SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 2648 History

OTHER VERSIONS  -  Committee Substitute  |  HB2648 SUB ENR 2  |  Enrolled Committee Substitute  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
ole.gif

H. B. 2648

 

                        (By Delegates Pasdon, Stansbury, Ellington, Statler, Kurcaba,

                                        Householder, Fleischauer and Rohrbach)


                        [Introduced February 6, 2015; 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 article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all relating to allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency treatment during anaphylactic reactions.

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 §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all to read as follows:

ARTICLE 46. EPINEPHRINE AUTO-INJECTOR AVAILABILITY AND USE.

§16-46-1. Definitions.

            As used in this article the term:

            "Administer" means to directly apply an epinephrine auto-injector to the body of an individual.

            "Authorized entity" means an entity or organization at or in connection with which allergens capable of causing a severe allergic reaction may be present. The term includes, but is not limited to, hotels, restaurants, recreation camps, youth sports leagues, parks and resorts and sports arenas.

            "Authorized health care practitioner" means an allopathic physician licensed to practice pursuant to the provisions of article three, chapter thirty of this code and an osteopathic physician licensed to practice pursuant to the provisions of article fourteen, chapter thirty of this code.

            "Department" means the Department of Health and Human Resources.

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

            "Self-administration" means an individual's discretionary administration of an epinephrine auto-injector on herself or himself.

§16-46-2. Purpose; authority.

            (a) The purpose of this article is to provide a way for lifesaving treatment to be made available for persons who have severe allergic adverse reactions when a physician is not immediately available by making epinephrine auto-injectors available.

            (b) The department may:

            (1) Adopt interpretive and procedural rules and propose legislative rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to administer this article;

            (2) Conduct educational training programs as described in section three of this article, and approve programs conducted by other persons or governmental agencies;

            (3) Issue and renew certificates of training to persons who have complied with this article and the department's rules;

            (4) Impose and collect reasonable fees necessary to administer this article.

§16-46-3. Educational training programs; certificates.

            (a) Educational training programs conducted under this article must be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the department licensed to practice medicine in this state. The curriculum must include at a minimum:

            (1) Recognition of the symptoms of systemic reactions to food, insect stings and other allergens; and

            (2) The proper administration of an a subcutaneous injection of epinephrine auto-injector.

            (b) A certificate of training may be given to a person who:

            (1) Is at least eighteen years of age;

            (2) Has, or reasonably expects to have, responsibility for or contact with at least one other person who has severe adverse reactions to insect stings as a result of his or her occupational or volunteer status, including, but not limited to, a camp counselor, scout leader, school teacher, forest ranger, tour guide or chaperone;

            (3) Has successfully completed an educational training program as described in subsection (a) of this section; and

            (4) Pays the application fee imposed, if any.

            (c) A certificate issued pursuant to this section authorizes the holder thereof to receive, upon presentment of the certificate, from any physician licensed in this state or from the department, a prescription for premeasured doses of epinephrine auto-injectors from an authorized health care practitioner or the department and the necessary paraphernalia for administration. The certificate also authorizes the holder to possess and administer, in an emergency situation when a physician is not immediately available, to possess and administer a prescribed epinephrine auto-injector to a person experiencing suffering a severe allergic adverse reaction to an insect sting.

§16-46-4. Prescriptive authority for epinephrine auto-injectors; emergency administration.

            (a) An allopathic physician licensed to practice pursuant to the provisions of article three, chapter thirty of this code or an osteopathic physician licensed to practice pursuant to the provisions of article fourteen, chapter thirty of this code may prescribe within the course of his or her professional practice standing orders and protocols for use when necessary by an authorized entity designated by the department which wishes to maintain epinephrine auto-injector. Pharmacists may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.

            (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 must be stored in accordance with the epinephrine auto-injector's instructions for use and with any additional requirements that may be established by the department. An authorized entity shall designate employees or agents who hold a certificate issued pursuant to section three of this article to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity.

            (c) An individual who holds a certificate issued pursuant to section three of this article may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors prescribed pursuant to subsection (a) of this section to:

            (1) Provide an epinephrine auto-injector to a person who the certified individual in good faith believes is experiencing a severe allergic reaction for that person's immediate self-administration, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; and

            (2) Administer an epinephrine auto-injector to a person who the certified individual in good faith believes is experiencing a severe allergic reaction, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

            (d) An authorized entity that acquires a stock supply of epinephrine auto-injectors pursuant to a prescription issued by an authorized health care practitioner in accordance with this section may make the auto-injectors available to individuals other than certified individuals identified in subsection (c) of this section who may administer the auto-injector to a person believed in good faith to be experiencing a severe allergic reaction if the epinephrine auto-injectors are stored in a locked, secure container and are made available only upon remote authorization by an authorized health care practitioner after consultation with the authorized health care practitioner by audio, televideo, or other similar means of electronic communication. Consultation with an authorized health care practitioner for this purpose is not considered the practice of telemedicine or otherwise construed as violating any law or rule regulating the authorized health care practitioner's professional practice.

§16-46-5. Not practice of medicine; limits on liability.

            (a) The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine.

            (b) Any authorized health care practitioner who prescribes epinephrine auto-injectors to an authorized entity or to an individual that holds a certificate issued pursuant to section three of this article; any authorized entity that possesses and makes available epinephrine auto-injectors; any individual who holds a certificate issued pursuant to section three of this article; any noncertified individual under subsection (d), section four of this article; and any person that conducts the training under section three of this article is not liable for civil damages that result from the administration or self-administration of an epinephrine auto-injector, the failure to administer an epinephrine auto-injector, or any other act or omission committed, in good faith, pursuant to this section or section three of this article.

            (c) An authorized entity doing business in this state is not liable for injuries or related damages that result from the provision or administration of an epinephrine auto-injector by its employees or agents outside this state if the entity or its employees or agents would not have been liable for such injuries or related damages had the provision or administration occurred within this state, or would not have been liable under the law of the state in which such provision or administration occurred.

            (d) An individual employed by an authorized entity who administers an epinephrine auto-injection to a person as provided in this section is immune from liability for any civil action arising out of an act or omission resulting from the administration of the epinephrine auto-injection unless the act or omission was the result of the individual’s gross negligence or willful misconduct.

            (e) This section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including the immunity provided under section fifteen, article seven chapter fifty-five of this code.


            NOTE: The purpose of this bill is to allow authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency treatment during anaphylactic reactions.


            This article is new; therefore, it has been completely underscored.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print