ASSEMBLY HEALTH AND SENIOR SERVICES COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4094

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 2, 2015

      The Assembly Health and Senior Services Committee reports favorably and with committee amendments Assembly Bill No. 4094.

      As amended, this bill, which would be known as the “Epinephrine Access and Emergency Treatment Act,” facilitates 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 and received a certificate of completion from an educational program approved by the Commissioner of Health.  The 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.  An entity employing the person would be authorized to obtain, maintain, and make available to the person epinephrine auto-injector devices consistent with such standards and protocols as the commissioner may establish by regulation.

      As amended, the bill provides 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, immunity from civil liability would apply to: a person authorized to administer an epinephrine auto-injector device, 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; an entity authorized to obtain, maintain, and make available the devices to an authorized person employed by the entity for any act or omission which is undertaken in good faith in accordance with the bill; and a person or entity conducting an educational program approved by the commissioner for any act or omission undertaken in accordance with the bill. The bill provides that good faith does not include willful misconduct, gross negligence, or recklessness.

      As amended, nothing in the bill would be construed to: (1) permit a person who has completed a training program under the bill to perform the duties or fill the position of a licensed medical professional; (2) prohibit the administration of an epinephrine auto-injector device by a person acting pursuant to a lawful prescription; (3) prevent a licensed and qualified member of a health care profession from administering an epinephrine auto-injector device if consistent with the duties and accepted standards of practice applicable to the member’s profession; or (4) 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 the bill.

COMMITTEE AMENDMENTS:

      The committee amendments name the bill the “Epinephrine Access and Emergency Treatment Act” and add a legislative findings and declarations section.

      The committee amendments revise the definition section to provide that the “scope of practice” requirement for health care professionals refers to prescribing, dispensing, or administering “medication,” rather than “epinephrine auto-injector devices.”

      The committee amendments clarify that an entity employing a person authorized to administer epinephrine auto-injector devices may, consistent with such standards and protocols as the Commissioner of Health may establish by regulation, obtain, maintain, and make available epinephrine auto-injector devices to the person.  The amendments also provide that the entity is immune from civil liability for any acts or omissions undertaken in good faith in connection with the bill.

      The committee amendments further revise the civil immunity provisions of the bill to apply a person or entity conducting an authorized educational program, and to provide that “good faith” does not include willful misconduct, gross negligence, or recklessness.

      The committee amendments provide that nothing in the bill would be construed to: (1) permit a person who has completed a training program to perform the duties or fill the position of a licensed medical professional; (2) prohibit the administration of an epinephrine auto-injector device by a person acting pursuant to a lawful prescription; (3) prevent a licensed and qualified member of a health care profession from administering an epinephrine auto-injector device if consistent with accepted standards of practice; or (4) violate the “Athletic Training Licensure Act.”  The amendments also remove certain language concerning health care professionals and emergency medical technicians, as this language is obviated by the amendments.

      The committee amendments make certain other technical revisions to the language and structure of the bill.

      The committee amendments revise the synopsis to reflect the title of the bill.