HF 1604

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2015 04:00pm

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 entity or organization approved by the commissioner to obtain
and administer epinephrine auto-injectors without a prescription, other than a school as
described in 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.
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 entities
or organizations where individuals may come in contact with allergens capable of causing
anaphylaxis. The commissioner may annually review the list for appropriate updates. The
commissioner may contract with a vendor for these duties.
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 maintained and administered to an individual if, in good faith, it is believed 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) Epinephrine auto-injectors possessed by an authorized entity 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 commissioner. An authorized entity shall designate employees or agents who
have completed the training required in this section to be responsible for the storage,
maintenance, and control of epinephrine auto-injectors acquired by the authorized entity.
new text end

new text begin (c) An authorized entity may obtain epinephrine auto-injectors from pharmacies
licensed as wholesalers pursuant to section 151.44 and may enter into arrangements
with manufacturers of epinephrine auto-injectors to obtain epinephrine auto-injectors at
fair-market, free, or reduced prices. Prior to an authorized entity obtaining an epinephrine
auto-injector, an owner, manager, or otherwise authorized agent of the entity must present
to the pharmacy or manufacturer a valid certificate of training obtained pursuant to
subdivision 5.
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 employee or agent of an
authorized entity who has completed the training required by subdivision 5 may use
epinephrine auto-injectors obtained pursuant to subdivision 3 to:
new text end

new text begin (1) provide an epinephrine auto-injector to any individual or parent, guardian,
or caregiver of such individual, who the employee or agent believes, in good faith, is
experiencing anaphylaxis, for immediate administration, 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 any 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) An employee or agent of an authorized entity must complete
an anaphylaxis training program conducted by a nationally recognized organization
experienced in training laypersons in emergency health treatment or an entity or individual
otherwise approved by the commissioner. The commissioner may approve specific entities
or individuals to conduct training and classes of entities or individuals to conduct training.
Training may be conducted online or in person and, at a minimum, shall 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 that conducts 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.
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