Bill Text: NJ A3203 | 2018-2019 | Regular Session | Introduced


Bill Title: Establishes requirements for emergency medical technicians to be authorized to administer epinephrine by syringe.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-02-08 - Introduced, Referred to Assembly Health and Senior Services Committee [A3203 Detail]

Download: New_Jersey-2018-A3203-Introduced.html

ASSEMBLY, No. 3203

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2018

 


 

Sponsored by:

Assemblyman  BOB ANDRZEJCZAK

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  R. BRUCE LAND

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Establishes requirements for emergency medical technicians to be authorized to administer epinephrine by syringe.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning emergency medical technicians and amending P.L.2003, c.1 and P.L.1992, c.143.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.2003, c.1 (C.26:2K-47.2) is amended to read as follows:

     2.    a.  An emergency medical technician who has been certified by the commissioner pursuant to subsection b. of this section to administer [an] epinephrine using an auto-injector device, syringe, or both shall administer, maintain, and dispose of [the device] devices and syringes in accordance with rules and regulations adopted by the commissioner.

     Each administration of epinephrine using an auto-injector device or syringe pursuant to [this act] P.L.2003, c.1 (C.26:2K-47.1 et al.) shall be reported to the Department of Health in a manner determined by the commissioner.

     b.    The commissioner shall establish written standards and application procedures which an emergency medical technician shall meet in order to obtain certification.  The commissioner shall certify a candidate who: provides evidence of satisfactory completion of an educational program which is approved by the commissioner and includes training in the administration of epinephrine using auto-injector devices, syringes, or both; and passes an examination in the administration of [the devices] epinephrine using an auto-injector device, syringe, or both which is approved by the commissioner.  A candidate shall not be certified to administer epinephrine using an auto-injector device unless the candidate has completed an educational program and passed an examination in the administration of epinephrine using the devices, and shall not be certified to administer epinephrine using a syringe unless the candidate has completed an educational program and passed an examination in the administration of epinephrine using syringes.  The commissioner may approve educational programs that include training in the administration of epinephrine using both auto-injector devices and syringes.

     c.     The commissioner shall maintain a registry of all persons certified pursuant to this section, which shall include, but not be limited to:

     (1)   the person's name and residence; [and]

     (2)   the date that certification was granted; and

     (3)   whether the person is certified to administer epinephrine using an auto-injector device, syringe, or both.

     d.    The commissioner shall annually compile a list of emergency medical technicians who have obtained certification to administer [an] epinephrine using an auto-injector device, syringe, or both pursuant to this section, which shall be available to the public.

     e.     A fee may be charged to a person enrolled in an educational program approved by the department which includes training in the administration of [an] epinephrine using an auto-injector device, syringe, or both in order to cover the cost of training and testing for certification pursuant to this section, if the entity that provides the educational program is not reimbursed for the cost of that training and testing from the "Emergency Medical Technician Training Fund" established pursuant to section 3 of P.L.1992, c.143 (C.26:2K-56).

(cf: P.L.2012, c.17, s.280)

 

     2.    Section 3 of P.L.2003, c.1 (C.26:2K-47.3) is amended to read as follows:

     3.    Notwithstanding the provisions of any other law to the contrary, an emergency medical technician, first aid, ambulance, or rescue squad, or other entity employing the services of an emergency medical technician certified to administer [an] epinephrine using an auto-injector device, syringe, or both pursuant to section 2 of [this act] P.L.2003, c.1 (C.26:2K-47.2) may purchase, store, or transport the devices, syringes, or both pursuant to an agreement with an emergency medical service, a hospital, or a State licensed physician trained in emergency medicine, for the purpose of providing basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21).

(cf: P.L.2003, c.1, s.3)

 

     3.    Section 5 of P.L.2003, c.1 (C.26:2K-47.5) is amended to read as follows:

     5.    A person shall not advertise or disseminate information to the public that the person is certified to [use an] administer epinephrine using an auto-injector device, syringe, or both unless the person is authorized to do so pursuant to [this act] P.L.2003, c.1 (C.26:2K-47.1 et al.).

(cf: P.L.2003, c.1, s.5)

 

     4.    Section 6 of P.L.2003, c.1 (C.26:2K-47.6) is amended to read as follows:

     6.    An emergency medical technician certified to administer [an] epinephrine using an auto-injector device, syringe, or both pursuant to section 2 of [this act] P.L.2003, c.1 (C.26:2K-47.2), licensed physician, hospital or its board of trustees, officers, and members of the medical staff, nurses, paramedics, or other employees of the hospital, or officers and members of a first aid, ambulance, or rescue squad shall not be liable for any civil damages as the result of an act or the omission of an act committed while in training to administer, or in the administration of, [the device] epinephrine using an auto-injector device or syringe in good faith and in accordance with the provisions of [this act] P.L.2003, c.1 (C.26:2K-47.1 et al.).

