SENATE BILL REPORT

SB 5291

As of February 10, 2015

Title: An act relating to authorized health care providers prescribing epinephrine autoinjectors in the name of authorized entities.

Brief Description: Allowing authorized health care providers to prescribe epinephrine autoinjectors.

Sponsors: Senators Mullet, Dammeier, Keiser, Chase, Angel, Miloscia and Hobbs.

Brief History:

Committee Activity: Health Care: 2/10/15.

Staff: Evan Klein (786-7483)

Background: An epinephrine autoinjector (epi-pen) is a medical device used to deliver a single dose of epinephrine or adrenaline. Most epi-pens are spring-loaded syringes used for the treatment of acute allergic reactions to avoid or treat the onset of anaphylactic shock. Anaphylactic shock is a serious allergic reaction with rapid onset and may cause death. Common causes include insect bites or stings, foods, and medications. Common symptoms include an itchy rash, throat swelling, and low blood pressure.

School districts and nonpublic schools may maintain at a school, in a designated location, a supply of epi-pens. A licensed health professional with the authority to prescribe epi-pens may prescribe epi-pens in the name of the school district or school to be maintained for use when necessary.

Summary of Bill: A health care provider authorized to prescribe epinephrine may prescribe epi-pens in the name of an authorized entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including restaurants, camps, youth sports leagues, amusement parks and sports arenas. An authorized entity may acquire and stock a supply of epi-pens to be stored in a location readily accessible in an emergency and in accordance with requirements established by the Department of Health (DOH). An employee or agent must be designated to complete training requirements and be responsible for the storage, maintenance, and oversight of the epi-pens.

Epi-pens may be administered to any individual who the trained employee, agent, or other individual believes, in good faith, is experiencing anaphylaxis, for self-administration, regardless of whether the individual has a prescription for an epi-pen or has been previously diagnosed with an allergy. The person administering the epi-pen must complete a nationally recognized anaphylaxis training program prior to administering any epi-pens. The entity that conducts the training must issue a certificate, on a form developed or approved by DOH, to each person who successfully completes the training program.

Authorized entities that possess and make available epi-pens, persons that use epi-pens made available, authorized health care providers that prescribe epi-pens to authorized entities, and individuals that conduct the appropriate training are not liable for any injuries or damages that result from the administration of an epi-pen or the failure to administer an epi-pen. However, the immunity does not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.

An authorized health care provider may also remotely authorize the administration of an epi-pen by an individual who is not trained to administer an epi-pen to an individual that is believed, in good faith, to be experiencing anaphylaxis, if the health care provider is consulted by audio, televideo, or similar electronic means first.

Authorized entities that possess epi-pens must submit to DOH, a report of each incident that requires the administration of an epi-pen on the entities' premises.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This is a simple bill that lets someone get training and a certification to stock and administer epi-pens to help provide more children access to epinephrine.

Persons Testifying: PRO: Senator Mullet, prime sponsor.