SS/SCS/SB 26 - This act allows a physician to prescribe epinephrine (EPI) auto-injectors in the name of an authorized entity for use in certain emergency situations, and pharmacists, physicians, and other persons authorized to dispense prescription medications may dispense EPI auto-injectors under a prescription issued in the name of an authorized entity. An "authorized entity", is defined as any entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including but not limited to restaurants, recreation camps, youth sports leagues, amusement parks, and sports arenas.
This act allows such authorized entities to acquire and stock a supply of EPI auto-injectors under a prescription issued in accordance with the provisions of the act. An employee or agent of an authorized entity or any other person who has completed the required training shall be allowed to use the EPI auto-injector on the premises of or in connection with the authorized entity to provide it to any individual who the employee, agent or other person believes in good faith is experiencing anaphylaxis regardless of whether the individual has a prescription for it or has been previously diagnosed with an allergy. The employee or agent shall not administer or provide the auto-injector to a child who is twelve years of age or younger without the consent of a parent or guardian unless the child is in imminent danger without the use of the auto-injector.
The act specifies the required training and the procedures for making the EPI auto-injectors available to individuals other than trained persons so long as the auto-injectors are stored in a locked secure container and in accordance with the manufacturer's specifications. The act also delineates the procedures for authorized entities reporting each incident involving use of the EPI auto-injectors to the Department of Health and Senior Services.
This act exempts certain persons and entities from liability for any injuries or related damages that result from the administration of, self-administration of, or failure to administer an EPI auto-injector in accordance with the provisions of the act that may constitute ordinary negligence. The immunity shall not apply to acts or omissions constituting reckless disregard for the safety of others, willful negligence, or wanton negligence and shall be in addition to and not in lieu of protections provided under the Good Samaritan emergency law. Also, the administration of the EPI auto-injector under this act shall not constitute the practice of medicine.
This act is substantially similar to HB 96 (2015) and similar to SB 868 (2014) and HB 1568 (2014).