reaction.

The bill signing took place in Elmhurst, where Annie attended school. "The LeGere family's tireless efforts have made a meaningful difference in the food allergy community and increased public safety across the state of Illinois," Rauner said. "The LeGeres lost their daughter, Annie, due to an unforeseen and severe allergic reaction. The use of an EpiPen when first responders arrived at the scene may have slowed the reaction sufficiently to save her life."

While the original law offered liability protection to administering police officers, SB 2226 expands liability protection to also include those providing the standing prescriptions that supply police agencies with EpiPens. It also clarifies that officers and prescribers are protected against "civil or professional" liability in the event of injury or death arising from use of an epinephrine auto-injector.

"Inspired by Annie's tragic and likely preventable passing, food allergy advocates worked with members of the Illinois General Assembly to pass Annie LeGere's Law," Rauner said. "The amendments included in SB 2226 should make availability of these life-saving devices more widespread by removing hesitancy among members of the medical prescribing community and increasing confidence among the officers who receive the advanced training needed to administer them."

The bill amends the State Police, Illinois Police Training and Medical Practices acts and took effect immediately. It includes in the protected class physicians, physician's assistants, and advanced practice registered nurses with prescriptive authority who provide a prescription or standing order for epinephrine for an Illinois police department.

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