Bill Text: NJ A2350 | 2018-2019 | Regular Session | Introduced
Bill Title: Extends "Epinephrine Access and Emergency Treatment Act" to include administration of epinephrine auto-injector devices by individuals in possession of devices pursuant to personal prescriptions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly Health and Senior Services Committee [A2350 Detail]
Download: New_Jersey-2018-A2350-Introduced.html
Sponsored by:
Assemblyman KEVIN J. ROONEY
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Extends "Epinephrine Access and Emergency Treatment Act" to include administration of epinephrine auto-injector devices by individuals in possession of devices pursuant to personal prescriptions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning epinephrine auto-injector devices and amending P.L.2015, c.215.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2015, c.215 (C.24:6L-4) is amended to read as follows:
4. a. Any person who has successfully completed an educational program approved by the commissioner pursuant to section 5 of this act to administer an epinephrine auto-injector device shall be issued a certificate of completion, which shall authorize the person to administer, maintain, and dispose of an epinephrine auto-injector device.
b. A licensed health care professional may prescribe or dispense an epinephrine auto-injector device, either directly or through a standing order, to a person authorized to administer, maintain, and dispose of the device pursuant to subsection a. of this section.
c. An entity employing a person authorized to administer, maintain, and dispose of an epinephrine auto-injector device pursuant to subsection a. of this section may obtain, maintain, and make available to the authorized person epinephrine auto-injector devices consistent with such standards and protocols as the commissioner may establish by regulation.
d. Any person who is in possession of an epinephrine auto-injector device pursuant to a valid prescription issued to that person or to a minor child of the person shall be authorized to administer the epinephrine auto-injector device to any person who appears to be suffering from anaphylaxis or any other serious condition treatable with epinephrine.
(cf: P.L.2015, c.215, s.4)
2. Section 6 of P.L.2015, c.215 (C.24:6L-6) is amended to read as follows:
6. a. A health care professional shall not, as a result of the professional's acts or omissions, be subject to any civil liability or any professional disciplinary action under Title 45 of the Revised Statutes for any act or omission which is undertaken in good faith in accordance with this act.
b. A person authorized to administer, maintain, or dispose of an epinephrine auto-injector device under subsection a. of section 4 of this act or pursuant to a valid prescription for the device issued to the person or to a minor child of the person who, in good faith and without fee, administers an epinephrine auto-injector device to a person who appears to be suffering from anaphylaxis or any other serious condition treatable with epinephrine shall not, as a result of the person's acts or omissions, be subject to any civil liability for administering the device consistent with this act.
c. An entity authorized to obtain, maintain, and make available epinephrine auto injector devices to a person employed by the entity pursuant to subsection c. of section 4 of this act shall not, as a result of the entity's acts or omissions, be subject to any civil liability for any act or omission which is undertaken in good faith in accordance with this act.
d. A person or entity conducting an educational program approved by the commissioner as provided in section 5 of this act shall not be subject to any civil liability for any act or omission which is undertaken in accordance with this act.
e. For the purposes of this section, good faith does not include willful misconduct, gross negligence, or recklessness.
(cf: P.L.2015, c.215, s.6)
3. This act shall take effect immediately.
STATEMENT
This bill revises the provisions of the "Epinephrine Access and Emergency Treatment Act" to allow any person who is in possession of an epinephrine auto-injector device pursuant to a valid prescription that was issued to the person, or to a minor child of the person, to administer the auto-injector device to any individual who appears to be suffering from anaphylaxis or any other serious condition that is treatable with epinephrine. The person would not be subject to civil liability for administering the device in good faith and without fee.
Currently, the "Epinephrine Access and Emergency Treatment Act" permits any person to obtain, administer, maintain, and dispose of epinephrine auto-injector devices upon completing an educational program approved by the Commissioner of Health. However, current law does not explicitly allow individuals in possession of a device pursuant to a prescription issued to that person or a minor child of the person to administer the device to another individual in an emergency. It is the sponsor's belief that extending the scope of the "Epinephrine Access and Emergency Treatment Act" in this way will help promote access to this life-saving medication and encourage individuals in possession of the devices to administer them in emergency situations.
