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SF 1580

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 09/16/2015 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to health; requiring commissioner of health to develop a list of authorized
entities; allowing certain individuals to obtain and administer epinephrine without
a prescription; proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.999] LIFE-SAVING ALLERGY MEDICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Administer" means the direct application of an epinephrine auto-injector to
the body of an individual.
new text end

new text begin (c) "Authorized entity" means recreation camps, colleges and universities,
preschools and daycares, and any other category of entities or organizations that the
commissioner authorizes to obtain and administer epinephrine auto-injectors without a
prescription. This definition does not include a school covered under section 121A.2207.
new text end

new text begin (d) "Commissioner" means the commissioner of health.
new text end

new text begin (e) "Epinephrine auto-injector" means a single-use device used for the automatic
injection of a premeasured dose of epinephrine into the human body.
new text end

new text begin (f) "Provide" means to supply one or more epinephrine auto-injectors to an
individual or the individual's parent, legal guardian, or caretaker.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner duties. new text end

new text begin The commissioner may identify additional
categories of entities or organizations to be authorized entities if the commissioner
determines that individuals may come in contact with allergens capable of causing
anaphylaxis. Beginning July 1, 2016, the commissioner may annually review the list
of authorized entities and authorize additions to the list as the commissioner deems
appropriate. The commissioner may contract with a vendor to perform the review and
identification of authorized entities.
new text end

new text begin Subd. 3. new text end

new text begin Obtaining and storing epinephrine auto-injectors. new text end

new text begin (a) Notwithstanding
section 151.37, an authorized entity may obtain and possess epinephrine auto-injectors to
be provided or administered to an individual if, in good faith, an employee or agent of
an authorized entity believes that the individual is experiencing anaphylaxis regardless
of whether the individual has a prescription for an epinephrine auto-injector. The
administration of an epinephrine auto-injector in accordance with this section is not the
practice of medicine.
new text end

new text begin (b) An authorized entity may obtain epinephrine auto-injectors from pharmacies
licensed as wholesale drug distributors pursuant to section 151.47. Prior to obtaining an
epinephrine auto-injector, an owner, manager, or authorized agent of the entity must
present to the pharmacy a valid certificate of training obtained pursuant to subdivision 5.
new text end

new text begin (c) An authorized entity shall store epinephrine auto-injectors 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
commissioner. An authorized entity shall designate employees or agents who have
completed the training program required under subdivision 5 to be responsible for the
storage, maintenance, and control of epinephrine auto-injectors obtained and possessed
by the authorized entity.
new text end

new text begin Subd. 4. new text end

new text begin Use of epinephrine auto-injectors. new text end

new text begin (a) An owner, manager, employee, or
agent of an authorized entity who has completed the training required under subdivision 5
may:
new text end

new text begin (1) provide an epinephrine auto-injector for immediate administration to an
individual or the individual's parent, legal guardian, or caregiver if the employee or agent
believes, in good faith, the individual is experiencing anaphylaxis, regardless of whether
the individual has a prescription for an epinephrine auto-injector or has previously been
diagnosed with an allergy; or
new text end

new text begin (2) administer an epinephrine auto-injector to an individual who the employee
or agent 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.
new text end

new text begin (b) Nothing in this section shall be construed to require any authorized entity to
maintain a stock of epinephrine auto-injectors.
new text end

new text begin Subd. 5. new text end

new text begin Training. new text end

new text begin (a) In order to use an epinephrine auto-injector as authorized
under subdivision 4, an individual must complete, every two years, an anaphylaxis
training program conducted by a nationally recognized organization experienced in
training laypersons in emergency health treatment or an entity or individual approved by
the commissioner to provide an anaphylaxis training program. The commissioner may
approve specific entities or individuals to conduct the training program or may approve
categories of entities or individuals to conduct the training program. Training may be
conducted online or in person and, at a minimum, must cover:
new text end

new text begin (1) how to recognize signs and symptoms of severe allergic reactions, including
anaphylaxis;
new text end

new text begin (2) standards and procedures for the storage and administration of an epinephrine
auto-injector; and
new text end

new text begin (3) emergency follow-up procedures.
new text end

new text begin (b) The entity or individual conducting the training shall issue a certificate to each
person who successfully completes the anaphylaxis training program. The commissioner
may develop, approve, and disseminate a standard certificate of completion. The
certificate of completion shall be valid for two years from the date issued.
new text end

new text begin Subd. 6. new text end

new text begin Good samaritan protections. new text end

new text begin Any act or omission taken pursuant to
this section by an authorized entity that possesses and makes available epinephrine
auto-injectors and its employees or agents, a pharmacy or manufacturer that dispenses
epinephrine auto-injectors to an authorized entity, or an individual or entity that conducts
the training described in subdivision 5 is considered "emergency care, advice, or
assistance" under section 604A.01.
new text end