FLOOR BOOK MEMO                              House Committee on the Judiciary

            H. B. 2648                                                      

Prepared by: Kip Reese

            (2/22/2015)                                                     Phone: 304-340-3258

                                                                                    email: kip.reese@wvhouse.gov

SPONSORS: Delegates Pasdon, Stansbury, Ellington, Statler, Kurcaba, Householder, Fleischauer and Rohrbach.

TITLE: Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency.

DATE INTRODUCED: February 6, 2015.

CODE SECTIONS AFFECTED: W.Va. Code §§ 16-46-1 through 5 (new).

IDENTICAL/SIMILAR BILLS: None.

CHAIRMAN’S ANALYSIS: The bill provides a necessary and reasonably safe means of care for emergent situations where an allergic reaction to food, insect venom or other allergen is causing a life threatening allergic reaction, by making epinephrine auto-injectors (known commonly as epipens) available to entities and organizations where allergens may exist (hotels, restaurants, recreation camps, youth sports leagues, parks and resorts and sports arenas). This is not the first time the legislature has dealt with epipens.

In the 2013 Regular Session the Legislature passed HB2729, enacting W.Va. Code § 18-5-22C to permit W.Va. schools (public or private) to possess and maintain a supply of epinephrine auto-injectors (epipens) at the school for emergency care or treatment of anaphylactic reactions

epinephrine -

HB 2648 provides training for emergency administration, and authority to administer epinephrine for emergency care or treatment of anaphylactic reactions anyplace where allergens may be capable of causing a severe allergic reaction. The bill authorizes DHHR to promulgate legislative rules, conduct and approve education training programs, establishes minimum curriculum requirements for that education, provides prescriptive authorized health care practitioners, permits acquisition and maintenance of a supply of epipens, authorizes use of epipens in certain circumstances, and provides that administration of an epipen is not the practice of medicine.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS

A. EXISTING LAW:

►          In the 2013 Regular Session the Legislature passed HB2729, enacting W.Va. Code § 18-5-22C to permit W.Va. schools (public or private) to possess and maintain a supply of epinephrine auto-injectors (epipens) at the school for emergency care or treatment of anaphylactic reactions.

B.        THIS BILL:

►          §16-46-1. Definitions.

            (1)       “Administer” — directly apply epipen to body of an individual;

            (2)       “Authorized entity” — organization or entity where allergens are present that may cause allergic reaction,;

            (3)       “Authorized health care practitioner” — MD or DO;

            (4)       “Department” — DHHR;

            (5)       “Epinephrine auto-injector” single device used for automatic injection of pre-measured dose of epinephrine (referred to within this abstract as “epipen”);

            (6)       “Self-administration” — individual’s discretionary administration of epipen on herself or himself.

►          §16-46-2. Authority.

            (a)       DHHR may propose legislative rules iaw Chapter 29A

►          §16-46-3. Educational training programs.

            (a)       Educational training conducted by recognized organization experienced in training laypersons in emergency health treatment approved by DHHR; curriculum to include at a minimum:

                        (1)       recognizing symptoms of allergic reaction to foods, insect stings and other allergens;

                        (2)       proper administration of epipen;