Bill Text: FL S1122 | 2014 | Regular Session | Comm Sub
Bill Title: Emergency Allergy Treatment
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1131 (Ch. 2014-141) [S1122 Detail]
Download: Florida-2014-S1122-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 1122 By the Committees on Appropriations; and Health Policy; and Senators Bean, Gibson, Bradley, and Galvano 576-04580-14 20141122c2 1 A bill to be entitled 2 An act relating to emergency allergy treatment; 3 amending s. 381.88, F.S.; defining terms; expanding 4 provisions to apply to all emergency allergy 5 reactions, rather than to insect bites only; creating 6 s. 381.885, F.S.; authorizing certain health care 7 practitioners to prescribe epinephrine auto-injectors 8 to an authorized entity; authorizing such entities to 9 maintain a supply of epinephrine auto-injectors; 10 authorizing certified individuals to use epinephrine 11 auto-injectors; authorizing uncertified individuals to 12 use epinephrine auto-injectors under certain 13 circumstances; providing immunity from liability; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 381.88, Florida Statutes, is amended to 19 read: 20 381.88Insect stingEmergency allergy treatment.— 21 (1) This section and s. 381.885 may be cited as the “Insect22StingEmergency Allergy Treatment Act.” 23 (2) As used in this section and s. 381.885, the term: 24 (a) “Administer” means to directly apply an epinephrine 25 auto-injector to the body of an individual. 26 (b) “Authorized entity” means an entity or organization at 27 or in connection with which allergens capable of causing a 28 severe allergic reaction may be present. The term includes, but 29 is not limited to, restaurants, recreation camps, youth sports 30 leagues, theme parks and resorts, and sports arenas. However, a 31 school as described in s. 1002.20(3)(i) is an authorized entity 32 for the purposes of subsection (5) only. 33 (c) “Authorized health care practitioner” means a licensed 34 practitioner authorized by the laws of the state to prescribe 35 drugs. 36 (d) “Department” means the Department of Health. 37 (e) “Epinephrine auto-injector” means a single-use device 38 used for the automatic injection of a premeasured dose of 39 epinephrine into the human body. 40 (f) “Self-administration” means an individual’s 41 discretionary administration of an epinephrine auto-injector on 42 herself or himself. 43 (3)(2)The purpose of this section is to provide for the 44 certification of persons who administer lifesaving treatment to 45 persons who have severe allergicadversereactionsto insect46stingswhen a physician is not immediately available. 47 (4)(3)The departmentof Healthmay: 48 (a) Adopt rules necessary to administer this section. 49 (b) Conduct educational training programs as described in 50 subsection (5)(4),and approve programs conducted by other 51 persons or governmental agencies. 52 (c) Issue and renew certificates of training to persons who 53 have complied with this section and the rules adopted by the 54 department. 55 (d) Collect fees necessary to administer this section. 56 (5)(4)Educational training programs required by this 57 section must be conducted by a nationally recognized 58 organization experienced in training laypersons in emergency 59 health treatment or an entity or individual approved by the 60 departmentphysician licensed to practice medicine in this61state. The curriculum must include at a minimum: 62 (a) Recognition of the symptoms of systemic reactions to 63 food, insect stings, and other allergens; and 64 (b) The proper administration of ana subcutaneous65injection ofepinephrine auto-injector. 66 (6)(5)A certificate of training may be given to a person 67 who: 68 (a) Is 18 years of age or older; 69 (b) Has, or reasonably expects to have, responsibility for 70 or contact with at least one other personwho has severe adverse71reactions to insect stingsas a result of his or her 72 occupational or volunteer status, including, but not limited to, 73 a camp counselor, scout leader, school teacher, forest ranger, 74 tour guide, or chaperone; and 75 (c) Has successfully completed an educational training 76 program as described in subsection (5)(4). 77 (7)(6)A person who successfully completes an educational 78 training program may obtain a certificate upon payment of an 79 application fee of $25. 