Bill Text: NJ A5157 | 2016-2017 | Regular Session | Introduced


Bill Title: Requires restaurants to maintain supply of epinephrine and permit trained employees to administer epinephrine on-site to persons suffering from anaphylaxis.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-08-24 - Introduced, Referred to Assembly Health and Senior Services Committee [A5157 Detail]

Download: New_Jersey-2016-A5157-Introduced.html

ASSEMBLY, No. 5157

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED AUGUST 24, 2017

 


 

Sponsored by:

Assemblyman  ARTHUR BARCLAY

District 5 (Camden and Gloucester)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Requires restaurants to maintain supply of epinephrine and permit trained employees to administer epinephrine on-site to persons suffering from anaphylaxis.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning emergency epinephrine administration at restaurants, and supplementing Title 26 of the Revised Statutes.

 

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

 

     1.    This act shall be known, and may be cited, as the "Restaurant Epinephrine Access and Emergency Treatment Act."

 

     2.    The Legislature finds and declares that:

     a.     Food allergy is one of the leading causes of anaphylaxis, a life-threatening condition that is easily treatable with epinephrine, a medication only available through prescription;

     b.    Individuals who are known to be at risk of anaphylaxis may carry emergency doses of epinephrine with them at all times.  However, many individuals are not aware of their allergy, and do not carry epinephrine;

     c.     New Jersey's restaurants provide a broad array of food choices, and often offer food products that have the potential to cause allergic reactions in some people.  New Jersey's restaurants may also cook different foods in the same space, which allows for cross-contamination of non-allergenic food products with potentially allergenic food products;

     d.    The State of New Jersey, through the enactment of laws at P.L.1997, c.368 (C.18A:40-12.5 et seq.), P.L.2013, c.211 (C.18A:61D-11 et seq.), and P.L.2015, c.231 (C.26:12-17 et seq.), has already recognized the value of training non-medical professionals to administer epinephrine in K-12 educational settings, institutions of higher education, and youth camps when a medical professional is not physically present at the scene;

     e.     It is similarly prudent to provide restaurants with the tools necessary to respond to emergency anaphylaxis situations, particularly since the customers at a restaurant may be exposed to unfamiliar or allergenic foods, or to allergenic food contamination, and assistance from medical professionals and first responders may not be readily available.

 

     3.    As used in this act:

     "Authorized employee" means a restaurant employee who is authorized by the restaurant operator to engage in the emergency administration of epinephrine, in accordance with the policy adopted pursuant to section 4 of this act.

     "Authorized prescriber" means a licensed physician or other health care professional whose authorized scope of practice includes the prescription of medication, whether independently, or through a joint protocol.

     "Commissioner" means the Commissioner of Health.

     "Epinephrine auto-injector device" means a single-use device used for the automatic injection of a pre-measured dose of epinephrine, and includes, but is not limited to, an EpiPen.

     "Restaurant" means a restaurant, as defined in section 1 of P.L.1983, c.488 (C.26:3E-1), which is subject to regulation and inspection by a local board of health, as provided by subsection c. of R.S.26:3-31.

     "Restaurant operator" means the individual who is responsible for the day-to-day management of a restaurant.

     "Restaurant owner" means an individual or entity that holds title to, or has a right of ownership in, a restaurant.

 

     4.    a.  Within 30 days after the effective date of this act, and in accordance with the provisions of this section, each restaurant in the State shall implement a policy providing for the purchase and possession of epinephrine auto-injector devices, and the emergency administration of epinephrine to persons on the restaurant premises who are suffering from anaphylaxis.  At a minimum, each such policy shall:

     (1)   require the restaurant to purchase and maintain, in a secure but accessible on-site location, an adequate supply of unexpired epinephrine auto-injector devices, which have been prescribed under a standing protocol from a licensed physician or other authorized prescriber;

     (2)   require the restaurant operator and any authorized employee to complete training in emergency epinephrine administration, in accordance with the standardized training protocol established pursuant to subsection b. of this section;

     (3)   permit the restaurant operator and any authorized employee to administer an epinephrine auto-injector device to any person on the restaurant premises; provided that the restaurant operator or authorized employee, as appropriate, has first completed training in accordance with paragraph (2) of this subsection, and believes, in good faith, that the person to whom epinephrine is being administered is suffering from an anaphylactic reaction;

