1Permitting certain establishments to obtain a prescription for
2and maintain epinephrine kits; requiring the Department of
3Health to adopt regulations for the approval of certain
4training programs relating to the possession and
5administration of epinephrine in emergency situations; and
6limiting liability.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Epinephrine
11Kit Maintenance and Emergency Administration Standards Act.

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Department." The Department of Health of the Commonwealth.

17"Emergency situation." A circumstance where an individual
18experiences, or appears to experience, a severe or allergic
19reaction, including anaphylaxis, that requires the
20administration of epinephrine to avoid serious injury or death

1and where a certified or licensed health care provider
2authorized to administer epinephrine is not reasonably
3available.

4Section 3. Prescription and maintenance of epinephrine kit for
5emergency situations.

6(a) General rule.--An establishment that serves food may,
7through a valid prescription from a licensed physician, obtain
8and maintain an epinephrine kit consisting of one or more doses
9of epinephrine to be administered by auto-injector.

10(b) Location.--The epinephrine kit shall be maintained in a
11secure location.

12(c) Training.--The individual administering the epinephrine
13must have completed a training program established by the
14department in accordance with section 5.

15Section 4. Administration of epinephrine in emergency
16situations.

17(a) Administration.--Epinephrine from an epinephrine kit
18prescribed under section 3 shall be administered only in an
19emergency situation when the individual administering the
20epinephrine reasonably believes that the signs and symptoms of
21an anaphylactic reaction are occurring.

22(b) Liability.--When an individual who has completed a
23mandatory training program in accordance with section 3
24administers an epinephrine auto-injector to an individual in an
25emergency situation, the establishment providing the epinephrine
26auto-injector, the establishment's employees and agents and the
27physician providing standing protocol or prescription for the
28epinephrine auto-injector, shall not be liable, except for
29willful and wanton conduct, for any injury arising from the use
30of the epinephrine auto-injector regardless of whether the

1individual exhibiting the allergic or anaphylactic reaction, or
2the parents or guardian of the individual, have provided
3authorization.

4Section 5. Duties of department.

5(a) Regulations.--The department shall promulgate
6regulations for the establishment of training programs for the
7administration of epinephrine.

8(b) Training program requirements.--The training program for
9the administration of epinephrine shall include training in the
10following:

11(1) recognizing the symptoms of severe asthmatic or
12allergic reactions, including anaphylaxis;

13(2) standards and procedures for the storage of
14epinephrine; and

15(3) emergency follow-up procedures.

16Section 6. Applicability.

17This act shall not apply to:

18(1) An individual who is otherwise authorized under law
19to administer epinephrine.

20(2) An individual who has a prescription for epinephrine
21for personal use.

22(3) Public or private schools.

23Section 7. Effective date.

24This act shall take effect immediately.