A4911

An Act concerning epinephrine and amending various parts of the statutory law.

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

1. Section 1 of P.L.1997, c.368 (C.18A:40-12.5) is amended to read as follows:

1. Each board of education or chief school administrator of a nonpublic school shall develop a policy in accordance with the guidelines established by the Department of Education pursuant to section 4 of P.L.2007, c.57 (C.18A:40-12.6a) for the emergency administration of epinephrine via a pre-filled auto-injector mechanism or nasal spray to a pupil for anaphylaxis provided that:

a. the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written authorization for the administration of the epinephrine;

b. the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written orders from the physician or advanced practice nurse that the pupil requires the administration of epinephrine for anaphylaxis;

c. the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees or agents shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism or nasal spray;

d. the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or the nonpublic school shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism or nasal spray to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents or the nonpublic school and its employees or agents against any claims arising out of the administration of the epinephrine via a pre-filled auto-injector mechanism or nasal spray; and

e. the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in subsections a. through d. of this section.

The policy developed by a board of education or chief school administrator of a nonpublic school shall require:

(1) the placement of a pupil's prescribed epinephrine in a secure but unlocked location easily accessible by the school nurse and designees to ensure prompt availability in the event of an allergic emergency at school or at a school-sponsored function. The location of the epinephrine shall be indicated on the pupil's emergency care plan. Back-up epinephrine via a pre-filled auto-injector mechanism, epinephrine nasal spray, or both, shall also be available at the school if needed;

(2) the school nurse or designee to be promptly available on site at the school and school-sponsored functions in the event of an allergic reaction; and

(3) the transportation of the pupil to a hospital emergency room by emergency services personnel after the administration of epinephrine, even if the pupil's symptoms appear to have resolved.

f. The policy developed by a board of education or chief school administrator of a nonpublic school shall also:

(1) permit the school nurse or trained designee to administer epinephrine via a pre-filled auto-injector mechanism or nasal spray to any pupil without a known history of anaphylaxis or any pupil whose parent or guardian has not met the requirements of subsections a., b., and d. of this section and has not received the notice required pursuant to subsection c. of this section when the nurse or designee in good faith believes that the pupil is having an anaphylactic reaction; and

(2) require each public and nonpublic school to maintain in a secure but unlocked and easily accessible location a supply of epinephrine auto-injectors and epinephrine nasal sprays that is prescribed under a standing protocol from a licensed physician or an advanced practice nurse, and is accessible to the school nurse and trained designees for administration to a pupil having an anaphylactic reaction.

(cf: P.L.2015, c.13, s.1)

2. Section 2 of P.L.1997, c.368 (C.18A:40-12.6) is amended to read as follows:

2. The policy for the administration of medication to a pupil shall provide that the school nurse shall have the primary responsibility for the administration of the epinephrine. The school nurse shall designate, in consultation with the board of education, or chief school administrator of a nonpublic school additional employees of the school district or nonpublic school who volunteer to administer epinephrine via a pre-filled auto-injector mechanism or nasal spray to a pupil for anaphylaxis when the nurse is not physically present at the scene. In the event that a licensed athletic trainer volunteers to administer epinephrine, it shall not constitute a violation of the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).

Except as otherwise provided pursuant to subsection f. of section 1 of P.L.1997, c.368 (C.18A:40-12.5), the school nurse shall determine that:

a. the designees have been properly trained in the administration of the epinephrine via a pre-filled auto-injector mechanism, nasal spray, or both, using standardized training protocols established by the Department of Education in consultation with the Department of Health;

b. the parents or guardians of the pupil consent in writing to the administration of the epinephrine via a pre-filled auto-injector mechanism or nasal spray by the designees;

c. the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees and agents shall have no liability as a result of any injury arising from the administration of the epinephrine to the pupil;

d. the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or nonpublic school shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism or nasal spray to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents against any claims arising out of the administration of the epinephrine via a pre-filled auto-injector mechanism or nasal spray to the pupil; and

The Department of Education, in consultation with the Department of Health, shall require trained designees for students enrolled in a school who may require the emergency administration of epinephrine for anaphylaxis when the school nurse is not available.

