HOUSE OF REPRESENTATIVES

H.B. NO.

255

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RElating to emergency allergy treatment.

 

 

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

 

 


SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"321- Emergency allergy treatment; epinephrine auto-injectors; emergency administration. (a)  An authorized health care provider may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section.  Pharmacists and authorized health care providers may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.

(b)  An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section.  Epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use; provided that any additional requirements may be established by the department.  An authorized entity shall designate employees or agents who have completed the training required by subsection (d) to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity.

(c)  An employee or agent of an authorized entity, or other individual, who has completed the training and is validly certified as required by subsection (d) may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors prescribed pursuant to subsection (a) to:

(1) Provide an epinephrine auto-injector to any individual whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; and

(2) Administer an epinephrine auto-injector to any individual whom the employee, agent, or other individual 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.

(d) An employee, agent, or other individual described in subsection (c) shall complete an anaphylaxis training program prior to providing or administering an epinephrine auto-injector.  The training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the department of health.  Training may be conducted online or in person and, at a minimum, shall cover:

(1) Techniques on how to recognize 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.

     The organization, entity, or individual that conducts the training shall issue a certificate, on a form developed or approved by the department, to each person who successfully completes the anaphylaxis training program. This certificate shall be valid for no longer than two years.

(e)  The following entities, organizations, or individuals shall not be liable for any civil damages arising from the administration of, self-administration of, or failure to administer an epinephrine auto-injector or any other act or omission taken pursuant to this section:

(1) An authorized entity that possesses and makes available epinephrine auto-injectors, and its employees, agents, and other trained individuals;

(2) An individual who uses an epinephrine auto-injector made available pursuant to subsection (h);

(3) An authorized health care provider that prescribes epinephrine auto-injectors to an authorized entity; and

(4) An entity, organization, or individual that conducts the training described in subsection (d);

provided that the immunity under this subsection does not apply to gross negligence or wanton acts or omissions.

(f) The administration of an epinephrine auto-injector in accordance with this section shall not constitute the practice of medicine.  This section shall not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under section 663-1.5.  An entity located in this State shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector by its employees or agents outside of this State if the entity or its employee or agent:

(1) Would not have been liable for the injuries or related damages had the provision or administration occurred within this State; or

(2) Is not liable for the injuries or related damages under the law of the state in which the provision or administration occurred.

(g)  An authorized entity that possesses and makes available epinephrine auto-injectors pursuant to this section shall submit to the department, on a form developed by the department, a report of each incident that occurs on the authorized entity's premises or in connection with the authorized entity, that involves the provision or administration of an epinephrine auto-injector.  The department shall annually publish a report that summarizes and analyzes all reports submitted to it pursuant to this subsection.

(h)  An authorized entity that acquires a stock supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section may make epinephrine auto-injectors available to individuals other than those trained individuals described in subsection (c), and the individuals may administer epinephrine auto-injector to any individual believed in good faith to be experiencing anaphylaxis; provided that the epinephrine auto-injectors are stored in a locked and secure container, and are made available only upon remote authorization by an authorized health care provider after consultation with the authorized health care provider by audio, televideo, or other similar means of electronic communication.  Consultation with an authorized health care provider for this purpose shall not be considered the practice of telemedicine or otherwise be construed as violating any law or rule regulating the authorized health care provider's professional practice.

(i) The department may adopt rules, pursuant to chapter 91, as necessary for the purposes of this section.

(j)  As used in this section:

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

"Authorized entity" means any entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including restaurants, recreation camps, youth sports leagues, amusement parks, and sports arenas; provided that a public school, as defined in section 302A-101, is an authorized entity for purposes of subsection (h) only.

"Authorized health care provider" means an individual licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the person's practice.

"Department" means the department of health.

"Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

"Provide" means to supply one or more epinephrine auto-injectors to an individual.

"Self-administration" means an individual's discretionary administration of an epinephrine auto-injector to the individual's own body."

SECTION 2.  New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Emergency Allergy Treatment; Epinephrine Auto-injectors' Emergency Administration

 

Description:

Allows authorized health care providers to prescribe and authorized entities to provide and administer epinephrine auto-injectors in emergencies and under certain conditions without liability.

 

 

 

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