BILL REQ. #:  S-4968.1 

Read first time 03/12/14.   Referred to Committee on Health Care .

     AN ACT Relating to authorized health care providers prescribing epinephrine autoinjectors in the name of authorized entities; and adding a new section to chapter 70.54 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.54 RCW to read as follows:
     (1) An authorized health care provider may prescribe epinephrine autoinjectors in the name of an authorized entity for use in accordance with this section, and pharmacists and physicians may dispense epinephrine autoinjectors pursuant to a prescription issued in the name of an authorized entity.
     (2) An authorized entity may acquire and stock a supply of epinephrine autoinjectors pursuant to a prescription issued in accordance with this section. The epinephrine autoinjectors must be stored in a location readily accessible in an emergency and in accordance with the epinephrine autoinjector's instructions for use and any additional requirements that may be established by the department of health. An authorized entity shall designate employees or agents who have completed the training required by subsection (4) of this section to be responsible for the storage, maintenance, and general oversight of epinephrine autoinjectors acquired by the authorized entity.
     (3) An employee or agent of an authorized entity, or other individual, who has completed the training required by subsection (4) of this section may, on the premises of or in connection with the authorized entity, use epinephrine autoinjectors prescribed pursuant to subsection (1) of this section to:
     (a) Provide an epinephrine autoinjector 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 autoinjector or has previously been diagnosed with an allergy.
     (b) Administer an epinephrine autoinjector 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 autoinjector or has previously been diagnosed with an allergy.
     (4)(a) An employee, agent, or other individual described in subsection (3) of this section must complete an anaphylaxis training program prior to providing or administering an epinephrine autoinjector 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 an entity or individual approved by the department of health. Training may be conducted online or in person and, at a minimum, must cover:
     (i) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
     (ii) Standards and procedures for the storage and administration of an epinephrine autoinjector; and
     (iii) Emergency follow-up procedures.
     (b) The entity that conducts the training shall issue a certificate, on a form developed or approved by the department of health, to each person who successfully completes the anaphylaxis training program.
     (5) An authorized entity that possesses and makes available epinephrine autoinjectors and its employees, agents, and other trained individuals; a person that uses an epinephrine autoinjector made available pursuant to subsection (7) of this section; an authorized health care provider that prescribes epinephrine autoinjectors to an authorized entity; and an individual or entity that conducts the training described in subsection (4) of this section is not liable for any injuries or related damages that result from the administration or self-administration of an epinephrine autoinjector, the failure to administer an epinephrine autoinjector, or any other act or omission taken pursuant to this section: PROVIDED, However, this immunity does not apply to acts or omissions constituting gross negligence or willful or wanton misconduct. The administration of an epinephrine autoinjector in accordance with this section is not the practice of medicine. This section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under RCW 4.24.300. 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 autoinjector by its employees or agents outside of this state if the entity or its employee or agent (a) would not have been liable for the injuries or related damages had the provision or administration occurred within this state, or (b) are not liable for the injuries or related damages under the law of the state in which the provision or administration occurred.
     (6) An authorized entity that possesses and makes available epinephrine autoinjectors shall submit to the department of health, on a form developed by the department of health, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine autoinjector. The department of health shall annually publish a report that summarizes and analyzes all reports submitted to it under this subsection.
     (7) An authorized entity that acquires a stock supply of epinephrine autoinjectors pursuant to a prescription issued in accordance with this section may make the epinephrine autoinjectors available to individuals other than those trained individuals described in subsection (3) of this section, and the individuals may administer the epinephrine autoinjector to any individual believed in good faith to be experiencing anaphylaxis, if the epinephrine autoinjectors are stored in a locked, secure container and are made available only upon remote authorization by an authorized health care provider after consultation with the authorized health care provider by audio, televideo, or other similar means of electronic communication. Consultation with an authorized health care provider for this purpose may not be considered the practice of telemedicine or otherwise be construed as violating any law or rule regulating the authorized health care provider's professional practice.
     (8) As used in this section:
     (a) "Administer" means the direct application of an epinephrine autoinjector to the body of an individual.
     (b) "Authorized entity" means any entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including, but not limited to, restaurants, recreation camps, youth sports leagues, amusement parks, and sports arenas: PROVIDED, However, a school described in RCW 28A.210.383 is an authorized entity for purposes of subsection (7) of this section only.
     (c) "Authorized health care provider" means an individual allowed by law to prescribe and administer prescription drugs in the course of professional practice.
     (d) "Epinephrine autoinjector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
     (e) "Provide" means the supply of one or more epinephrine autoinjectors to an individual.
     (f) "Self-administration" means a person's discretionary use of an epinephrine autoinjector.