Florida Senate - 2014                                    SB 1122
       By Senator Bean
       4-01324A-14                                           20141122__
    1                        A bill to be entitled                      
    2         An act relating to emergency allergy treatment;
    3         amending s. 381.88, F.S.; defining terms; expanding
    4         provisions to apply to all emergency allergy
    5         reactions, rather than to insect bites only; creating
    6         s. 381.885, F.S.; authorizing certain health care
    7         practitioners to prescribe epinephrine auto-injectors
    8         to an authorized entity; authorizing such entities to
    9         maintain a supply of epinephrine auto-injectors;
   10         authorizing certified individuals to use epinephrine
   11         auto-injectors; authorizing uncertified individuals to
   12         use epinephrine auto-injectors under certain
   13         circumstances; providing immunity from liability;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 381.88, Florida Statutes, is amended to
   19  read:
   20         381.88 Insect sting Emergency allergy treatment.—
   21         (1) This section and s. 381.885 may be cited as the “Insect
   22  Sting Emergency Allergy Treatment Act.”
   23         (2) As used in this section and s. 381.885, the term:
   24         (a) “Administer” means to directly apply an epinephrine
   25  auto-injector to the body of an individual.
   26         (b) “Authorized entity” means an entity or organization at
   27  or in connection with which allergens capable of causing a
   28  severe allergic reaction may be present. The term includes, but
   29  is not limited to, restaurants, recreation camps, youth sports
   30  leagues, theme parks and resorts, and sports arenas. However, a
   31  school as described in s. 1002.20(3)(i) is an authorized entity
   32  for the purposes of subsection (5) only.
   33         (c) “Authorized health care practitioner” means a licensed
   34  practitioner authorized by the laws of the state to prescribe
   35  drugs.
   36         (d) “Department” means the Department of Health.
   37         (e) “Epinephrine auto-injector” means a single-use device
   38  used for the automatic injection of a premeasured dose of
   39  epinephrine into the human body.
   40         (f) “Self-administration” means an individual’s
   41  discretionary administration of an epinephrine auto-injector on
   42  herself or himself.
   43         (3)(2) The purpose of this section is to provide for the
   44  certification of persons who administer lifesaving treatment to
   45  persons who have severe allergic adverse reactions to insect
   46  stings when a physician is not immediately available.
   47         (4)(3) The department of Health may:
   48         (a) Adopt rules necessary to administer this section.
   49         (b) Conduct educational training programs as described in
   50  subsection (5) (4), and approve programs conducted by other
   51  persons or governmental agencies.
   52         (c) Issue and renew certificates of training to persons who
   53  have complied with this section and the rules adopted by the
   54  department.
   55         (d) Collect fees necessary to administer this section.
   56         (5)(4) Educational training programs required by this
   57  section must be conducted by a nationally recognized
   58  organization experienced in training laypersons in emergency
   59  health treatment or an entity or individual approved by the
   60  department physician licensed to practice medicine in this
   61  state. The curriculum must include at a minimum:
   62         (a) Recognition of the symptoms of systemic reactions to
   63  food, insect stings, and other allergens; and
   64         (b) The proper administration of an a subcutaneous
   65  injection of epinephrine auto-injector.
   66         (6)(5) A certificate of training may be given to a person
   67  who:
   68         (a) Is 18 years of age or older;
   69         (b) Has, or reasonably expects to have, responsibility for
   70  or contact with at least one other person who has severe adverse
   71  reactions to insect stings as a result of his or her
   72  occupational or volunteer status, including, but not limited to,
   73  a camp counselor, scout leader, school teacher, forest ranger,
   74  tour guide, or chaperone; and
   75         (c) Has successfully completed an educational training
   76  program as described in subsection (4).
   77         (7)(6) A person who successfully completes an educational
   78  training program may obtain a certificate upon payment of an
   79  application fee of $25.
   80         (8)(7) A certificate issued pursuant to this section
   81  authorizes the holder thereof to receive, upon presentment of
   82  the certificate, from any physician licensed in this state or
   83  from the department, a prescription for premeasured doses of
   84  epinephrine auto-injectors from an authorized health care
   85  practitioner or the department and the necessary paraphernalia
   86  for administration. The certificate also authorizes the holder
   87  thereof to possess and administer, in an emergency situation
   88  when a physician is not immediately available, to possess and
   89  administer a the prescribed epinephrine auto-injector to a
   90  person experiencing suffering a severe allergic adverse reaction
   91  to an insect sting.
