H. B. 3159
(By Delegate Poore)
[Introduced February 16, 2011; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-5a, relating to the development and approval of certain training programs relating to the possession of epinephrine and the administration of epinephrine in emergency situations; and authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine and administer epinephrine in emergency situations.
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 §16-1-5a, to read as follows:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-5a. Use of epinephrine in emergency situations.
(a) Prescription, purchase and administration of epinephrine by a trained individual. –- An individual who is eighteen years of age or older may obtain a prescription for, purchase, and, in an emergency situation, administer epinephrine using an epinephrine auto-injector, if the individual has successfully completed a training program approved by the department under section (b).
(b) Approval of training programs.--
(1) The department shall promulgate rules, as defined in section two, article one, chapter twenty-nine-a of this code, establishing the standards for training programs for the use of epinephrine auto-injectors and the process for approval of such training programs.
(2) The department shall approve an epinephrine auto-injector training program that meets standards established by the department. The standards shall require an epinephrine auto-injector training program to provide training in:
(A) Techniques on how to recognize symptoms of severe asthmatic or allergic reactions, including anaphylaxis;
(B) Standards and procedures for the storage of epinephrine auto-injectors and administration of epinephrine using auto-injectors; and
(C) Emergency follow-up procedures.
(c) Applicability. –- This section does not apply to a person who is authorized under another law to administer epinephrine or to a person who is prescribed epinephrine for personal use.
(d) Liability of certified individual. –- A claim for relief may not be brought against an individual who has successfully completed a training program approved by the department under this section for an act or omission relating to the administration of epinephrine to another individual in an emergency situation if the individual who completed the training program acted in good faith under the authority granted by this section.
(e) Definitions. –- As used in this section:
(1) “Department” means the Department of Health and Human Services;
(2) “Emergency situation” means a circumstance where an individual experiences, or appears to experience, a severe asthmatic or allergic reaction, including anaphylaxis, that requires the administration of epinephrine to avoid severe injury or death and where a certified or licensed health care provider authorized to administer epinephrine is not reasonably available.
NOTE: The purpose of this bill is to authorize certain individuals to obtain a prescription for epinephrine, purchase epinephrine, and administer epinephrine in emergency situations and to authorize the Department of Health and Human Services to promulgate rules for the development of training programs to insure the proper use of epinephrine in these emergency situations.
This section is new; therefore, it has been completely underscored.