36-2229. Emergency administration of inhalers; authorized entities; training; immunity; definitions

A. A physician who is licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner who is licensed pursuant to title 32, chapter 15 may prescribe inhalers and spacers or holding chambers in the name of an authorized entity for use in accordance with this section, and pharmacists may dispense inhalers and spacers or holding chambers pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this section is valid for two years.

B. An authorized entity may acquire and stock a supply of inhalers and spacers or holding chambers pursuant to a prescription issued in accordance with this section. The inhalers shall be stored in a location that is readily accessible in an emergency and in accordance with the inhaler's instructions for use. 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, control and general oversight of the inhalers and spacers or holding chambers acquired by the authorized entity.

C. If an employee or agent of an authorized entity or another individual who has completed the training required by subsection D of this section believes in good faith that an individual is experiencing respiratory distress, the employee, agent or other individual may provide and administer an inhaler to that individual or may provide an inhaler to the parent, guardian or caregiver of that individual, for immediate administration, regardless of whether the individual who is believed to be experiencing respiratory distress has a prescription for an inhaler and spacer or holding chamber or has previously been diagnosed with a condition requiring an inhaler.

D. An employee, agent or other individual described in subsection B or C of this section shall complete initial training for the use of inhalers and, at least every two years thereafter, shall complete subsequent training. The training shall be conducted by a nationally recognized organization that is experienced in training laypersons in emergency health treatment. Training may be conducted online or in person and, at a minimum, shall cover:

1. How to recognize signs and symptoms of respiratory distress.

2. Standards and procedures for the storage and administration of an inhaler.

3. Emergency follow-up procedures after the administration of an inhaler.

E. The organization that conducts the training required by subsection D of this section shall issue a certificate to each person who successfully completes the training.

F. The administration of an inhaler pursuant to this section is not the practice of medicine or any other profession that otherwise requires licensure.

G. Physicians licensed pursuant to title 32, chapter 13 or 17 and nurse practitioners licensed pursuant to title 32, chapter 15 who prescribe an inhaler and spacer or holding chamber in the name of an authorized entity, authorized entities and employees and agents of authorized entities that provide or administer inhalers and organizations that provide training pursuant to subsection D of this section are immune from civil liability with respect to all decisions made and actions or omissions taken that are based on good faith implementation of the requirements of this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

H. The immunity from civil liability provided in subsection G of this section does not affect a manufacturer's product liability regarding the design, manufacturing or instructions for use of an inhaler and spacer or holding chamber.

I. An authorized entity may accept monetary donations to purchase inhalers and spacers or holding chambers and may accept donations of inhalers and spacers or holding chambers directly from the product manufacturer.

J. For the purposes of this section:

1. "Authorized entity" means any entity or organization in connection with or at which allergens capable of causing respiratory distress symptoms may be present, including recreation camps, day care facilities, private schools, preschools, youth sports leagues, amusement parks, restaurants and sports arenas.

2. "Bronchodilator" means albuterol or another short-acting bronchodilator that is approved by the United States food and drug administration to treat respiratory distress.

3. "Inhaler" means a device that delivers a bronchodilator to alleviate symptoms of respiratory distress, that is manufactured in the form of a metered-dose inhaler or dry-powder inhaler and that includes a spacer or holding chamber that attaches to the inhaler to improve the delivery of the bronchodilator.

4. "Respiratory distress" includes the perceived or actual presence of coughing, wheezing or shortness of breath.