AN ACT

 

1Requiring the Department of Health to adopt regulations for the
2approval of training programs relating to the possession and
3administration of epinephrine in emergency situations;
4authorizing certain individuals to obtain a prescription for,
5purchase and administer epinephrine in emergency situations;
6and limiting 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 Food Allergy
11Emergency 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 allergic
19reaction, including anaphylaxis, that requires the

1administration of epinephrine to avoid serious injury or death
2and where a certified or licensed health care provider
3authorized to administer epinephrine is not reasonably
4available.

5Section 3. Administration of epinephrine in emergency
6situations.

7A person who is 18 years of age or older may obtain a
8prescription for, purchase and, in an emergency situation,
9administer epinephrine by an auto-injector if that person has
10successfully completed a training program approved by the
11department.

12Section 4. Duties of Department of Health.

13(a) Regulations.--The department shall promulgate
14regulations for the establishment of training programs for the
15use of epinephrine auto-injectors.

16(b) Training program requirements.--The training program for
17the use of epinephrine auto-injectors shall include training in
18the following:

19(1) recognizing the symptoms of severe asthmatic or
20allergic reactions, including anaphylaxis;

21(2) standards and procedures for the storage of
22epinephrine auto-injectors; and

23(3) emergency follow-up procedures.

24Section 5. Liability.

25When an individual who has completed a mandatory training
26program in accordance with section 4 administers an epinephrine
27auto-injector to an individual in an emergency situation, the
28public sector entity providing the epinephrine auto-injector,
29the entity's employees and agents and the physician providing
30standing protocol or prescription for the epinephrine auto-


1injector shall not be liable, except for willful and wanton
2conduct, for any injury arising from the use of the epinephrine
3auto-injector regardless of whether the individual exhibiting
4the allergic or anaphylactic reaction, or the parents or
5guardian of the individual, have provided authorization.

6Section 6. Effective date.

7This act shall take effect in 60 days.