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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DP 6-0-1-0 | 3rd Read 29-0-1-0House: ED DPA 12-0-0-0 |
SB1440: epinephrine delivery systems
Sponsor: Senator Werner, LD 4
House Engrossed
Overview
An emergency measure that replaces epinephrine auto-injectors with epinephrine delivery systems throughout statute.
History
An epinephrine auto-injector is a single-use device used for the automatic injection of a premeasured dose of epinephrine into the body. There are multiple statutory references to epinephrine auto-injector, including:
1) A.R.S. § 15-157 allows, pursuant to a standing order issued by specified medical professionals, a trained school district or charter school employee to administer or assist in the administration of epinephrine auto-injectors to a student or adult who is showing signs of anaphylactic shock while at school or a school-sponsored activity.
2) A.R.S. § 15-189.04 requires a charter school governing body to prescribe policies for the emergency administration of epinephrine auto-injectors by a trained employee.
3) A.R.S. § 15-203 instructs the State Board of Education, in consultation with specified entities and individuals, to adopt rules that prescribe training requirements and procedures for the administration, use and request of epinephrine auto-injectors.
4) A.R.S. § 15-341 directs a school district governing board to prescribe policies and procedures to allow pupils who have been diagnosed with anaphylaxis by specified medical professionals to carry and self-administer epinephrine auto-injectors while at school and at school-sponsored activities.
5) A.R.S. § 32-1706 authorizes a licensed optometrist to use epinephrine auto-injectors to counteract an anaphylactic reaction.
6) A.R.S. § 36-2226.01 permits an authorized entity to stock a supply of epinephrine auto-injectors pursuant to a prescription. The epinephrine auto-injectors must be stored in a location that is readily accessible in an emergency. A trained employee or agent of an authorized entity may provide or administer an epinephrine auto-injector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis.
A trained first responder may administer epinephrine injections to a person who they believe in good faith to be experiencing anaphylaxis pursuant to a standing order. A first responder is immune from professional liability and criminal prosecution for any decision made, act or omission or resulting injury if they act with reasonable care and in good faith. Statute does not create a duty to act or standard of care for a first responder to administer an epinephrine injection (A.R.S. § 36-2226.02).
Provisions
1. Replaces epinephrine auto-injectors with epinephrine delivery systems throughout statute. (Sec. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10)
2. Defines epinephrine delivery system as a single-use device or product that contains a premeasured dose of epinephrine and that is approved by the U.S. Food and Drug Administration to prevent or treat a life-threatening allergic reaction. (Sec. 9)
3. Deletes the definition of epinephrine auto-injector. (Sec. 10)
4. Adds that a first responder who is trained in administering epinephrine injections may administer an epinephrine delivery system to a person who they believe in good faith is experiencing anaphylaxis pursuant to a standing order. (Sec. 11)
5. Extends immunity from professional liability and criminal prosecution to first responders who administer epinephrine delivery systems as prescribed. (Sec. 11)
6. Asserts that statute does not create a duty to act or standard of care for a first responder to administer an epinephrine delivery system. (Sec. 11)
7. Makes technical changes. (Sec. 1, 3, 4, 5, 6, 7, 10)
8. Makes conforming changes. (Sec. 9, 10)
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12. SB 1440
13. Initials CH/LN Page 0 House Engrossed
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