Nothing in this section shall be construed to prohibit the emergency administration of epinephrine via a pre-filled auto-injector mechanism or nasal spray to a pupil for anaphylaxis by the school nurse or other employees designated pursuant to this section when the pupil is authorized to self-administer epinephrine pursuant to section 1 of P.L.1993, c.308 (C.18A:40-12.3), or when there is a coexisting diagnosis of asthma, or when a prescription is received from a licensed health care professional for epinephrine coupled with another form of medication, or when the epinephrine is administered pursuant to subsection f. of section 1 of P.L.1997, c.368 (C.18A:40-12.5).

(cf: P.L.2015, c.13, s.2)

3. Section 3 of P.L.2013, c.211 (C.18A:61D-13) is amended to read as follows:

3. As used in this act:

"Institution of higher education" means a public or independent institution of higher education.

"Licensed campus medical professional" means a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey and is designated by an institution of higher education to oversee the institution's epinephrine administration and training program.

"Member of the campus community" means an individual who is a student, faculty, or staff member of an institution of higher education.

"Secretary" means the Secretary of Higher Education.

"Trained designee" means a member of the campus community trained by a licensed campus medical professional in the emergency administration of epinephrine via a pre-filled auto-injector mechanism, nasal spray, or both.

(cf: P.L.2013, c.211, s.3)

4. Section 4 of P.L.2013, c.211 (C.18A:61D-14) is amended to read as follows:

4. a. An institution of higher education may develop a policy, in accordance with the guidelines established by the secretary pursuant to section 6 of P.L.2013, c.211 (C.18A:61D-16), for the emergency administration of epinephrine via a pre-filled auto-injector mechanism, nasal spray, or both to a member of the campus community for anaphylaxis when a medical professional is not available. The policy shall:

(1) permit a trained designee, under the guidance of a licensed campus medical professional, to administer epinephrine via a pre-filled auto-injector mechanism or nasal spray to a member of the campus community for whom the designee is responsible, when the designee in good faith believes that the member of the campus community is having an anaphylactic reaction;

(2) permit a trained designee, when responsible for the safety of one or more members of the campus community, to carry in a secure but easily accessible location a supply of pre-filled epinephrine auto-injectors and epinephrine nasal sprays that is prescribed under a standing protocol from a licensed physician; and

(3) provide that the licensed campus medical professional shall have responsibility for: training designees on how to identify an anaphylactic reaction, how to identify the indications for when to use epinephrine, and how to administer epinephrine via a pre-filled auto-injector mechanism, nasal spray, or both; and distributing prescribed pre-filled epinephrine auto-injectors and epinephrine nasal sprays to trained designees.

b. Each institution of higher education that develops a policy pursuant to subsection a. of this section shall designate a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey to serve as the licensed campus medical professional.

c. A licensed campus medical professional is authorized to:

(1) establish and administer a standardized training protocol for the emergency administration of epinephrine by trained designees;

(2) ensure that trained designees have satisfactorily completed the training protocol;

(3) obtain a supply of pre-filled epinephrine auto-injectors, epinephrine nasal sprays, or both, under a standing protocol from a licensed physician; and

(4) control distribution to trained designees of pre-filled epinephrine auto-injectors and epinephrine nasal sprays.

(cf: P.L.2013, c.211, s.4)

5. Section 8 of P.L.2013, c.211 (C.18A:61D-18) is amended to read as follows:

8. Nothing in this act shall be construed to:

a. permit a trained designee to perform the duties or fill the position of a licensed medical professional;

b. prohibit the administration of a pre-filled epinephrine auto-injector mechanism or epinephrine nasal spray by a person acting pursuant to a lawful prescription;

c. prevent a licensed and qualified member of a health care profession from administering a pre-filled epinephrine auto-injector mechanism or epinephrine nasal spray if the duties are consistent with the accepted standards of the member's profession; or

d. violate the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.) in the event that a licensed athletic trainer administers epinephrine to a member of the campus community as a trained designee pursuant to this act.

