A4094

An Act concerning access to epinephrine auto-injectors and supplementing Title 24 of the Revised Statutes.

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

1. As used in this act, “health care professional” means a physician, physician assistant, advanced practice nurse, pharmacist, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes and whose scope of practice includes prescribing, dispensing, or administering epinephrine auto-injector devices.

2. Any person who has successfully completed an educational program approved by the Commissioner of Health pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) to administer an epinephrine auto-injector device shall be authorized to administer, maintain, and dispose of an epinephrine auto-injector device.

This section shall not apply to a health care professional who is authorized to administer an epinephrine auto-injector device in the course of the professional’s practice or to an emergency medical technician who is certified to administer an epinephrine auto-injector device pursuant to P.L.2003, c.1 (C.26:2K-47.1 et seq.).

3. The commissioner shall establish written standards and application procedures for approval of educational programs for the safe administration of epinephrine using an auto-injector device. An educational program shall include training in the administration of epinephrine auto-injector devices, recognition of the symptoms of anaphylaxis, safe maintenance and storage of epinephrine auto-injector devices, and such other information as the commissioner deems necessary.

4. A health care professional shall be authorized, consistent with the scope of that professional’s practice, to 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 section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or to an entity employing such person if administration of an epinephrine auto-injector device is within the scope of the person’s employment.

5. 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 prescribing or dispensing an epinephrine auto-injector device consistent with section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. A person authorized to administer, maintain, or dispose of an epinephrine auto-injector device under section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) 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.

6. This act shall take effect on the 120th day after enactment, but the Commissioner of Health may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill would facilitate access to epinephrine auto-injector devices, which may be used to treat symptoms of life-threatening allergic reactions, known as anaphylaxis, by persons who have completed an educational program approved by the Commissioner of Health. This authorization would not apply to health care professionals and emergency medical technicians who are otherwise authorized to administer the devices in the scope of their practice.

Educational programs would include training in the administration of epinephrine auto-injector devices, recognition of the symptoms of anaphylaxis, safe maintenance and storage of the devices, and such other information as the commissioner deems necessary.

Health care professionals would be authorized to prescribe and 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 under the bill or to an entity employing the person if administration of an epinephrine auto-injector device is within the scope of that person’s employment.

The bill would provide that health care professionals are immune from civil and professional liability for prescribing or dispensing an epinephrine auto-injector device in accordance with the bill. Additionally, a person authorized to administer an epinephrine auto-injector device under the bill would be immune from civil liability for administering the device in good faith and without fee to a person who appears to be suffering from anaphylaxis or any other serious condition treatable with epinephrine.