We have received an unusually large number of calls from school districts over the past few weeks concerning the administration of EpiPens® in schools. The relevant Illinois statute was amended over one year ago, on August 15, 2011. So why the sudden uptick in calls? It turns out that the local media extensively covered a press conference held on August 13 by Illinois Attorney General Lisa Madigan at Chicago’s Lurie Children’s Hospital, urging Illinois school districts to acquire Epinephrine Auto-Injectors (EpiPens®) to administer to students who experience anaphylactic shock at school.
The big question: are schools required to stock EpiPens®? The answer is no – the statute is permissive, not mandatory. We are aware that a handful of school districts decided to obtain extra EpiPens® to administer to students in case of an emergency, even in situations where the student does not have a known allergy. Policy revisions, notice to parents, staff certifications, filling of prescriptions, etc., are all issues that need to be addressed and discussed with counsel if a district chooses to stock EpiPens®.
If you are looking for more information, the Attorney General’s Office website contains a comprehensive and well written summary of the Emergency Epinephrine Act (P.A. 97-0361; 105 ILCS 5/22-30) along with three ‘fact sheets’ directed to parents, physicians, and schools.