GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 647
|
Short Title: Epi Pens in All Child‑Serving Businesses. |
(Public) |
|
|
Sponsors: |
Representatives McGrady, Avila, Stevens, and Glazier (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
|
|
Referred to: |
Health. |
|
April 14, 2015
A BILL TO BE ENTITLED
AN ACT authorizing health care providers to prescribe, and pharmacists to dispense, epinephrine auto‑injectors to authorized child‑serving entities other than schools for the emergency treatment of anaphylaxis.
The General Assembly of North Carolina enacts:
SECTION 1. Article 1B of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑21.15A. Emergency treatment using epinephrine auto‑injector; immunity.
(a) Definitions. The following definitions apply in this section:
(1) Administer. The direct application of an epinephrine auto‑injector to the body of an individual.
(2) Authorized entity. Any entity or organization, other than a school described in G.S. 115C‑375.2A, at which allergens capable of causing anaphylaxis may be present, including, but not limited to, recreation camps, colleges, universities, day care facilities, youth sports leagues, amusement parks, restaurants, places of employment, and sports arenas.
(3) Epinephrine auto‑injector. A single‑use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(4) Health care provider. A health care provider licensed to prescribe drugs under the laws of this State.
(5) Provide. To supply one or more epinephrine auto‑injectors to an individual.
(b) Prescribing to Authorized Entities Permitted. A health care provider may prescribe epinephrine auto‑injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and health care providers may dispense epinephrine auto‑injectors pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this section shall be valid for no more than two years.
(d) Use of Epinephrine Auto‑Injectors by Authorized Entities. An employee or agent of an authorized entity or other individual may use epinephrine auto‑injectors prescribed pursuant to G.S. 90‑726.1 to do any of the following:
(1) Provide an epinephrine auto‑injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto‑injector or has previously been diagnosed with an allergy.
(2) Administer an epinephrine auto‑injector 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 auto‑injector or has previously been diagnosed with an allergy.
(e) Mandatory Training Program. Designated employees or agents of authorized entities described in subsection (c) of this section shall complete an anaphylaxis training program. The training shall be conducted by (i) a physician, physician assistant, or registered nurse licensed to practice in this State; (ii) a nationally recognized organization experienced in training laypersons in emergency health treatment; or (iii) an entity or individual approved by the Department of Health and Human Services. The training may be conducted online or in person, and shall at a minimum include all of the following components:
(1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.
(2) Standards and procedures for the storage and administration of an epinephrine auto‑injector.
(3) Emergency follow‑up procedures.
(f) Immunity. None of the following persons shall be liable for any injuries or related damages that result from any act or omission taken pursuant to this section:
(1) Any authorized entity that voluntarily and without expectation of payment possesses and makes available epinephrine auto‑injectors.
(2) Any employee or agent of an authorized entity, or any other individual, who provides or administers an epinephrine auto‑injector to an individual whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis.
(3) A health care provider that prescribes epinephrine auto‑injectors to an authorized entity.
(4) A pharmacist or health care provider that dispenses epinephrine auto‑injectors to an authorized entity.
(5) Any individual or entity that conducts the training mandated by subsection (e) of this section.
The immunity conferred by this section does not (i) apply to acts or omissions constituting gross negligence, wanton conduct, or intentional wrongdoing or (ii) eliminate, limit, or reduce any other immunity or defense that may be available under State law, including that provided under G.S. 90‑21.14.
(g) Liability for Acts Outside of This State. An authorized entity located in this State shall not be liable under the laws of this State for any injuries or related damages resulting from the provision or administration of an epinephrine auto‑injector outside of this State under either of the following circumstances:
(1) If the authorized entity would not have been liable for such injuries or related damages if the epinephrine auto‑injector had been provided or administered within this State.
(2) If the authorized entity is not liable for such injuries or related damages under the laws of the state in which the epinephrine auto‑injector was provided or administered.
(h) Does Not Constitute Practice of Medicine. The administration of an epinephrine auto‑injector in accordance with this section is not the practice of medicine or any other profession that otherwise requires licensure."
SECTION 2. This act becomes effective October 1, 2015.