Bill Text: HI SB2701 | 2014 | Regular Session | Introduced
Bill Title: Epinephrine Auto-Injectors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-21 - Referred to HTH, WAM. [SB2701 Detail]
Download: Hawaii-2014-SB2701-Introduced.html
|
THE SENATE |
S.B. NO. |
2701 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to epinephrine Auto-injectors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Life-saving allergy medication; stock supply of epinephrine auto-injectors; emergency administration. (a) Notwithstanding any law to the contrary, an authorized health care provider may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section. Pharmacists and authorized health care providers may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.
(b) Notwithstanding any law to the contrary, an authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. Such epinephrine auto-injectors shall be stored in a location that is 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 health. An authorized entity shall designate employees or agents who have completed the training required by subsection (d) to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
(c) An employee or agent of an authorized entity or other individual who has completed the training required by subsection (d) may, on the premises of, or in connection with, the authorized entity, use epinephrine auto-injectors prescribed pursuant to subsection (a) to:
(1) Provide an epinephrine auto-injector to any individual whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; or
(2) Administer an epinephrine auto-injector to any individual whom 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.
(d) An employee, agent, or other individual described in subsection (c) shall complete an anaphylaxis training program prior to providing or administering an epinephrine auto-injector made available by an authorized entity and at least every two years following completion of the initial anaphylaxis training program. 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 health. Training may be conducted online or in person and, at a minimum, shall cover:
(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
(2) Standards and procedures for the storage and administration of an epinephrine auto-injector; and
(3) Emergency follow-up procedures.
The entity that conducts the training shall issue a certificate, on a form developed or approved by the department of health, to each person who successfully completes the anaphylaxis training program.
(e) An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other trained individuals; persons who use an epinephrine auto-injector made available pursuant to subsection (g); authorized health care providers who prescribe epinephrine auto-injectors to an authorized entity; and individuals or entities conducting the training described in subsection (d) shall not be liable for any civil damages arising from the administration of, self-administration of, or failure to administer an epinephrine auto-injector or any other act or omission taken pursuant to this section; provided that this immunity shall not apply to gross negligence or wanton acts or omissions. The administration of an epinephrine auto-injector pursuant to this section shall not be considered the practice of medicine. This section shall not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including section 663-1.5. An authorized entity located in this State shall not be liable for any injuries or related damages resulting from the provision or administration of an epinephrine auto-injector by its employees or agents outside of this State if the authorized entity or its employee or agent:
(1) Would not have been liable for such injuries or related damages had the provision or administration occurred within this state; or
(2) Is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.
(f) An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the department of health, on a form developed by the department of health, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine auto-injector. The department of health shall annually publish a report that summarizes and analyzes all reports submitted to it pursuant to this subsection.
(g) An authorized entity that acquires a stock supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section may make such epinephrine auto-injectors available to individuals other than those trained individuals described in subsection (c), and such individuals may administer an epinephrine auto-injector to any individual believed in good faith to be experiencing anaphylaxis, if the epinephrine auto-injectors are stored in a locked, secure container and are made available only upon remote authorization by an authorized health care provider after consultation with the authorized health care provider by audio, tele-video, or other similar means of electronic communication. Consultation with an authorized health care provider for this purpose shall not be considered the practice of telemedicine or otherwise be construed as a violation any law or rule regulating the authorized health care provider's professional practice.
(h) As used in this section:
"Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
"Authorized entity" means 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; provided that a school as defined in section 302A-901 shall only be considered an authorized entity for the purposes of subsection (g).
"Authorized health care provider" means an individual licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the person's practice.
"Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
"Self-administration" means a person's discretionary use of an epinephrine auto-injector."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Epinephrine Auto-Injectors
Description:
Authorizes the prescription and stocking of epinephrine auto-injectors by authorized entities. Includes provisions for their use.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
