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Introduced Version House Bill 3057 History

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hb3057 intr
H. B. 3057


(By Delegates Lane (By Request) and Porter)
[Introduced
March 16, 2005 ; referred to the
Committee on Health and Human Resources the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-14a, relating to authorizing Emergency Medical Technicians (EMT's) to administer epinephrine to persons suffering from an allergy attack.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-4C-14a, to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-14a. ADMINISTRATION OF EPINEPHRINE.

(a) An Emergency Medical Service provider may acquire and possess epinephrine auto-injector devices in accordance with this section. Emergency Medical Services personnel certified as emergency medical technician-basic or at a higher level of training may carry and administer epinephrine auto-injector devices to treat allergic reaction and anaphylaxis in accordance with this section.
(b) The Office of Emergency Medical Services shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, designed to protect the public health and safety to implement this section. The rules must provide that Emergency Medical Services personnel certified as emergency medical technicians-basic or at a higher level of training may administer an epinephrine auto-injector device to another only if the person has successfully completed a training course, approved by the Office of Emergency Medical Services, in the use of the device that is consistent with the national standard training curriculum for emergency medical technicians.
(c) An Emergency Medical Services provider may acquire, possess, maintain, and dispose of epinephrine auto-injector devices, and Emergency Medical Services personnel certified as emergency medical technicians-basic or at a higher level of training may carry, maintain, administer and dispose of epinephrine auto-injector devices, only in accordance with:
(1) Rules adopted by the Office of Emergency Medical Services under this section; and
(2) A delegated practice agreement that provides for medical supervision by a licensed physician who either:
(A) Acts as a Medical Director for an Emergency Medical Services System or a licensed hospital; or
(B) Has knowledge and experience in the delivery of emergency
care.
(d) Emergency Medical Services personnel who administer epinephrine auto-injector devices to others shall immediately report the use to the physician supervising the activities of the
Emergency Medical Services personnel.
(e) The administration of an epinephrine auto-injector device to another under this section is considered to be the administration of emergency care for the purposes of any statute relating to liability for the provision of emergency care. The administration of an epinephrine auto-injector device to another in accordance with the requirements of this section does not constitute the unlawful practice of any health care profession.
(f) A person otherwise authorized to sell or provide an epinephrine auto-injector device to another may sell or provide the devices to an Emergency Medical Services provider authorized to acquire and possess the devices under this section.
(g) This section does not prevent Emergency Medical Services personnel who are also licensed health care professionals under another health care licensing law and who are authorized to acquire, possess, and administer an epinephrine auto-injector device under the other health care licensing law from acting under the other law.
(h) This section does not impose a standard of care not otherwise required by law.



NOTE: The purpose of this bill is to permit Emergency Medical Technicians to administer epinephrine to patients
to treat allergic reaction and anaphylaxis.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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