Bill Text: MI HB6049 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Health; other; epinephrine; allow prescribers to prescribe and pharmacists to dispense to school boards under certain circumstances and limit liability. Amends secs. 17744a & 17744d of 1978 PA 368 (MCL 333.17744a & 333.17744d). TIE BAR WITH: HB 6050'16

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-11-29 - Bill Electronically Reproduced 11/10/2016 [HB6049 Detail]

Download: Michigan-2015-HB6049-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6049

 

 

November 10, 2016, Introduced by Reps. Howrylak and Tedder and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17744a and 17744d (MCL 333.17744a and

 

333.17744d), section 17744a as amended and section 17744d as added

 

by 2015 PA 221.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17744a. (1) Notwithstanding any provision of this act to

 

the contrary, a prescriber may issue a prescription for and a

 

dispensing prescriber or pharmacist may dispense auto-injectable

 

the following:

 

     (a) Auto-injectable epinephrine to an authorized entity.

 

     (b) Epinephrine to a school board.

 

     (2) When issuing a prescription for or dispensing auto-

 

injectable epinephrine to an authorized entity as authorized under

 

this section, or when issuing a prescription for or dispensing

epinephrine to a school board as authorized under this section, the

 

prescriber, dispensing prescriber, or pharmacist, as appropriate,

 

shall insert the name of the authorized entity or the school board

 

as the name of the patient.

 

     (3) (2) A school employee who is a licensed registered

 

professional nurse or who is trained in the administration of an

 

epinephrine auto-injector under section 1179a of the revised school

 

code, 1976 PA 451, MCL 380.1179a, may possess and administer an

 

epinephrine auto-injector dispensed to a school board under this

 

section.

 

     (4) (3) An authorized entity that is not a school board may

 

acquire and stock a supply of auto-injectable epinephrine under a

 

prescription as authorized in this section. An authorized entity

 

described in this subsection that acquires and stocks a supply of

 

auto-injectable epinephrine is subject to section 17744d.

 

     (5) (4) A prescriber who issues a prescription for or a

 

dispensing prescriber or pharmacist who dispenses auto-injectable

 

epinephrine to an authorized entity as authorized under this

 

section is not liable in a civil action for a properly stored and

 

dispensed epinephrine auto-injector that was a proximate cause of

 

injury or death to an individual due to the administration of or

 

failure to administer the epinephrine auto-injector. A prescriber

 

who issues a prescription for or a dispensing prescriber or

 

pharmacist who dispenses epinephrine to a school board as

 

authorized under this section is not liable in a civil action for

 

properly stored and dispensed epinephrine that was a proximate

 

cause of injury or death to an individual due to the administration

of or failure to administer the epinephrine.

 

     (6) (5) As used in this section: , "authorized

 

     (a) "Authorized entity" means any of the following:

 

     (a) A school board for the purpose of meeting the requirements

 

of section 1179a of the revised school code, 1976 PA 451, MCL

 

380.1179a.

 

     (b) A a person or governmental entity that operates or

 

conducts a business or activity at which allergens capable of

 

causing anaphylaxis may be present, including, but not limited to,

 

a recreation camp, youth sports league, amusement park, nonpublic

 

school, religious institution, or sports arena.

 

     (b) "School board" means that term as defined in section 1179

 

of the revised school code, 1976 PA 451, MCL 380.1179.

 

     Sec. 17744d. (1) This section only applies to an authorized

 

entity as defined in section 17744a(5)(b)17744a that acquires and

 

stocks a supply of auto-injectable epinephrine as authorized in

 

section 17744a. An authorized entity shall store auto-injectable

 

epinephrine in a location readily accessible in an emergency and in

 

accordance with the auto-injectable epinephrine's instructions for

 

use and any additional requirements that are established by the

 

department. An authorized entity shall designate an employee or

 

agent who has completed the training required under this section to

 

be responsible for the storage, maintenance, and general oversight

 

of the auto-injectable epinephrine acquired by the authorized

 

entity.

 

     (2) An employee or agent of an authorized entity or other

 

individual, which employee, agent, or individual has completed the

training required under this section, may, on the premises of or in

 

connection with the conduct of the business or activity of the

 

authorized entity, use auto-injectable epinephrine prescribed under

 

section 17744a to do any of the following:

 

     (a) Provide auto-injectable epinephrine to an 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 auto-

 

injectable epinephrine or has previously been diagnosed with an

 

allergy.