(cf: P.L.2013, c.211, s.8)

6. Section 4 of P.L.2015, c.215 (C.24:6L-4) is amended to read as follows:

4. a. Any person who has successfully completed an educational program approved by the commissioner pursuant to section 5 of this act to administer [an] epinephrine using an auto-injector device or an epinephrine nasal spray shall be issued a certificate of completion, which shall authorize the person to administer, maintain, and dispose of an epinephrine auto-injector device or epinephrine nasal spray.

b. A licensed health care professional may prescribe or dispense an epinephrine auto-injector device or nasal spray, either directly or through a standing order, to a person authorized to administer, maintain, and dispose of the device or nasal spray pursuant to subsection a. of this section.

c. An entity employing a person authorized to administer, maintain, and dispose of an epinephrine auto-injector device or epinephrine nasal spray pursuant to subsection a. of this section may obtain, maintain, and make available to the authorized person epinephrine auto-injector devices or epinephrine nasal sprays, as applicable, consistent with such standards and protocols as the commissioner may establish by regulation.

(cf: P.L.2015, c.215, s.4)

7. Section 5 of P.L.2015, c.215 (C.24:6L-5) is amended to read as follows:

5. 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 or an epinephrine nasal spray. An educational program shall include training in the administration of epinephrine using auto-injector devices, nasal sprays, or both, recognition of the symptoms of anaphylaxis, safe maintenance and storage of epinephrine auto-injector devices and nasal sprays, as applicable, and such other information as the commissioner deems necessary.

(cf: P.L.2015, c.215, s.5)

8. Section 6 of P.L.2015, c.215 (C.24:6L-6) is amended to read as follows:

6. 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 any act or omission which is undertaken in good faith in accordance with this act.

b. A person authorized to administer, maintain, or dispose of an epinephrine auto-injector device or epinephrine nasal spray under subsection a. of section 4 of this act who, in good faith and without fee, administers an epinephrine auto-injector device or epinephrine nasal spray 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 or nasal spray consistent with this act.

c. An entity authorized to obtain, maintain, and make available epinephrine auto injector devices and epinephrine nasal sprays to a person employed by the entity pursuant to subsection c. of section 4 of this act shall not, as a result of the entity's acts or omissions, be subject to any civil liability for any act or omission which is undertaken in good faith in accordance with this act.

d. A person or entity conducting an educational program approved by the commissioner as provided in section 5 of this act shall not be subject to any civil liability for any act or omission which is undertaken in accordance with this act.

e. For the purposes of this section, good faith does not include willful misconduct, gross negligence, or recklessness.

(cf: P.L.2015, c.215, s.6)

9. Section 7 of P.L.2015, c.215 (C.24:6L-7) is amended to read as follows:

7. Nothing in this act shall be construed to:

a. permit a person who has completed a training program pursuant to this act to perform the duties or fill the position of a licensed medical professional;

b. prohibit the administration of an epinephrine auto-injector device or epinephrine nasal spray by a person acting pursuant to a lawful prescription;

c. prevent a licensed and qualified member of a health care profession from administering an epinephrine auto-injector device or epinephrine nasal spray if the duties are consistent with the accepted standards of practice applicable to the member's profession; or

d. violate the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.) in the event that a licensed athletic trainer administers epinephrine as authorized pursuant to this act.

(cf: P.L.2015, c.215, s.7)

10. 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 auto-injector device or epinephrine nasal spray shall administer, maintain and dispose of the device or nasal spray in accordance with rules and regulations adopted by the commissioner.

Each administration of an epinephrine auto-injector device or epinephrine nasal spray pursuant to this act 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 auto-injector devices, epinephrine nasal sprays, or both; and passes an examination in the administration of the devices, nasal sprays, or both, as applicable, which is approved by the commissioner.

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.

d. The commissioner shall annually compile a list of emergency medical technicians who have obtained certification to administer an epinephrine auto-injector device or epinephrine nasal spray 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 auto-injector device, epinephrine nasal spray, 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)

11. 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 auto-injector device or epinephrine nasal spray pursuant to section 2 of this act may purchase, store or transport the devices or nasal sprays, as applicable, 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)

12. 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 epinephrine auto-injector device or epinephrine nasal spray unless the person is authorized to do so pursuant to this act.

