Authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine, and administer epinephrine in emergency situations and promulgating rules for the development of training programs
H. B. 3159
(By Delegate Poore)
[Introduced February 16, 2011; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-1-5a, relating to
the development and approval of certain training programs
relating to the possession of epinephrine and the
administration of epinephrine in emergency situations; and
authorizing certain individuals to obtain a prescription for
epinephrine, purchase epinephrine and administer epinephrine
in emergency situations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-1-5a, to read as
follows:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-5a. Use of epinephrine in emergency situations.
(a) Prescription, purchase and administration of epinephrine by a trained individual.
-- An individual who is eighteen years of
age or older may obtain a prescription for, purchase, and, in an
emergency situation, administer epinephrine using an epinephrine
auto-injector, if the individual has successfully completed a
training program approved by the department under section (b).
(b) Approval of training programs.--
(1) The department shall promulgate rules, as defined in
section two, article one, chapter twenty-nine-a of this code,
establishing the standards for training programs for the use of
epinephrine auto-injectors and the process for approval of such
training programs.
(2) The department shall approve an epinephrine auto-injector
training program that meets standards established by the
department. The standards shall require an epinephrine auto-
injector training program to provide training in:
(A) Techniques on how to recognize symptoms of severe
asthmatic or allergic reactions, including anaphylaxis;
(B) Standards and procedures for the storage of epinephrine
auto-injectors and administration of epinephrine using auto-
injectors; and
(C) Emergency follow-up procedures.
(c) Applicability. -- This section does not apply to a person
who is authorized under another law to administer epinephrine or to
a person who is prescribed epinephrine for personal use.
(d) Liability of certified individual. -- A claim for relief
may not be brought against an individual who has successfully
completed a training program approved by the department under this
section for an act or omission relating to the administration of
epinephrine to another individual in an emergency situation if the
individual who completed the training program acted in good faith
under the authority granted by this section.
(e) Definitions. -- As used in this section:
(1) "Department" means the Department of Health and Human
Services;
(2) "Emergency situation" means a circumstance where an
individual experiences, or appears to experience, a severe
asthmatic or allergic reaction, including anaphylaxis, that
requires the administration of epinephrine to avoid severe injury
or death and where a certified or licensed health care provider
authorized to administer epinephrine is not reasonably available.
NOTE: The purpose of this bill is to authorize certain
individuals to obtain a prescription for epinephrine, purchase
epinephrine, and administer epinephrine in emergency situations and
to authorize the Department of Health and Human Services to
promulgate rules for the development of training programs to insure
the proper use of epinephrine in these emergency situations.
This section is new; therefore, it has been completely
underscored.
