THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. SMITH, BISHOP, BOBACK, BRIGGS, V. BROWN, CALTAGIRONE, COHEN, D. COSTA, DALEY, DAVIS, DEASY, DeLUCA, FABRIZIO, GEIST, GEORGE, GIBBONS, GILLEN, HALUSKA, HORNAMAN, JOSEPHS, KORTZ, MAHONEY, MILLARD, MURT, QUINN, READSHAW, STABACK, STEVENSON, TALLMAN, THOMAS, WHITE AND YOUNGBLOOD, DECEMBER 7, 2011

REFERRED TO COMMITTEE ON HEALTH, DECEMBER 7, 2011  

AN ACT

Permitting certain establishments to obtain a prescription for

and maintain epinephrine kits; requiring the Department of

Health to adopt regulations for the approval of certain

training programs relating to the possession and

administration of epinephrine in emergency situations; and

limiting liability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Epinephrine

Kit Maintenance and Emergency Administration Standards Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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

"Emergency situation."  A circumstance where an individual

experiences, or appears to experience, a severe or allergic

reaction, including anaphylaxis, that requires the

administration of epinephrine to avoid serious injury or death

and where a certified or licensed health care provider

authorized to administer epinephrine is not reasonably

available.

Section 3.  Prescription and maintenance of epinephrine kit for

emergency situations.

(a)  General rule.--An establishment that serves food may,

through a valid prescription from a licensed physician, obtain

and maintain an epinephrine kit consisting of one or more doses

of epinephrine to be administered by auto-injector.

(b)  Location.--The epinephrine kit shall be maintained in a

secure, locked location.

(c)  Training.--The individual administering the epinephrine

must have completed a training program established by the

department in accordance with section 5.

Section 4.  Administration of epinephrine in emergency

situations.

(a)  Administration.--Epinephrine from an epinephrine kit

prescribed under section 3 shall be administered only in an

emergency situation when the individual administering the

epinephrine reasonably believes that the signs and symptoms of

an anaphylactic reaction are occurring.

(b)  Liability.--When an individual who has completed a

mandatory training  program in accordance with section 3

administers an epinephrine auto-injector to an individual in an

emergency situation, the establishment providing the epinephrine

auto-injector, the establishment's employees and agents and the

physician providing standing protocol or prescription for the

epinephrine auto-injector, are to incur no liability, except for

willful and wanton conduct, as a result of any injury arising

from the use of the epinephrine auto-injector regardless of

whether the individual exhibiting the allergic or anaphylactic

reaction, or the parents or guardian of the individual, have

provided authorization.

Section 5.  Duties of department.

(a)  Regulations.--The department shall promulgate

regulations for the establishment of training programs for the

administration of epinephrine.

(b)  Training program requirements.--The training program for

the administration of epinephrine shall include training in the

following:

(1)  recognizing the symptoms of severe asthmatic or

allergic reactions, including anaphylaxis;

(2)  standards and procedures for the storage of

epinephrine; and

(3)  emergency follow-up procedures.

Section 6.  Applicability.

This act shall not apply to:

(1)  An individual who is otherwise authorized under law

to administer epinephrine.

(2)  An individual who has a prescription for epinephrine

for personal use.

(3)  Public or private schools.

Section 7.  Effective date.

This act shall take effect immediately.