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A01828
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
126
Session of
2017
INTRODUCED BY BAKER, DEAN, DRISCOLL, D. COSTA, PICKETT, ROZZI,
O'BRIEN, JAMES, READSHAW, WATSON, SAYLOR, BARRAR, NEILSON,
MOUL, MURT, STAATS, MILLARD, HELM, PHILLIPS-HILL, GILLEN,
ZIMMERMAN, WARD, TALLMAN, HEFFLEY, LAWRENCE, MARSICO,
B. MILLER, GABLER AND FREEMAN, JANUARY 23, 2017
REFERRED TO COMMITTEE ON HEALTH, JANUARY 23, 2017
AN ACT
Providing for the use of epinephrine auto-injectors by certain
entities and organizations; and conferring powers and
imposing duties on the Department of Health.
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
Auto-Injector Entity 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:
"Administer." The direct application of an epinephrine auto-
injector to the body of an individual.
"Authorized entity." Any entity or organization, other than
a school entity or a nonpublic school under section 1414.2 of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
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School Code of 1949, which has an employee or agent who has
completed the required training and at which allergens capable
of causing anaphylaxis may be present, including, but not
limited to:
(1) recreation camps;
(2) colleges and universities;
(3) day-care facilities;
(4) youth sports leagues;
(5) amusement parks;
(6) restaurants;
(7) places of employment; and
(8) sports arenas.
"Department." The Department of Health of the Commonwealth.
"Epinephrine auto-injector." A single-use device used for
the automatic injection of a premeasured dose of epinephrine
into the human body.
"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by a license,
permit, certificate or registration issued by a Commonwealth
licensing agency or board.
Section 3. Epinephrine auto-injectors for authorized entities.
(a) Prescribing and dispensing.--Notwithstanding any
provision of law to the contrary, a health care practitioner
with prescriptive authority may prescribe epinephrine auto-
injectors in the name of an authorized entity for use in
accordance with this section. Pharmacists and health care
practitioners may dispense epinephrine auto-injectors pursuant
to a prescription issued in the name of an authorized entity.
(b) Supply.--
(1) An authorized entity may acquire and stock a supply
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of epinephrine auto-injectors pursuant to a prescription
issued in accordance with this section. The epinephrine auto-
injectors shall be stored:
(i) in a location readily accessible in an
emergency; and
(ii) in accordance with:
(A) the epinephrine auto-injector's instructions
for use; and
(B) any additional requirements that may be
established by the department.
(2) An authorized entity shall designate employees or
agents who have completed the training required under
subsection (d) to be responsible for the storage,
maintenance, control and general oversight of epinephrine
auto-injectors acquired by the authorized entity.
(c) Use.--An employee or agent of an authorized entity or
other individual associated with the entity who has completed
the training required under subsection (d) may use epinephrine
auto-injectors prescribed under subsection (a) to do any of the
following:
(1) Provide an epinephrine auto-injector for immediate
administration to any individual, or the parent, guardian or
caregiver of the individual, who the employee, agent or other
individual associated with the entity 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.
(2) Administer an epinephrine auto-injector to any
individual who the employee, agent or other individual
believes, in good faith, is experiencing anaphylaxis,
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regardless of whether the individual has a prescription for
an epinephrine auto-injector or has previously been diagnosed
with an allergy.
(d) Training.--
(1) An employee or agent of the authorized entity or
other individual associated with the entity shall complete an
anaphylaxis training program as required by the department.
The training shall be conducted by a nationally recognized
organization experienced in training laypersons in emergency
health treatment, a health care practitioner employed or
contracted by the authorized entity or an entity or
individual approved by the department. The department may
approve specific entities or individuals or may approve
classes of entities or individuals to conduct the training.
Training may be conducted online or in person and, at a
minimum, shall cover:
(i) how to recognize signs and symptoms of severe
allergic reactions, including anaphylaxis;
(ii) standards and procedures for the storage and
administration of an epinephrine auto-injector; and
(iii) emergency follow-up procedures.
(2) The entity or individual that conducts the training
shall issue a certificate, on a form developed or approved by
the department, to each individual who successfully completes
the anaphylaxis training program.
(e) Good Samaritan protections.--
(1) The following shall not be liable for any injuries
or related damages that result from any act or omission taken
under this section:
(i) An authorized entity that possesses and makes
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available epinephrine auto-injectors and its employees,
agents and other individuals associated with the entity;
(ii) a health care practitioner that prescribes or
dispenses epinephrine auto-injectors to an authorized
entity;
(iii) a pharmacist or health care practitioner that
dispenses epinephrine auto-injectors to an authorized
entity; and
(iv) an individual or entity that conducts the
training described under subsection (d).
(2) The immunity provided under paragraph (1) shall not
apply to acts or omissions constituting intentional
misconduct or gross negligence.
(3) The administration of an epinephrine auto-injector
in accordance with this section shall not be considered the
practice of medicine or any other profession that otherwise
requires licensure.
(4) This subsection shall not eliminate, limit or reduce
any other immunity or defense that may be available under
law, including that provided under 42 Pa.C.S. ยง 8332
(relating to emergency response provider and bystander good
Samaritan civil immunity).
(5) An entity located in this Commonwealth shall not be
liable for any injuries or related damages that result from
the provision or administration of an epinephrine auto-
injector outside of this Commonwealth if the entity:
(i) would not have been liable for the injuries or
related damages had the provision or administration
occurred within this Commonwealth; or
(ii) is not liable for the injuries or related
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damages under the law of the state in which the provision
or administration occurred.
Section 4. Effective date.
This act shall take effect in 60 days.
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