80 (8)(7)A certificate issued pursuant to this section 81 authorizes the holderthereofto receive, upon presentment of 82 the certificate,from any physician licensed in this state or83from the department,a prescription forpremeasured doses of84 epinephrine auto-injectors from an authorized health care 85 practitioner or the departmentand the necessary paraphernalia86for administration. The certificate also authorizes the holder 87thereofto possess andadminister, in an emergency situation 88 when a physician is not immediately available, to administer a 89theprescribed epinephrine auto-injector to a person 90 experiencingsufferinga severe allergicadversereactionto an91insect sting. 92 Section 2. Section 381.885, Florida Statutes, is created to 93 read: 94 381.885 Epinephrine auto-injectors; emergency 95 administration.— 96 (1) PRESCRIBING TO AN AUTHORIZED ENTITY.—An authorized 97 health care practitioner may prescribe epinephrine auto 98 injectors in the name of an authorized entity for use in 99 accordance with this section, and pharmacists may dispense 100 epinephrine auto-injectors pursuant to a prescription issued in 101 the name of an authorized entity. 102 (2) MAINTENANCE OF SUPPLY.—An authorized entity may acquire 103 and stock a supply of epinephrine auto-injectors pursuant to a 104 prescription issued in accordance with this section. Such 105 epinephrine auto-injectors must be stored in accordance with the 106 epinephrine auto-injector’s instructions for use and with any 107 additional requirements that may be established by the 108 department. An authorized entity shall designate employees or 109 agents who hold a certificate issued pursuant to s. 381.88 to be 110 responsible for the storage, maintenance, and general oversight 111 of epinephrine auto-injectors acquired by the authorized entity. 112 (3) USE OF EPINEPHRINE AUTO-INJECTORS.—An individual who 113 holds a certificate issued pursuant to s. 381.88 may, on the 114 premises of or in connection with the authorized entity, use 115 epinephrine auto-injectors prescribed pursuant to subsection (1) 116 to: 117 (a) Provide an epinephrine auto-injector to a person who 118 the certified individual in good faith believes is experiencing 119 a severe allergic reaction for that person’s immediate self 120 administration, regardless of whether the person has a 121 prescription for an epinephrine auto-injector or has previously 122 been diagnosed with an allergy. 123 (b) Administer an epinephrine auto-injector to a person who 124 the certified individual in good faith believes is experiencing 125 a severe allergic reaction, regardless of whether the person has 126 a prescription for an epinephrine auto-injector or has 127 previously been diagnosed with an allergy. 128 (4) EXPANDED AVAILABILITY.—An authorized entity that 129 acquires a stock supply of epinephrine auto-injectors pursuant 130 to a prescription issued by an authorized health care 131 practitioner in accordance with this section may make the auto 132 injectors available to individuals other than certified 133 individuals identified in subsection (3) who may administer the 134 auto-injector to a person believed in good faith to be 135 experiencing a severe allergic reaction if the epinephrine auto 136 injectors are stored in a locked, secure container and are made 137 available only upon remote authorization by an authorized health 138 care practitioner after consultation with the authorized health 139 care practitioner by audio, televideo, or other similar means of 140 electronic communication. Consultation with an authorized health 141 care practitioner for this purpose is not considered the 142 practice of telemedicine or otherwise construed as violating any 143 law or rule regulating the authorized health care practitioner’s 144 professional practice. 145 (5) IMMUNITY FROM LIABILITY.—Any person, as defined in s. 146 1.01, including an authorized health care practitioner, a 147 dispensing health care practitioner or pharmacist, an individual 148 conducting training pursuant to s. 381.88(5), and a person 149 certified pursuant to s. 381.88(7), who possesses, administers, 150 or stores an epinephrine auto-injector in compliance with this 151 act; and an uncertified person who administers an epinephrine 152 auto-injector as authorized under subsection (4) in compliance 153 with this act, is afforded the civil liability immunity 154 protection provided under s. 768.13. 155 Section 3. This act shall take effect July 1, 2014.