     (4)   permit the restaurant operator and any authorized employee to carry on their person, while actively engaged in work at the restaurant, an epinephrine auto-injector device from the restaurant's supply, for immediate use in emergency anaphylaxis situations; and

     (5)   require the restaurant operator to maintain a written record whenever epinephrine is administered on-site by the restaurant operator or an authorized employee, and to annually submit a written report to the local board of health, as provided by subsection b. of section 5 of this act.

     b.    The Commissioner of Health shall develop a standardized training protocol on emergency epinephrine administration, which shall be used to provide training to restaurant operators and authorized employees throughout the State, as required by this act.  The standardized protocol shall require training sessions on emergency epinephrine administration to be provided by a health care professional whose authorized scope of practice includes the administration of medication, and shall further require each training session to include instruction on the following topics:

     (1)   the recognition and identification of symptoms of anaphylaxis;

     (2)   procedures and protocols for the proper storage and safe carrying of an epinephrine auto-injector device;

     (3)   procedures and protocols for the safe administration of an epinephrine auto-injector device;

     (4)   procedures and protocols for the proper disposal of expended or expired epinephrine auto-injector devices;

     (5)   procedures and protocols to ensure the proper aftercare of a person to whom epinephrine has been administered, such as protocols for calling 911; and

     (6)   any other relevant topic the commissioner deems to be appropriate.

 

     5.    a.  Each local board of health is authorized to undertake appropriate enforcement action to ensure that the restaurants in its jurisdiction have each implemented an emergency epinephrine administration policy in compliance with the provisions of this act.  Any local health official who inspects a restaurant on or after the effective date of this act, pursuant to the authority granted under subsection c. of R.S.26:3-31, shall, as part of the inspection process, evaluate whether the restaurant is in compliance with the provisions of this act.  If a restaurant has failed to adequately implement an epinephrine administration policy, the inspection report shall indicate this fact, and the restaurant shall be required to take corrective action as may be necessary to ensure its future compliance, in this regard.  The local board of health may impose reasonable fines, or may take any other appropriate action, in order to ensure that such corrective action is taken.

     b.    On an annual basis, each restaurant in the State shall prepare, and submit to the local board of health, a written report identifying the total number of doses of epinephrine that were administered on-site during the preceding year by the restaurant operator and all authorized employees, and the total costs that were incurred by the restaurant in association with the purchase and disposal of epinephrine auto-injector devices during the reporting period.

     c.     On a biennial basis, each local board of health shall prepare, and submit to the Department of Health, a report that identifies the extent to which epinephrine administration policies have been implemented by restaurants in the jurisdiction.  Each such report shall indicate, in particular:  (1) the number of times that epinephrine was administered by restaurant operators and authorized employees in the jurisdiction during each year of the reporting period; (2) the average annual cost to restaurants of complying with this act; (3) the number and percentage of restaurants in the jurisdiction that have failed to implement epinephrine administration policies as required by this act; and (4) the corrective action that has been ordered for, or taken by, noncompliant restaurants during the reporting period.  The board may use its own inspection reports, as well as the annual reports that are submitted by restaurants pursuant to subsection b. of this section, as the basis for the biennial report that is submitted pursuant to this subsection. 

 

     6.    A restaurant owner, restaurant operator, authorized employee, health care professional, or pharmacist shall be immune from civil or criminal liability, and from professional disciplinary action, for any act or omission, including the prescription, distribution, or administration of epinephrine, which is undertaken in good faith thereby, in accordance with the provisions of this act.  Good faith does not include willful misconduct, gross negligence, or recklessness.

 

     7.    Nothing in this act shall be construed to:

     a.     permit a restaurant operator or authorized employee to perform the duties or fill the position of a licensed medical professional;

     b.    prohibit the administration of epinephrine by an individual who is acting pursuant to a lawful prescription;

     c.     prevent a licensed and qualified member of a health care profession from administering epinephrine to a person suffering from anaphylaxis, if such action is consistent with the accepted standards of practice applicable to the member's profession; or

     d.    require a restaurant operator or an authorized employee to obtain written authorization or consent from any person before engaging in the emergency administration of epinephrine to a person on the restaurant premises.

 

     8.    The Commissioner of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act. 

 

     9.    This act shall take effect on the 120th day after the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

 

     This bill would require restaurants in the State to maintain a supply of epinephrine auto-injector devices (i.e., EpiPens) and permit trained employees to administer epinephrine on-site to persons who are suffering from anaphylaxis. 

