AN ACT AUTHORIZING HEALTH CARE PROVIDERS TO PRESCRIBE, AND PHARMACISTS TO DISPENSE, EPINEPHRINE AUTO-INJECTORS TO AUTHORIZED CHILD-SERVING ENTITIES OTHER THAN SCHOOLS FOR THE EMERGENCY TREATMENT OF ANAPHYLAXIS. Enacted October 20, 2015. Effective December 31, 2015.
Summary date: Oct 26 2015 - View summary
Summary date: Sep 29 2015 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 90-21.15A, concerning the emergency treatment using epinephrine auto-injectors as follows. Adds to the definition of the term authorized entity that any person, corporation, or other entity that owns or operates any entity or organization listed is considered an authorized entity. Requires that an authorized entity that acquires and stocks epinephrine auto-injectors must make a good faith effort to store the supply in accordance with the manufacturer's instructions and any additional requirements that may be established by the Department of Health and Human Services (DHHS). Clarifies that employees or agents of an authorized entity or other individuals authorized to use the auto-injectors to perform specified activities must have completed the training required by the statute. Provides that an authorized entity that chooses to acquire and stock a supply of auto-injectors must designate employees or agents to complete an anaphylaxis training program. Makes organizational changes. Requires that the online training program be offered by (1) a nationally recognized organization experienced in training laypersons in emergency health treatment, (2) an entity or individual approved by DHHS, or (3) an online training course that has been approved in another state. Clarifies that the individuals listed are immune from criminal liability and from suit in any civil action brought by any person for injuries or related damages that result from any act or omission taken under the statute. Makes conforming changes. Removes exclusion from immunity for gross negligence. Adds that nothing in the statute creates or imposes any duty, obligation, or basis for liability on any authorized entity, any employee or agent of an authorized entity, or any other individual to acquire, possess, store, make available, or administer an epinephrine auto-injector.
Changes the effective date of the act from October 1, 2015, to December 31, 2015.
Summary date: Apr 20 2015 - View summary
House committee substitute makes the following changes to the 1st edition:
Makes technical and clarifying changes to proposed GS 90-21.15A(c).
Adds language which provides that the NC Board of Pharmacy can adopt temporary and permanent rules addressing the authorization for authorized entities to obtain a prescription for epinephrine for emergency health circumstances.
Summary date: Apr 13 2015 - View summary
Enacts new Article 1B of Chapter 90 to permit health care providers to prescribe epinephrine auto-injectors to "authorized entities" and to permit pharmacists and health care providers to dispense pursuant to such prescriptions. The term authorized entity is defined as an entity or organization (other than a school) where allergens capable of causing anaphylaxis may be present, such as camps, colleges, day care facilities, and amusement parks.
Allows authorized entities to maintain a supply of the auto-injectors. Allows employees or agents of the entities to administer an auto-injector to a person who appears to be experiencing anaphylaxis or to provide the auto-injector directly to that person or to a parent, guardian, or caregiver of that person.
Requires anaphylaxis training for designated employees or agents. Specifies required content for the training and authorized providers.
Provides immunity for authorized entities and their employees or agents, health care providers who prescribe the auto-injectors, pharmacists who fill the prescription, and any person who provides the anaphylaxis training. Also limits liability for authorized entities for acts occurring outside the state.
Provides that the administration of an auto-injector does not constitute the practice of medicine.
Effective October 1, 2015.