COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 6

(By Senators Stollings, Jenkins, Kessler (Mr. President), Miller, D. Facemire, Plymale, Foster and Kirkendoll)

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[Originating in the Committee on Health and Human Resources;

reported January 18, 2012.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating generally to the administration of epinephrine in emergency situations; authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine and administer epinephrine in emergency situations; development and approval of certain training programs relating to the administration of epinephrine in emergency situations; granting rule-making authority; addressing applicability of article; and providing for limitations on civil and criminal liability.

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 article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all to read as follows:

CHAPTER 16. PUBLIC HEALTH

ARTICLE 44. USE OF EPINEPHRINE IN EMERGENCY SITUATIONS.

§16-44-1. Definitions.

    As used in this section:

    (a) “Department” means the Department of Health and Human Resources.

    (b) “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.

§16-44-2. Prescription, purchase and administration of epinephrine by a trained individual in an emergency situation.

    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 three, article forty-four, chapter sixteen.

§16-44-3. Approval of training programs.

    (1) The department shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code or propose rules for legislative approval in accordance with the provisions of article three, 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.

§16-44-4. Applicability.

     This article 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.

§16-44-5. Limitations on liability of trained individual.

     An individual, acting in good faith, who has successfully completed a training program approved by the department, shall not be subject to civil liability or criminal prosecution for an act or omission relating to the administration of epinephrine in an emergency situation unless the act or omission was the result of the individual’s gross negligence or wilful misconduct.