BILL REQ. #:  S-3390.1 

Read first time 01/17/14.   Referred to Committee on Health Care .

     AN ACT Relating to good samaritans and life-threatening anaphylaxis; adding a new section to chapter 70.54 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that an estimated fifteen million Americans may now have food allergies. According to the United States centers for disease control and prevention, food allergies among children increased fifty percent between 1997 to 2011, affecting approximately one in every thirteen children. The legislature also finds that food allergens cause thirty percent of fatal cases of anaphylaxis annually and are responsible for three hundred thousand emergency room visits by children under eighteen. The legislature further finds that twenty-four percent of anaphylactic reactions occurred in children with no prior history of life-threatening allergies.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.54 RCW to read as follows:
     (1) As used in this section, "epinephrine autoinjector" means an epinephrine autoinjector of any brand prescribed by a health care provider licensed under chapter 18.71 or 18.57 RCW for the treatment of anaphylaxis.
     (2) A person who uses an epinephrine autoinjector at the scene of an emergency and all other persons and entities providing services under this section are immune from civil liability for any personal injury that results from any act or omission in the use of the epinephrine autoinjector in an emergency setting.
     (3) The immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct.
     (4) The epinephrine autoinjector user shall call 911 or its local equivalent as soon as possible after the emergency use of the epinephrine autoinjector and shall assure that appropriate follow-up data is made available as requested by emergency medical service or other health care providers.