     The bill would require each restaurant in the State, within 30 days after the bill's effective date, to implement a policy providing for the purchase and possession of epinephrine auto-injector devices, and the emergency administration of epinephrine.  At a minimum, each such policy would:

     1)    require the restaurant to purchase and maintain, in a secure but accessible on-site location, an adequate supply of unexpired epinephrine auto-injector devices, which have been prescribed under a standing protocol from a licensed physician or other authorized prescriber;

     2)    require the restaurant operator and any authorized employee to complete training in emergency epinephrine administration, in accordance with a standardized training protocol established by the Commissioner of Health;

     3)    permit the restaurant operator and any authorized employee to administer an epinephrine auto-injector device to any person on the restaurant premises; provided that the restaurant operator or authorized employee, as appropriate, has first completed training in epinephrine administration, and believes, in good faith, that the person to whom epinephrine is being administered is suffering from an anaphylactic reaction;

     4)    permit the restaurant operator and any authorized employee to carry on their person, while actively engaged in work at the restaurant, an epinephrine auto-injector device from the restaurant's supply, for immediate use in emergency anaphylaxis situations; and

     5)    require the restaurant operator to maintain a written record whenever epinephrine is administered on-site by the restaurant operator or an authorized employee, and to annually submit a written report to the local board of health identifying the total number of doses of epinephrine that were administered on-site during the preceding year, and the total costs that were expended by the restaurant in association with the purchase and disposal of epinephrine auto-injector devices during the reporting period.

     The bill would require the Commissioner of Health to develop a standardized training protocol on emergency epinephrine administration, which will be used in providing training to restaurant operators and authorized employees throughout the State, as required by the bill.  The standardized protocol is to require the training to be provided by a health care professional whose authorized scope of practice includes the administration of medication, and is to further require each training session to include instruction on the following topics: 1) the recognition and identification of symptoms of anaphylaxis; 2) procedures and protocols for the safe administration, proper disposal, proper storage, and safe carrying of an epinephrine auto-injector device; 3) procedures and protocols to ensure the proper aftercare of a person to whom epinephrine has been administered, such as protocols for calling 911; and 4) any other relevant topic the commissioner deems to be appropriate.

     The bill would authorize each local board of health to undertake appropriate enforcement action to ensure that the restaurants in its jurisdiction have each implemented an emergency epinephrine administration policy in compliance with the bill's provisions.  Any local health official who inspects a restaurant on or after the bill's effective date will be required, as part of the inspection process, to evaluate whether the restaurant is in compliance with the bill's provisions.  If a restaurant has failed to adequately implement an epinephrine administration policy, the inspection report is to indicate this fact, and the local health official is to require the restaurant to take corrective action as may be necessary to ensure its future compliance, in this regard.  The local board of health is authorized to impose reasonable fines, or to take any other appropriate action, in order to ensure that such corrective action is taken.

     The bill would further require each local board of health, on a biennial basis, to prepare, and submit to the Department of Health, a report that identifies the extent to which epinephrine administration policies have been implemented by restaurants in the jurisdiction.  Each such report is required to indicate, in particular:  1) the number of times that epinephrine was administered by restaurant operators and authorized employees in the jurisdiction during each year of the preceding reporting period; 2) the average annual cost to restaurants of complying with the bill; 3) the number and percentage of restaurants in the jurisdiction that have failed to implement epinephrine administration policies; and 4) the corrective action that has been ordered for, or taken by, noncompliant restaurants during the reporting period.   

     The bill would specify that a restaurant owner, restaurant operator, authorized employee, health care professional, or pharmacist is to be immune from civil or criminal liability, and from professional disciplinary action, for any act or omission, including the prescription, distribution, or administration of epinephrine, which is undertaken in good faith thereby, in accordance with the bill's provisions.  Good faith would not include willful misconduct, gross negligence, or recklessness.

     The bill would further specify that, nothing in its provisions may be construed to:  1) permit a restaurant operator or authorized employee to perform the duties or fill the position of a licensed medical professional; 2) prohibit the administration of epinephrine by an individual who is acting pursuant to a lawful prescription; 3) prevent a licensed and qualified member of a health care profession from administering epinephrine to a person suffering from anaphylaxis, if such action is consistent with the accepted standards of practice applicable to the member's profession; or 4) require a restaurant operator or an authorized employee to obtain written authorization or consent from any person before engaging in the emergency administration of epinephrine to a person on the restaurant premises.

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