36-2226.01. Emergency administration of epinephrine; authorized entities; prescriptions; training; immunity; definitions

A. A practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this section is valid for two years.

B. An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The epinephrine auto-injectors shall be stored in a location that is readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use and any additional requirements that may be established by the department. An authorized entity shall designate employees or agents who have completed the training required by subsection D of this section to be responsible for the storage, maintenance, control and general oversight of the epinephrine auto-injectors acquired by the authorized entity.

C. An employee or agent of an authorized entity or another individual who has completed the training required by subsection D of this section may do either 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 to the parent, guardian or caregiver of the 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.

D. An employee, agent or other individual described in subsection B or C of this section shall complete initial anaphylaxis training and, at least every two years thereafter, shall complete subsequent anaphylaxis training. The training shall be conducted by a nationally recognized organization that is experienced in training laypersons in emergency health treatment or an entity or individual approved by the department. The department may approve specific entities or individuals or may approve classes of entities or individuals to conduct this training. Training may be conducted online or in person and, at a minimum, shall cover:

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.

E. The entity that conducts the training required by subsection D of this section shall issue a certificate, on a form developed or approved by the department, to each person who successfully completes the anaphylaxis training.

F. The administration of an epinephrine auto-injector pursuant to this section is not the practice of medicine or any other profession that otherwise requires licensure.

G. A practitioner prescribing epinephrine auto-injectors in the name of an authorized entity, an authorized entity, an employee or agent of an authorized entity and a person or entity that provides training pursuant to subsection D of this section are immune from civil liability with respect to all decisions made and actions or omissions taken that are based on good faith implementation of the requirements of this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

H. The immunity from civil liability provided in subsection G of this section does not affect a manufacturer's product liability regarding the design, manufacturing or instructions for use of an epinephrine auto-injector.

I. An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the department, on a form developed by the department, a report of each incident that occurs on the authorized entity's premises and that involves the administration of an epinephrine auto-injector pursuant to subsection C of this section.

J. For the purposes of this section:

1. " Administer" means the direct application of an epinephrine auto-injector to the body of an individual.

2. " Authorized entity" means any entity or organization in connection with or at which allergens capable of causing anaphylaxis may be present, including recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, restaurants, places of employment and sports arenas.

3. " Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

4. " Practitioner" has the meaning prescribed in section 32-1901.