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

13. 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 auto-injector device or epinephrine nasal spray pursuant to section 2 of this act, 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 or nasal spray in good faith and in accordance with the provisions of this act.

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

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

8. Nothing in this act shall be construed to:

a. permit a person certified to administer an epinephrine auto-injector device or epinephrine nasal spray pursuant to section 2 of this act 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 auto-injector device or epinephrine nasal spray by a person acting pursuant to a lawful prescription or pursuant to the provisions of P.L.2015, c.215 (C.24:6L-1 et seq.); or

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

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

15. Section 10 of P.L.2015, c.215 (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, including medical protocols for the administration of epinephrine auto-injector devices and epinephrine nasal sprays, in consultation with the State mobile intensive care advisory council and the EMS Council of 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)

16. Section 4 of P.L.2015, c.215 (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 auto-injector devices or epinephrine nasal sprays 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 auto-injector devices and epinephrine nasal sprays pursuant to P.L.2003, c.1 (C.26:2K-47.1 et al.).

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

17. Section 3 of P.L.2015, c.231 (C.26:12-19) is amended to read as follows:

3. As used in this act:

"Commissioner" means the Commissioner of Health.

"Member of the youth camp community" means a person who is a camper at, or a staff member of, a youth camp.

"Professionally qualified health care provider" means a licensed health care professional whose authorized scope of practice includes the administration of medication, whether independently, or through a joint protocol or standing order from a physician.

"Trained designee" means a youth camp staff member who has been trained by the youth camp health director or, if the youth camp health director is not professionally qualified to administer epinephrine, by a professionally qualified health care provider, in the detection of anaphylaxis and the emergency administration of epinephrine using a pre-filled auto-injector mechanism, nasal spray, or both.

"Youth camp" means the same as that term is defined by section 3 of P.L.1973, c.375 (C.26:12-3).

"Youth camp health director" means and includes a person, 18 years of age or older, who meets the qualifications required by N.J.A.C.8:25-5.2 and who is responsible for the proper medical recordkeeping, care, and treatment of campers at a youth camp. Youth camps that do not have a health director who is a medical professional may use one of the following options: a youth camp health director trained in the emergency administration of epinephrine via [a] pre-filled auto-injector [mechanism] mechanisms, nasal sprays, or both, by the professionally qualified health care provider responsible for writing the prescription with documentation; an emergency medical technician certified in the emergency administration of epinephrine using auto-injector [administration] devices and nasal sprays; or an individual trained in the detection of anaphylaxis and the emergency administration of epinephrine using [a] pre-filled auto-injector [device] devices, nasal sprays, or both.

"Youth camp operator" means the same as that term is defined by section 3 of P.L.1973, c.375 (C.26:12-3).

(cf: P.L.2015, c.231, s.3)

18. Section 4 of P.L.2015, c.231 (C.26:12-20) is amended to read as follows:

4. a. A youth camp operator, as part of a youth camp medical program, and in accordance with the provisions of the "New Jersey Youth Camp Safety Act," P.L.1973, c.375 (C.26:12-1 et seq.) and rules and regulations adopted by the Department of Health pursuant thereto, may develop a policy for the emergency administration of epinephrine via [a] pre-filled auto-injector [mechanism] mechanisms, nasal sprays, or both, to a member of the youth camp community for anaphylaxis when a professionally qualified health care provider is not immediately available. The policy shall:

(1) permit the youth camp health director and trained designees to administer epinephrine via a pre-filled auto-injector mechanism or nasal spray to a member of the youth camp community for whom the youth camp health director or trained designee is responsible, when the youth camp health director or trained designee believes, in good faith, that the member of the youth camp community is having an anaphylactic reaction; [and]

(2) permit the youth camp health director and trained designees, when responsible for the safety of one or more members of the youth camp community, to carry, in a secure but easily accessible location, a supply of pre-filled epinephrine auto-injectors, epinephrine nasal sprays, or both, that is prescribed under a standing protocol from a licensed physician or other authorized prescriber; and

