SB642 (2020) Detail

Relative to the administration of epinephrine.


SB 642-FN - AS AMENDED BY THE SENATE

 

02/06/2020   0313s

2020 SESSION

20-2821

01/10

 

SENATE BILL 642-FN

 

AN ACT relative to the administration of epinephrine.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Sherman, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Chandley, Dist 11

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill clarifies the administration of epinephrine and places the law in a different RSA chapter.

 

This bill is a request of the department of health and human services.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/06/2020   0313s 20-2821

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the administration of epinephrine.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Physicians and Surgeons; Administration of Epinephrine.  Amend RSA 329 by inserting after section 1-e the following new section:

329:1-f  Administration of Epinephrine.

I.  In this section:

(a)  "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.

(b)  "Authorized entity" means any entity or organization in which allergens capable of causing anaphylaxis may be present, including recreation camps and day care facilities.  Authorized entity shall not include an elementary or secondary school or a postsecondary educational institution eligible to establish policies and guidelines for the emergency administration of epinephrine under RSA 200-N.

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

(d)  "Health care practitioner" means a person who is lawfully entitled to prescribe, administer, dispense, or distribute controlled drugs.

(e)  "Provide" means to furnish one or more epinephrine auto-injectors to an individual.

II.  A health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.

III.  An authorized entity may acquire and maintain a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section.  Such epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the instructions for use, and any additional requirements that may be established by board of medicine.  An authorized entity shall designate employees or agents who have completed the training required by paragraph V to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.

IV.  An employee or agent of an authorized entity, or other individual, who has completed the training required by paragraph V may use epinephrine auto-injectors prescribed pursuant to this section to:

(a)  Provide an epinephrine auto-injector to any individual who the employee agent or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

(b)  Administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

V.(a)  An employee, agent, or other individual described in paragraph IV shall complete an anaphylaxis training program at least every 2 years, following completion of the initial anaphylaxis training program.  Such training shall be conducted by a nationally-recognized organization experienced in training unlicensed persons in emergency health care treatment or an entity or individual approved by the board of medicine.  Training may be conducted online or in person and, at a minimum, shall cover:

(1)  How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

(2)  Standards and procedures for the storage and administration of an epinephrine auto-injector; and

(3)  Emergency follow-up procedures.

(b)  The entity or individual that conducts the training shall issue a certificate, on a form developed or approved by the board of medicine to each person who successfully completes the anaphylaxis training program.  

VI.  No authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other individuals, or health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity, or pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity, or individual or entity that conducts the training described in paragraph V, shall be liable for any injuries or related damages that result from any act or omission pursuant to this section, unless such injury or damage is the result of willful or wanton misconduct.  The administration of an epinephrine auto-injector in accordance with this section shall not be considered to be the practice of medicine or any other profession that otherwise requires licensure.  This section shall not be construed to eliminate, limit, or reduce any other immunity or defense that may be available under state law.  An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this state if the entity would not have been liable for such injuries or related damages had the provision or administration occurred within this state, or is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.

2  Repeal.  RSA 126-A:70 and 71, relative to administration of epinephrine, are repealed.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2821

1/7/20

 

SB 642-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the administration of epinephrine.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

The Office of Professional Licensure and Certification was contacted for a fiscal note worksheet on November 19, 2019, which they have not provided as of January 7, 2020.

 

METHODOLOGY:

This bill allows pharmacists and health care professionals to dispense epinephrine auto-injectors pursuant to a prescription by a health care practitioner.  In addition, the bill relocates the statute governing the administration of epinephrine from RSA 167-A (relative to the Department of Health and Human Services) to RSA 329 (relative to physicians and surgeons).  The Department of Health and Human Services states the bill is not expected to have a fiscal impact on that Department.  As noted above, the Office of Professional Licensure and Certification has not yet responded to a request for a fiscal note worksheet.

 

AGENCIES CONTACTED:

Department of Health and Human Services and Office of Professional Licensure and Certification

 

 

Links

SB642 at GenCourtMobile
SB642 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 Senate Hearing
Feb. 6, 2020 Senate Floor Vote
Feb. 6, 2020 Senate Floor Vote

Bill Text Revisions

SB642 Revision: 8091 Date: Feb. 6, 2020, 12:03 p.m.
SB642 Revision: 7990 Date: Jan. 14, 2020, 2:37 p.m.
SB642 Revision: 7959 Date: Jan. 14, 2020, 12:42 p.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Health and Human Services; SJ 2
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Health and Human Services; SJ 2
Jan. 21, 2020 Hearing: 01/21/2020, Room 101, LOB, 02:00 pm; SC 3
Feb. 6, 2020 Committee Report: Ought to Pass with Amendment # 2020-0313s, 02/06/2020; SC 5
Feb. 6, 2020 Committee Report: Ought to Pass with Amendment # 2020-0313s, 02/06/2020; SC 5
Feb. 6, 2020 Committee Amendment # 2020-0313s, AA, VV; 02/06/2020; SJ 3
Feb. 6, 2020 Ought to Pass with Amendment 2020-0313s, MA, VV; OT3rdg; 02/06/2020; SJ 3