   92         Section 2. Section 381.885, Florida Statutes, is created to
   93  read:
   94         381.885 Epinephrine auto-injectors; emergency
   95  administration.—
   96         (1) PRESCRIBING TO AN AUTHORIZED ENTITY.An authorized
   97  health care practitioner may prescribe epinephrine auto
   98  injectors in the name of an authorized entity for use in
   99  accordance with this section, and pharmacists may dispense
  100  epinephrine auto-injectors pursuant to a prescription issued in
  101  the name of an authorized entity.
  102         (2) MAINTENANCE OF SUPPLY.An authorized entity may acquire
  103  and stock a supply of epinephrine auto-injectors pursuant to a
  104  prescription issued in accordance with this section. Such
  105  epinephrine auto-injectors must be stored in accordance with the
  106  epinephrine auto-injector’s instructions for use and with any
  107  additional requirements that may be established by the
  108  department. An authorized entity shall designate employees or
  109  agents who hold a certificate issued pursuant to s. 381.88 to be
  110  responsible for the storage, maintenance, and general oversight
  111  of epinephrine auto-injectors acquired by the authorized entity.
  112         (3) USE OF EPINEPHRINE AUTO-INJECTORS.—An individual who
  113  holds a certificate issued pursuant to s. 381.88 may, on the
  114  premises of or in connection with the authorized entity, use
  115  epinephrine auto-injectors prescribed pursuant to subsection (1)
  116  to:
  117         (a) Provide an epinephrine auto-injector to a person who
  118  the certified individual in good faith believes is experiencing
  119  a severe allergic reaction for that person’s immediate self
  120  administration, regardless of whether the person has a
  121  prescription for an epinephrine auto-injector or has previously
  122  been diagnosed with an allergy.
  123         (b) Administer an epinephrine auto-injector to a person who
  124  the certified individual in good faith believes is experiencing
  125  a severe allergic reaction, regardless of whether the person has
  126  a prescription for an epinephrine auto-injector or has
  127  previously been diagnosed with an allergy.
  128         (4) EXPANDED AVAILABILITY.—An authorized entity that
  129  acquires a stock supply of epinephrine auto-injectors pursuant
  130  to a prescription issued by an authorized health care
  131  practitioner in accordance with this section may make the auto
  132  injectors available to individuals other than certified
  133  individuals identified in subsection (3) who may administer the
  134  auto-injector to a person believed in good faith to be
  135  experiencing a severe allergic reaction if the epinephrine auto
  136  injectors are stored in a locked, secure container and are made
  137  available only upon remote authorization by an authorized health
  138  care practitioner after consultation with the authorized health
  139  care practitioner by audio, televideo, or other similar means of
  140  electronic communication. Consultation with an authorized health
  141  care practitioner for this purpose is not considered the
  142  practice of telemedicine or otherwise construed as violating any
  143  law or rule regulating the authorized health care practitioner’s
  144  professional practice.
  145         (5) IMMUNITY FROM LIABILITY.
  146         (a) The administration of an epinephrine auto-injector in
  147  accordance with this section is not the practice of medicine.
  148         (b) Any authorized health care practitioner who prescribes
  149  epinephrine auto-injectors to an authorized entity or to an
  150  individual that holds a certificate issued pursuant to s.
  151  381.88; any authorized entity that possesses and makes available
  152  epinephrine auto-injectors; any individual who holds a
  153  certificate issued pursuant to s. 381.88; any noncertified
  154  individual under subsection (4); and any person that conducts
  155  the training under s. 381.88 is not liable for civil damages
  156  that result from the administration or self-administration of an
  157  epinephrine auto-injector, the failure to administer an
  158  epinephrine auto-injector, or any other act or omission
  159  committed, in good faith, pursuant to this section or s. 381.88.
  160         (c) An authorized entity doing business in this state is
  161  not liable for injuries or related damages that result from the
  162  provision or administration of an epinephrine auto-injector by
  163  its employees or agents outside this state if the entity or its
  164  employees or agents would not have been liable for such injuries
  165  or related damages had the provision or administration occurred
  166  within this state, or would not have been liable under the law
  167  of the state in which such provision or administration occurred.
  168         (d) This section does not eliminate, limit, or reduce any
  169  other immunity or defense that may be available under state law,
  170  including the immunity provided under s. 768.13.
  171         Section 3. This act shall take effect July 1, 2014.