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REFERENCE TITLE: epinephrine auto‑injectors; authorized use; entities |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1079 |
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Introduced by Senators Bradley, Cajero Bedford, Ward
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AN ACT
Amending title 36, chapter 21.1, Arizona Revised Statutes, by adding article 4; relating to epinephrine auto‑injectors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 21.1, Arizona Revised Statutes, is amended by adding article 4, to read:
ARTICLE 4. EPINEPHERINE AUTO-INJECTORS
36-2266. Definitions
In this article, unless the context otherwise requires:
1. "Administer" means the direct application of an epinephrine auto‑injector to the body of an individual.
2. "Authorized entity" means any entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including a restaurant, recreation camp, youth sports league, amusement park and sports arena.
3. "Authorized health care provider" means an individual who is authorized by law to prescribe and administer prescription drugs in the course of professional practice.
4. "Epinephrine auto‑injector" means a single‑use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
5. "Provide" means to supply one or more epinephrine auto‑injectors to an individual.
6. "Self‑administration" means a person's discretionary use of an epinephrine auto‑injector on that person.
36-2267. Epinephrine auto‑injectors; authorized use; training; exemption from civil liability
A. Notwithstanding any provision of title 32 to the contrary, an authorized health care provider may prescribe epinephrine auto‑injectors in the name of an authorized entity for use pursuant to this section, and pharmacists and health care providers that are authorized under title 32 to dispense prescription medications may dispense epinephrine auto‑injectors pursuant to a prescription issued in the name of an authorized entity.
B. An authorized entity may acquire and stock a supply of epinephrine auto‑injectors pursuant to a prescription issued pursuant to this section. The epinephrine auto‑injectors must be stored in a location that is readily accessible in an emergency and consistent with the epinephrine auto‑injector's instructions for use and any additional requirements that may be established by the department. An authorized entity shall designate employees or agents who have completed the training required by subsection D of this section to be responsible for the storage, maintenance and general oversight of epinephrine auto‑injectors acquired by the authorized entity.
C. An employee or agent of an authorized entity, or other individual, who has completed the training required by this section may use, on the premises of or in connection with the authorized entity, epinephrine auto‑injectors prescribed pursuant to this section to:
1. Provide an epinephrine auto‑injector to any individual who the employee, agent or other individual believes in good faith is experiencing anaphylaxis for immediate self‑administration, 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, regardless of whether the individual has a prescription for an epinephrine auto‑injector or has previously been diagnosed with an allergy.
D. An employee, agent or other individual designated in subsection B of this section must complete an anaphylaxis training program before providing or administering an epinephrine auto‑injector made available by an authorized entity. The training must be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or another entity or individual approved by the department. The entity that conducts the training shall issue a certificate, on a form developed or approved by the department, to each person who successfully completes the anaphylaxis training program. The training may be conducted online or in person and, at a minimum, must cover:
1. Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.
2. Standards and procedures for the storage and administration of an epinephrine auto-injector.
3. Emergency follow-up procedures.
E. An authorized entity that possesses and makes available epinephrine auto‑injectors shall submit to the department, on a form developed by the department, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine auto‑injector. The department shall annually publish a report that summarizes and analyzes all reports it receives under this subsection.
F. An authorized entity that acquires a stock supply of epinephrine auto‑injectors pursuant to a prescription issued pursuant to this section may make the epinephrine auto‑injectors available to individuals other than those trained individuals described in subsection B of this section if the epinephrine auto‑injectors are stored in a locked, secure container and are made available only on remote authorization by an authorized health care provider after consultation with the authorized health care provider by audio or video communication or another similar means of electronic communication. Consultation with an authorized health care provider for this purpose is not the practice of telemedicine or is not a violation of any law or rule that regulates the authorized health care provider's professional practice.
G. An authorized entity that possesses and makes available epinephrine auto‑injectors and its employees and agents and other trained individuals, an individual who uses an epinephrine auto‑injector made available pursuant to this section, an authorized health care provider that prescribes epinephrine auto‑injectors to an authorized entity and an individual or entity that conducts the training described in subsection D of this section are not liable for any injuries or related damages that result from the administration of, self-administration of or failure to administer an epinephrine auto‑injector pursuant to this section and that may constitute ordinary negligence. This immunity does not apply to acts or omissions that constitute gross negligence, wilful misconduct or intentional wrongdoing. The administration of an epinephrine auto‑injector pursuant to this section is not the practice of medicine. The immunity from liability provided under this subsection is in addition to any civil immunity provided under section 36‑2226. An entity located in this state is not liable for any injuries or related damages that result from the provision or administration of an epinephrine auto‑injector by its employees or agents outside of this state if the entity or its employee or agent would not have been liable for the injuries or related damages had the provision or administration of the epinephrine auto‑injector occurred in this state.