Minnesota Session Laws - 2019, Regular Session

CHAPTER 61--S.F.No. 1257

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

deleted text begin (e) deleted text end new 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 body new 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 end new 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 begin or authorized individual new text end may 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 begin or 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 begin or authorized individual new text end 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 new text begin or authorized individual new text end must 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 begin or an authorized individual new text end who 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 begin or deleted text end agent new text begin , new text end new text begin or the authorized individual new text end 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

(2) administer an epinephrine auto-injector to an individual who the owner, manager, employee, deleted text begin or deleted text end agent new text begin , or authorized individual new 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 begin or authorized individual new text end to 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 by new 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 agents deleted text begin , deleted text end new 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 entity deleted text begin , deleted text end new text begin or authorized individual; new text end or new text begin (4) new text end an individual or entity that conducts the training described in subdivision 5 deleted text begin is considered "emergency care, advice, or assistance" under section 604A.01 deleted text end .

Presented to the governor May 22, 2019

Signed by the governor May 22, 2019, 1:50 p.m.