September 15, 2016, Introduced by Rep. Lyons and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17744d (MCL 333.17744d), as added by 2015 PA
221.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
17744d. (1) This section only applies to an authorized
entity
as defined in section 17744a(5)(b) that acquires and stocks
a
supply of auto-injectable epinephrine as authorized in section
17744a.
An authorized entity shall store
auto-injectable
epinephrine in a location readily accessible in an emergency and in
accordance with the auto-injectable epinephrine's instructions for
use and any additional requirements that are established by the
department. An authorized entity shall designate an employee or
agent who has completed the training required under this section to
be responsible for the storage, maintenance, and general oversight
of the auto-injectable epinephrine acquired by the authorized
entity.
(2) An employee or agent of an authorized entity or other
individual, which employee, agent, or individual has completed the
training required under this section, may, on the premises of or in
connection with the conduct of the business or activity of the
authorized entity, use auto-injectable epinephrine prescribed under
section 17744a to do any of the following:
(a) Provide auto-injectable epinephrine to an individual who
the employee, agent, or other individual believes in good faith is
experiencing anaphylaxis for immediate self-administration,
regardless of whether the individual has a prescription for auto-
injectable epinephrine or has previously been diagnosed with an
allergy.
(b) Administer auto-injectable epinephrine to an individual
who the employee, agent, or other individual believes in good faith
is experiencing anaphylaxis, regardless of whether the individual
has a prescription for auto-injectable epinephrine or has
previously been diagnosed with an allergy.
(3) Before providing or administering auto-injectable
epinephrine made available by an authorized entity, an employee,
agent, or other individual described in subsection (2) must
complete an initial anaphylaxis training program and a subsequent
anaphylaxis training program at least every 2 years following
completion of the most recently completed anaphylaxis training
program that meets all of the following requirements:
(a) Is conducted by a nationally recognized organization
experienced in training laypersons in emergency health treatment or
by a person, entity, or class of individuals approved by the
department of health and human services.
(b) Is conducted online or in person.
(c) At a minimum, covers all of the following:
(i) Techniques on how to recognize symptoms of severe allergic
reactions, including anaphylaxis.
(ii) Standards and procedures for the storage and
administration of auto-injectable epinephrine.
(iii) Emergency follow-up procedures.
(4) An organization, person, entity, or class of individuals
that conducts an anaphylaxis training program described in
subsection (3) shall issue a certificate, on a form developed or
approved by the department of health and human services, to each
individual who successfully completes the anaphylaxis training
program.
(5) Except as otherwise provided in this subsection, an
authorized entity and its employees, agents, and other trained
individuals that have acted in accordance with the requirements of
subsections (1) to (4); an individual who uses auto-injectable
epinephrine obtained in accordance with the requirements of
subsections (1) to (4) and made available under subsection (7); or
an organization, person, entity, or class of individuals that
conducts an anaphylaxis training program described in and conducted
in accordance with subsection (3) is not liable for any injuries or
related damages that result from the administration or self-
administration of auto-injectable epinephrine, the failure to
administer auto-injectable epinephrine, or any other act or
omission taken pursuant to this section. This subsection does not
apply to acts or omissions that constitute willful misconduct or
wanton misconduct. The administration of auto-injectable
epinephrine as authorized in this section is not the practice of
medicine. This section does not eliminate, limit, or reduce any
other immunity or defense that may be available under the laws of
this state. An authorized entity located in this state is not
liable for any injuries or related damages that result from
providing or administering auto-injectable epinephrine by its
employees or agents outside of this state if either of the
following requirements is met:
(a) The authorized entity or its employee or agent would not
have been liable for the injuries or related damages had the
provision or administration occurred in this state.
(b) The authorized entity or its employee or agent is not
liable for the injuries or related damages under the law of the
state in which the provision or administration occurred.
(6) An authorized entity shall submit to the department of
health and human services, on a form prescribed by the department
of health and human services, a report of each incident on the
premises of or in connection with the conduct of the business or
activity of the authorized entity that involves the administration
of auto-injectable epinephrine. The department of health and human
services shall annually publish a report that summarizes and
analyzes all reports submitted to it under this subsection.
(7) An authorized entity may make auto-injectable epinephrine
available to an individual other than an employee, agent, or
individual described in subsection (2), and the other individual
may administer auto-injectable epinephrine to any individual he or
she believes in good faith to be experiencing anaphylaxis, if the
auto-injectable epinephrine is stored in a locked, secure container
and is made available only upon remote authorization by an
authorized health care provider after consultation with the
authorized health care provider by audio, televideo, or other
similar means of electronic communication. Consultation with an
authorized health care provider for the purpose of this subsection
is not the practice of telemedicine and does not violate any law or
rule regulating the authorized health care provider's scope of
practice. As used in this subsection, "authorized health care
provider" means a prescriber as that term is defined in section
17708 other than a licensed dentist, licensed optometrist, or
licensed veterinarian.
(8) As used in this section, "authorized entity" means an
authorized entity as defined in section 17744a(5)(b) that acquires
and stocks a supply of auto-injectable epinephrine as authorized in
section 17744a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.