HB646 By Representatives Mooney, Melton, Hanes, Whorton (R), Pettus, Fincher, Brown, Nordgren, Boyd, Butler, Weaver, Ledbetter, McCutcheon, Greer, Henry, Johnson (K) and Moore (B) RFD Judiciary Rd 1 07-MAY-15

SYNOPSIS: Under existing law, there are no statutes that address the provision of epinephrine auto-injectors for use by laypersons to administer to an individual experiencing a severe allergic reaction at places where allergens capable of causing anaphylaxis may be present.

This bill would create a program for the provision of single dose epinephrine auto-injectors for use by laypersons to administer to an individual experiencing a severe allergic reaction at places where allergens capable of causing anaphylaxis may be present.

This bill would authorize certain entities to stock epinephrine auto-injectors and to provide training for its employees to administer epinephrine auto-injectors in certain circumstances.

This bill would provide for emergency public access stations to store epinephrine auto-injectors.

This bill would provide immunity from actions resulting from the dispensing of or administration of epinephrine auto-injectors in certain circumstances.

This bill would also authorize the State Board of Health to promulgate rules.

A BILL TO BE ENTITLED AN ACT

Relating to auto-injectible epinephrine; to create a program for the provision of single dose epinephrine auto-injectors for use by laypersons to administer to an individual experiencing a severe allergic reaction at places where allergens capable of causing anaphylaxis may be present; to authorize certain entities to stock epinephrine auto-injectors and to provide training for its employees to administer epinephrine auto-injectors in certain circumstances; to provide for emergency public access stations to store epinephrine auto-injectors; to provide immunity from actions resulting from the dispensing of or administration of epinephrine auto-injectors in certain circumstances; and to authorize the State Board of Health to promulgate rules.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) As used in this section, the following words shall have the following meanings:

(1) ADMINISTER. The direct application of an epinephrine auto-injector to the body of an individual.

(2) AUTHORIZED ENTITY. Any entity or organization other than a K-12 public school subject to Section 16-1-48, Code of Alabama 1975, 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 sport leagues, amusement parks, restaurants, places of employment, and sports arenas.

(3) EPINEPHRINE AUTO-INJECTOR. A single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(4) MEDICAL PRACTITIONER. A physician or other individual licensed under Title 34, Code of Alabama 1975, authorized to treat, use, or prescribe medicine and drugs for sick and injured humans in the state.

(5) PROVIDE. The supply of one or more epinephrine auto-injectors to an individual.

(b) A medical practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and medical providers may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of any authorized entity. A prescription issued pursuant to this section shall be valid for two years.

(c) An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. Epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use and any additional requirements that may be established by the Department of Public Health. An authorized entity shall designate employees or agents who have completed training required by this section to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.

(d) An employee or agent of an authorized entity, or other individual who has completed the training required by this section, may use epinephrine auto-injectors prescribed pursuant to this section to do either of the following:

(1) Provide an epinephrine auto-injector to an individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of the 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.

(2) Administer an epinephrine auto-injector to any individual 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.

(e) An employee, agent, or other individual described in subsection (c) or (d) shall complete an initial anaphylaxis training program and shall complete subsequent training programs at least every two years thereafter. Training 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 of Public Health. The Department of Public Health may approve specific entities or individuals or may approve classes of entities or individuals to conduct training. The entity that conducts the training shall issue a certificate, on a form developed by the Department of Public Health, to each individual who successfully completes the anaphylaxis training program. Training may be conducted online or in person and, at a minimum, shall cover all of the following:

(1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.

(2) Standards and procedures for the storage and administration of an epinephrine auto-injector.

(3) Emergency follow-up procedures.

(f) The following persons shall not be liable for any injuries or related damages that result from any act or omissions taken pursuant to this section, provided, however, this immunity does not apply to acts or omissions constituting unreasonable, reckless, willful, or wanton conduct:

(1) An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other individuals.

(2) A medical practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity.

(3) A pharmacist that dispenses epinephrine auto-injectors to an authorized entity.

(4) An individual or entity that conducts the training described in this section.

(g) The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine, except for licensed health care professionals, nor is it the practice of another profession that otherwise requires licensure. This section does not alter or replace any other immunity or defense that may be available under state law.

(h) An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the Department of Public Health, on a form developed by the Department of Public Health, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine auto-injector pursuant to subsection (c). The Department of Public Health shall annually publish a report that summarizes and analyzes all reports submitted to it under this subsection.

Section 2. (a) For purposes of this section, the following words shall have the following meanings:

(1) EMERGENCY PUBLIC ACCESS STATION or EPAS. A locked, secure container for the storage of epinephrine auto-injectors under the general oversight of a medical practitioner that allows a lay rescuer to consult with a medical practitioner in real time by audio, televideo, or other similar means of electronic communication and, upon authorization of the consulting medical practitioner, may be unlocked to make available the epinephrine auto-injectors.

(2) EPINEPHRINE AUTO-INJECTOR. A single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(3) HEALTH PROFESSIONAL. A physician or other person authorized by applicable law to treat, use, or prescribe medicine and drugs in this state or the state in which the physician or other person is located.

(b) Notwithstanding any provision of Chapter 1 of Title 20 or Chapter 21, 23, or 24 of Title 34, Code of Alabama 1975:

(1) A health care professional may prescribe a stock supply of epinephrine auto-injectors to any entity or organization for storage in an Emergency Public Access Station (EPAS) 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 professional and approved by the State Board of Health.

(2) A health care professional 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 State Board of Health.

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

(c) Any person, including any entity or organization at which an EPAS is located, a health care professional, and any user of an EPAS, who undertakes in good faith any act or omission pursuant to this section shall not be liable for any injuries or related damages that result from any such act or omission; provided, however, this immunity does not apply to acts or omissions constituting unreasonable, reckless, willful, or wanton conduct. This section does not alter or replace any other immunity or defense that may be available under state law. Except for licensed health care professionals, the use of an EPAS in accordance with this section is not the practice of medicine or any other profession that otherwise requires licensure.

(d) The State Board of Health may adopt rules necessary to carry out the provisions of this section.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Epinephrine

Physicians

Pharmacists

Health Care

Health Care Providers

Medicine

Public Health Department

Prescription Drugs

Good Samaritan Law