PRINTER'S NO. 701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
709
Session of
2015
INTRODUCED BY SMITH, BLAKE, COSTA, TEPLITZ, FONTANA,
TARTAGLIONE, RAFFERTY AND BROWNE, APRIL 8, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 8, 2015
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
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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 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) General rule.--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 shall not be liable, except for
willful and wanton conduct, for any injury arising from the use
of the epinephrine auto-injector regardless of whether the
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individual exhibiting the allergic or anaphylactic reaction or
the parents or guardians of the individual has 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.
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