SB 139

Under current law, a physician, an advanced practice nurse prescriber, or a

physician assistant may prescribe epinephrine auto-injectors in the name of a school

that has adopted a plan for the management of pupils with life-threatening

allergies. The governing body of such a school may authorize a school nurse or other

school personnel to: 1) provide an epinephrine auto injector to a pupil for that pupil

to self-administer in accordance with that pupil's prescription; 2) administer an

epinephrine auto-injector to a pupil in accordance with that pupil's prescription; or

3) administer an epinephrine auto-injector to a pupil or other person who the nurse

or other personnel believes to be experiencing anaphylaxis according to a standing

protocol regardless whether the pupil or other person has a prescription for an

epinephrine auto-injector. This bill allows a physician, physician assistant, or

advance practice nurse prescriber to prescribe an epinephrine auto-injector in the

name of any entity or organization, other than a school, operating a business,

activity, or event at which allergens capable of causing anaphylaxis may be present

(authorized entity), including a camp, college, university, day care facility, youth

sports league, amusement park, restaurant, place of employment, and sports arena.

The authorized entity may acquire and maintain a supply of epinephrine

auto-injectors and must store the epinephrine auto-injectors in a location readily

accessible in an emergency and in accordance with the instructions for using an

epinephrine auto-injector and any requirements established by the Department of

Health Services. The bill requires the authorized entity to designate an employee

or agent who has completed the training required under the bill to be responsible for

the storage, maintenance, control, and oversight of the epinephrine auto-injectors.

The bill allows an employee or agent of an authorized entity or other individual

who has completed the training required under the bill to either provide or

administer an epinephrine auto-injector to an individual who the employee, agent,

or other individual believes is experiencing anaphylaxis regardless of whether that

individual has a prescription for an epinephrine auto-injector or has been diagnosed

with an allergy. Among other liability protections, the bill exempts from liability for

any injury that results from the administration or failure to administer an

epinephrine auto-injector, all of the following: an authorized entity that possesses

and makes available an epinephrine auto-injector; employees and agents of the

authorized entity or other individuals that store, maintain, control, oversee, provide,

or use an epinephrine auto-injector; a health care practitioner who prescribes or

dispenses an epinephrine auto-injector to an authorized entity; a pharmacist or

other person who dispenses an epinephrine auto-injector to an authorized entity;

and a person who provides the training required under the bill.