 

     (b) Administer auto-injectable epinephrine to an individual

 

who the employee, agent, or other individual believes in good faith

 

is experiencing anaphylaxis, regardless of whether the individual

 

has a prescription for auto-injectable epinephrine or has

 

previously been diagnosed with an allergy.

 

     (3) Before providing or administering auto-injectable

 

epinephrine made available by an authorized entity, an employee,

 

agent, or other individual described in subsection (2) must

 

complete an initial anaphylaxis training program and a subsequent

 

anaphylaxis training program at least every 2 years following

 

completion of the most recently completed anaphylaxis training

 

program that meets all of the following requirements:

 

     (a) Is conducted by a nationally recognized organization

 

experienced in training laypersons in emergency health treatment or

 

by a person, entity, or class of individuals approved by the

 

department.

 

     (b) Is conducted online or in person.

     (c) At a minimum, covers all of the following:

 

     (i) Techniques on how to recognize symptoms of severe allergic

 

reactions, including anaphylaxis.

 

     (ii) Standards and procedures for the storage and

 

administration of auto-injectable epinephrine.

 

     (iii) Emergency follow-up procedures.

 

     (4) An organization, person, entity, or class of individuals

 

that conducts an anaphylaxis training program described in

 

subsection (3) shall issue a certificate, on a form developed or

 

approved by the department, to each individual who successfully

 

completes the anaphylaxis training program.

 

     (5) Except as otherwise provided in this subsection, an

 

authorized entity and its employees, agents, and other trained

 

individuals that have acted in accordance with the requirements of

 

subsections (1) to (4); an individual who uses auto-injectable

 

epinephrine obtained in accordance with the requirements of

 

subsections (1) to (4) and made available under subsection (7); or

 

an organization, person, entity, or class of individuals that

 

conducts an anaphylaxis training program described in and conducted

 

in accordance with subsection (3) is not liable for any injuries or

 

related damages that result from the administration or self-

 

administration of auto-injectable epinephrine, the failure to

 

administer auto-injectable epinephrine, or any other act or

 

omission taken pursuant to this section. This subsection does not

 

apply to acts or omissions that constitute willful misconduct or

 

wanton misconduct. The administration of auto-injectable

 

epinephrine as authorized in this section is not the practice of

medicine. This section does not eliminate, limit, or reduce any

 

other immunity or defense that may be available under the laws of

 

this state. An authorized entity located in this state is not

 

liable for any injuries or related damages that result from

 

providing or administering auto-injectable epinephrine by its

 

employees or agents outside of this state if either of the

 

following requirements is met:

 

     (a) The authorized entity or its employee or agent would not

 

have been liable for the injuries or related damages had the

 

provision or administration occurred in this state.

 

     (b) The authorized entity or its employee or agent is not

 

liable for the injuries or related damages under the law of the

 

state in which the provision or administration occurred.

 

     (6) An authorized entity shall submit to the department, on a

 

form prescribed by the department, a report of each incident on the

 

premises of or in connection with the conduct of the business or

 

activity of the authorized entity that involves the administration

 

of auto-injectable epinephrine. The department shall annually

 

publish a report that summarizes and analyzes all reports submitted

 

to it under this subsection.

 

     (7) An authorized entity may make auto-injectable epinephrine

 

available to an individual other than an employee, agent, or

 

individual described in subsection (2), and the other individual

 

may administer auto-injectable epinephrine to any individual he or

 

she believes in good faith to be experiencing anaphylaxis, if the

 

auto-injectable epinephrine is stored in a locked, secure container

 

and is made available only upon remote authorization by an

authorized health care provider after consultation with the

 

authorized health care provider by audio, televideo, or other

 

similar means of electronic communication. Consultation with an

 

authorized health care provider for the purpose of this subsection

 

is not the practice of telemedicine and does not violate any law or

 

rule regulating the authorized health care provider's scope of

 

practice. As used in this subsection, "authorized health care

 

provider" means a prescriber as that term is defined in section

 

17708 other than a licensed dentist, licensed optometrist, or

 

licensed veterinarian.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6050 (request no.

 

06629'16) of the 98th Legislature is enacted into law.