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Minnesota Legislature

Office of the Revisor of Statutes

SF 1257

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/22/2019 03:00pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to health care; authorizing the use of epinephrine auto-injectors by certain
individuals who complete a training program; amending Minnesota Statutes 2018,
section 144.999.

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

Section 1.

Minnesota Statutes 2018, section 144.999, is amended to read:


144.999 EPINEPHRINE AUTO-INJECTOR.

Subdivision 1.

Definitions.

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

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

(c) "Authorized entity" means entities that fall in the categories of 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 begin (d) "Authorized individual" means an individual who has successfully completed the
training program under subdivision 5.
new text end

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

deleted text begin (e)deleted text endnew text begin (f)new text end "Epinephrine auto-injector" means a single-use device used for the automatic
injection of a premeasured dose of epinephrine into the human bodynew text begin or another epinephrine
delivery system approved by the Food and Drug Administration for public use
new text end.

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

Subd. 2.

Commissioner duties.

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 categories of authorized entities
and may authorize additional categories of authorized entities as the commissioner deems
appropriate. The commissioner may contract with a vendor to perform the review and
identification of authorized entities.

Subd. 3.

Obtaining and storing epinephrine auto-injectors.

(a) Notwithstanding
section 151.37, an authorized entity new text beginor authorized individual new text endmay obtain and possess
epinephrine auto-injectors to be provided or administered to an individual if, in good faith,
an owner, manager, employee, or agent of an authorized entity new text beginor authorized individual
new text end 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.

(b) An authorized entity new text beginor authorized individual new text endmay 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 new text beginor authorized individual new text endmust present to the pharmacy a valid certificate of training
obtained pursuant to subdivision 5.

(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 begin The
authorized individual shall be responsible for the storage, maintenance, and control of
epinephrine auto-injectors obtained and possessed by the authorized individual.
new text end

Subd. 4.

Use of epinephrine auto-injectors.

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

(1) provide an epinephrine auto-injector for immediate administration to an individual
or the individual's parent, legal guardian, or caregiver if the owner, manager, employee, deleted text beginordeleted text end
agentnew text begin,new text end new text beginor the authorized individual new text endbelieves, 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

(2) administer an epinephrine auto-injector to an individual who the owner, manager,
employee, deleted text beginordeleted text end agentnew text begin, or authorized individualnew text end 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.

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

new text begin (c) The possession and administration of an epinephrine auto-injector at a public school
shall be determined by the school district in accordance with sections 121A.2205 to
121A.2207.
new text end

Subd. 5.

Training.

(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, a statewide organization with experience providing training
on allergies and anaphylaxis under the supervision of board-certified allergy medical advisors,
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:

(1) how to recognize signs and 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.

(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.

Subd. 6.

Good samaritan protections.

Any act or omission taken pursuant to this section
bynew text begin any of the following entities or individuals shall be considered emergency care, advice,
or assistance under section 604A.01: (1)
new text end an authorized entity that possesses and makes
available epinephrine auto-injectors and its employees or agentsdeleted text begin,deleted text endnew text begin; (2) an authorized individual
who possesses, makes available, and administers epinephrine auto-injectors; (3)
new text end a pharmacy
or manufacturer that dispenses epinephrine auto-injectors to an authorized entitydeleted text begin,deleted text endnew text begin or
authorized individual;
new text end or new text begin(4) new text endan individual or entity that conducts the training described in
subdivision 5 deleted text beginis considered "emergency care, advice, or assistance" under section 604A.01deleted text end.