(3) if the youth camp health director is not a medical professional, only permit the administration of epinephrine using pre-filled epinephrine auto-injector mechanisms if the youth camp health director has completed the training required for pre-filled epinephrine auto-injector mechanisms, and only permit the administration of epinephrine using nasal sprays if the youth camp health director has completed the training required for epinephrine nasal sprays. Nothing in this section shall be construed to prohibit a youth camp health director who is not a medical professional from completing training on the use of both pre-filled epinephrine auto-injector mechanisms and epinephrine nasal sprays.

b. If a youth camp develops a policy for the emergency administration of epinephrine via a pre-filled auto-injector mechanism or nasal spray, the youth camp operator, in cooperation with the youth camp health director, shall:

(1) maintain and adhere to a standardized training protocol for the emergency administration of epinephrine by trained designees under the youth camp medical program, which training protocol shall be established and administered by a professionally qualified health care provider;

(2) ensure that trained designees have satisfactorily completed the training protocol;

(3) obtain and maintain a supply of pre-filled epinephrine auto-injectors, nasal sprays, or both, as applicable, pursuant to a standing protocol from a licensed physician or other authorized prescriber, for use by the youth camp health director and trained designees in emergency anaphylaxis situations; and

(4) establish protocols and one or more secure locations for the safe and accessible storage of the youth camp's supply of pre-filled epinephrine auto-injectors and epinephrine nasal sprays.

(cf: P.L.2015, c.231, s.4)

19. Section 6 of P.L.2015, c.231 (C.26:12-22) is amended to read as follows:

6. Nothing in this act shall be construed to:

a. permit a trained designee to perform the duties or fill the position of a licensed medical professional;

b. prohibit the administration of a pre-filled epinephrine auto-injector mechanism or epinephrine nasal spray by a person acting pursuant to a lawful prescription or pursuant to the provisions of P.L.2015, c.215 (C.24:6L-1 et seq.);

d. violate the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.) in the event that a licensed athletic trainer administers epinephrine to a member of the youth camp community as a trained designee pursuant to this act; or

e. require written authorization from a camper's parent or guardian, or from any youth camp staff member, prior to the emergency administration of epinephrine when:

(1) there is no identified medical diagnosis involving risk of anaphylaxis on record with the youth camp health director; or

(2) there is a medical diagnosis involving risk of anaphylaxis recorded with the youth camp health director, but the pre-filled epinephrine auto-injector or epinephrine nasal spray was not provided to the youth camp by the camper or by the camper's parent or authorized guardian.

(cf: P.L.2015, c.231, s.6)

20. This act shall take effect immediately.

STATEMENT

This bill revises current laws concerning access to, and administration of, epinephrine auto-injector devices, to make those laws applicable to epinephrine nasal sprays as well. Epinephrine is a drug that is frequently used to treat anaphylaxis, which is a severe allergic reaction typically caused by exposure to certain foods or insect bites.

Specifically, current law provides that:

· Boards of education and nonpublic school administrators are required to develop policies concerning the emergency administration of epinephrine to a student for anaphylaxis via a pre-filled auto-injector mechanism;

· Public and independent institutions of higher education in New Jersey are permitted to develop a policy for the emergency administration of epinephrine for anaphylaxis via a pre-filled auto-injector mechanism;

· Any person who completes an educational program approved by the Commissioner of Health may obtain, administer, and dispose of an epinephrine auto-injector device;

· Emergency medical technicians who complete a training course and register with the Department of Health may carry epinephrine auto-injector devices on emergency medical services vehicles and administer the devices to treat patients; and

· Youth camps that meet certain requirements may obtain, maintain a supply of, and administer epinephrine auto-injector devices.

These laws generally provide civil immunity for anyone who obtains or administers an epinephrine auto-injector device consistent with all statutory requirements.

This bill will apply these same provisions of law to epinephrine nasal sprays, which are an alternate means of administering epinephrine. Although no epinephrine nasal spray products have received final approval by the U.S. Food and Drug Administration, at least two products have been granted fast track status by the agency. It is the sponsor’s intent to align State laws concerning epinephrine with the anticipated approval of epinephrine nasal spray products.