(cf: P.L.2003, c.1, s.6)

 

     5.    Section 8 of P.L.2003, c.1 (C.26:2K-47.8) is amended to read as follows:

     8.    Nothing in [this act] P.L.2003, c.1 (C.26:2K-47.1 et al.) shall be construed to:

     a.     permit a person certified to administer [an] epinephrine using an auto-injector device, syringe, or both pursuant to section 2 of [this act] P.L.2003, c.1 (C.26:2K-47.2) to perform the duties or fill the position of another health care professional employed by a hospital;

     b.    interfere with an emergency service training program authorized and operated under the provisions of the "New Jersey Highway Traffic Safety Act of 1987," P.L.1987, c.284 (C.27:5F-18 et seq.);

     c.     prohibit the administration of [an] epinephrine using an auto-injector device or syringe by a person acting pursuant to a lawful prescription; or

     d.    prevent a licensed and qualified member of a health care profession from administering [an] epinephrine using an auto-injector device or syringe if the duties are consistent with the accepted standards of the member's profession.

(cf: P.L.2003, c.1, s.8)

 

     6.    Section 10 of P.L.2003, c.1 (C.26:2K-47.9) is amended to read as follows:

     10.  Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations to effectuate the purposes of [this act] P.L.2003, c.1 (C.26:2K-47.1 et al.) and P.L.    , c.    (pending before the Legislature as this bill), including medical protocols for the administration of epinephrine using auto-injector devices and syringes, in consultation with the State mobile intensive care advisory council and the New Jersey State First Aid Council, Inc.  The rules and regulations shall address age appropriateness in the administration of epinephrine.

(cf: P.L.2012, c.17, s.281)

 

     7.    Section 4 of P.L.1992, c.143 (C.26:2K-57) is amended to read as follows:

     4.    The commissioner, in accordance with recommendations adopted by the council, and within the limits of those monies in the fund, shall annually reimburse any private agency, organization, or entity which is certified by the commissioner to provide training and testing for volunteer ambulance, first aid, and rescue squad personnel who are seeking emergency medical technician-ambulance, or EMT-A, or emergency medical technician-defibrillation, or EMT-D,  certification or recertification, or an entity which provides an educational program in the administration of epinephrine using auto-injector devices, syringes, or both that is approved by the commissioner pursuant to P.L.2003, c.1 (C.26:2K-47.1 et al.), and for which that entity is not otherwise reimbursed.

     The priority for reimbursement from the fund to an agency, organization, or entity for training and testing of volunteer ambulance, first aid, and rescue squad personnel shall be in the following order: EMT-A certification, EMT-A recertification, EMT-D certification, EMT-D recertification, and certification to administer epinephrine using auto-injector devices, syringes, or both pursuant to P.L.2003, c.1 (C.26:2K-47.1 et al.).

(cf: P.L.2003, c.1, s.9)

 

     8.    This act shall take effect on the first day of the seventh month next following enactment, except that the Commissioner of Health may take any advance administrative action as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill authorizes emergency medical technicians (EMTs) to obtain certification to administer epinephrine using syringes.  The administration, maintenance, and disposal of syringes would be in accordance with rules and regulations to be adopted by the Commissioner of Health.

     Under current law, EMTs may obtain certification to administer epinephrine using an auto-injector device by completing an educational program approved by the commissioner and passing an examination.  An EMT who obtains this certification, or a squad or other entity employing the EMT, may purchase, store, or transport epinephrine auto-injector devices pursuant to an agreement with an emergency medical service, hospital, or licensed physician for the purpose of providing basic life support services.  Current law provides civil immunity for good faith acts and omissions committed in the course of training to administer epinephrine or administering epinephrine as authorized under the law, and the training costs may be reimbursed from the "Emergency Medical Technician Training Fund."  Current law places certain restrictions on advertising for those who have not obtained the appropriate certification, and further provides that nothing in the law: permits an EMT to perform the duties or fill the position of another health care professional employed by a hospital; interferes with emergency service training programs; prohibits a person with a lawful prescription from administering epinephrine using an auto-injector device; or prohibits licensed and qualified health care professionals from administering epinephrine.

     This bill extends the provisions of the current law to apply to EMTs who obtain certification to administer epinephrine using syringes.  Under the bill, the commissioner is to establish rules, requirements, and procedures for EMTs to obtain certification to administer epinephrine using a syringe.  EMTs may become certified in epinephrine administration using syringes, auto-injector devices, or both, and the commissioner may approve educational programs to provide training in epinephrine administration using both auto-injector devices and syringes.  An EMT may not be certified to administer epinephrine using auto-injector devices, syringes, or both unless the EMT has completed the appropriate training requirements and passed the appropriate examination.

     Epinephrine is a drug used to treat allergic reactions, and timely administration of the drug can save lives in cases of severe anaphylactic shock.  The price of epinephrine auto-injector devices has increased dramatically since 2009, potentially straining the budgets of EMTs and entities employing EMTs that seek to have epinephrine available in emergency situations.  A number of other states, including Illinois, New York, and Washington, have recently authorized EMTs to administer epinephrine using syringes as a means to ensure continued access to this lifesaving drug.

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