SF 1580

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2015 10:30am

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 an entity or organization, other than a school, as
described in section 121A.2207, approved by the commissioner to obtain and administer
epinephrine auto-injectors without a prescription.
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) "Other individual" means a parent, guardian, or caregiver of a person who may
be experiencing anaphylaxis.
new text end

new text begin (g) "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 shall identify entities or
organizations where allergens capable of anaphylaxis may be present. The commissioner
shall initially identify a list of authorized entities no later than October 1, 2015, and
shall annually review the list for appropriate updates. Entities the commissioner may
consider for authorization include but are not limited to recreation camps, colleges and
universities, day care facilities, youth sports leagues, amusement parks, restaurants, places
of employment, and sports arenas.
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 determined
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 enter into arrangements with manufacturers of
epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market, free, or
reduced prices. A third party, other than a manufacturer or supplier, may pay for an
authorized entity's supply of epinephrine auto-injectors.
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 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 shall not be liable
for any injuries or related damages that result from any act or omission taken pursuant
to this section. This immunity shall not apply to acts or omissions that constitute gross,
willful, or wanton negligence. This section does not eliminate, limit, or reduce any other
immunity or defense that may be available under state law, including that provided
under section 604A.01.
new text end