Delaware-2015-SB162-Draft

Section 1. Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

CHAPTER 30I. ACCESS TO EMERGENCY MEDICATION IN PUBLIC PLACES.

§3001I. Purpose.

The purpose of this act is to allow public places to obtain emergency medications and train staff to administer emergency medications so that in the event of a medical emergency life saving treatment can be offered.This act shall be in force notwithstanding any other provision of Delaware law.

§3002I. Definitions.

For the purposes of this chapter:

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

(2) "Authorized entity" means any entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including, but not limited to, restaurants, recreation camps, youth sports leagues, amusement parks, and sports arenas.

(3) "Authorized health care provider" means an individual allowed by law to prescribe and administer prescription drugs in the course of professional practice.

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

(5) "Provide" means the supply of one or more epinephrine auto-injectors to an individual.

(6) "Self-administration" means a person's discretionary use of an epinephrine auto-injector.

§ 3003I. Prescription and dispensing.

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

§3004I. Storage.

An authorized entity may acquire and stock 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 epinephrine auto-injector's instructions for use and any additional requirements that may be established by the Department of Health and Social Services.An authorized entity shall designate employees or agents who have completed the training required by this Act to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity.

§3005I. Use of emergency medication.

An employee or agent of an authorized entity, or other individual, who has completed the training required by this Act may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors prescribed pursuant to this Act to:

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

(2) 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.

§3006I. Training.

An employee, agent, or other individual described in Section 3005I must complete an anaphylaxis training program prior to providing or administering an epinephrine auto-injector made available by an authorized entity.Such training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other entity or individual approved by the Department of Health and Social Services. Training may be conducted online or in person and, at a minimum, shall cover:

(1) techniques on how to recognize 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.

The entity that conducts the training shall issue a certificate, on a form developed or approved by the Department of Health and Social Services, to each person who successfully completes the anaphylaxis training program.

§3007I. Provision of limited liability protections.

(a) Any person or entity, who in good faith and without compensation, facilitates, renders, or chooses not to render emergency care or treatment by the use of an epinephrine auto-injector shall be immune from civil liability for any personal injury as a result from any act or omission that does not amount to willful or wanton misconduct or gross negligence.

(b) Any individual who authorizes the purchase of an epinephrine auto-injector, any person or entity who provides training related to the use of an epinephrine auto-injector, and any person or entity responsible for the site where the epinephrine auto-injector is located shall be immune from civil liability for any personal injury that results from any act or omission that does not amount to willful or wanton misconduct or gross negligence.

§3008I. Reporting use of emergency medicine.

An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the Department of Health and Social Services, on a form developed by the Department of Health and Social Services, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine auto-injector.The Department of Health and Social Services shall annually publish a report that summarizes and analyzes all reports submitted to it under this chapter.

SPONSOR:	Sen. Poore & Sen. McBride & Rep. Heffernan
	Reps. Baumbach, Lynn, Mitchell