BILL ANALYSIS Ó SB 669 Page 1 Date of Hearing: July 2, 2013 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Richard S. Gordon, Chair SB 669 (Huff) - As Amended: May 28, 2013 SENATE VOTE : 38-0 SUBJECT : Emergency medical care: epinephrine auto-injectors. SUMMARY : Permits a prehospital emergency medical care person, first responder, or lay rescuer to obtain and use an epinephrine auto-injector (EA) in emergency situations with certification of training, as specified. Specifically, this bill : 1)Permits a pharmacy to dispense EAs to a prehospital emergency medical care person, first responder, or lay rescuer for the purpose of rendering emergency care, as specified, if both of the following requirements are met: a) A physician and surgeon provides a written order, as follows, that specifies the quantity of EAs to be dispensed to prehospital emergency medical care person, first responder, or a lay rescuer: i) The physician and surgeon has issued the prescription upon presentation of a current certificate demonstrating that the person is trained and qualified, as specified, to administer an EA to another person in an emergency situation; and, ii) The prescription specifies that the dispensed EA is for "EMS [California Emergency Medical Services Authority] Purposes Only" and that the named recipient is a "Section 1797.197a Responder;" and a new prescription is required for any additional EAs; and, b) The pharmacy labels each EA dispensed with all of the following: i) The name of the person to whom the prescription was issued; ii) The designations "Section 1797.197a Responder" and SB 669 Page 2 "EMS Purposes Only"; and, iii) The dosage, use, and expiration date. c) Requires each dispensed prescription to include the manufacturer's product information sheet for the EA. 2)Requires each person receiving EAs according to this bill to make and maintain a record for five years reflecting dates of receipt, use, and destruction of each EA dispensed, the name of any person to whom epinephrine was administered using an EA, and the circumstances and manner of destruction of any EAs. 3)States that the EAs dispensed pursuant to this bill may only be used for the following purposes and circumstances: a) The EA is legally obtained by prescription from an authorized health care provider for the purpose of rendering emergency care to another person, upon presentation of current certification demonstrating that person is trained and qualified to administer an epinephrine auto-injector as a prehospital emergency medical care person, first responder, or lay rescuer; b) The EA is only used on another person, with the expressed or implied consent of that person, to treat anaphylaxis; c) The EA is stored and maintained as directed by the manufacturer's instructions for that product; and, d) The person using the EA has successfully completed a course of training with an authorized training provider, as specified, and has current certification of training issued by the provider. 4)Requires authorized training providers to be approved, and the minimum standards for training and the use and administration of EAs to be established and approved, by EMS. 5)Permits EMS to designate existing training standards for the use and administration of EAs by first responders and prehospital emergency medical care personnel to satisfy the requirements of this section. SB 669 Page 3 6)Requires the following to be included in the minimum training and requirements: a) Techniques for recognizing circumstances, signs, and symptoms of anaphylaxis; b) Standards and procedures for proper storage and emergency use of EAs; c) Emergency follow-up procedures, including activation of the Emergency Medical System, by calling the emergency 911 telephone number or otherwise alerting and summoning more advanced medical personnel and services; d) Compliance with all regulations governing the training, indications, use, and precautions concerning EAs; e) Written material covering the information required under this bill, including the manufacturer product information sheets on commonly available models of EAs; and, f) Completion of a training course in cardiopulmonary resuscitation (CPR) and the use of an automatic external defibrillator for infants, children, and adults that complies with regulations adopted by EMS and the standards of the American Heart Association or the American Red Cross, and a current certification for that training. 7)States that certification of training shall be valid for no more than two years, after which recertification with an authorized training provider is required. 8)Exempts certain provisions of this bill for a school district or county office of education, or its personnel, which provides and utilizes EAs to provide emergency medical aid, as specified. 9)States that this bill shall not be construed to limit or restrict the ability of prehospital emergency medical care personnel, under any other statute or regulation, to administer epinephrine, including the use of EAs, or to require additional training or certification beyond what is already required under the other statute or regulation. SB 669 Page 4 10)States that any person authorized by this bill who administers an EA, in good faith and not for compensation, to another person who appears to be experiencing anaphylaxis at the scene of an emergency situation is not liable for any civil damages resulting from his or her acts or omissions in administering the EA, if that person has complied with the requirements and standards of this bill. 11)States that the liability exemption shall not apply in a case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care treatment by the use of an EA. 12)States that to encourage the training of authorized persons in the emergency administration of EAs, and to encourage that emergency care, a local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises the training of those persons, or develops standards in accordance with this bill, including, but not limited to, EMS; the local emergency medical system agency; the county department of health; the State Department of Public Health; the American Academy of Allergy, Asthma & Immunology; the American Academy of Pediatrics; the American Heart Association; the American Red Cross; and the California Medical Association; shall not be liable for civil damages alleged to result from those training programs or standards. 13)States that the protection for training groups shall not apply when it is alleged that the personal injury or wrongful death was proximately caused by an authorized training provider's failure to meet the minimal statutory training requirements and standards established, or it is alleged that the authorized training provider otherwise demonstrated gross negligence in the training or certification of an individual whose subsequent actions caused personal injury or wrongful death in the rendering of emergency care treatment by the use of an EA. 14)States that nothing in this bill relieves a manufacturer, designer, developer, distributor, or supplier of an EA of liability under any other applicable law. a) Defines the terms "Anaphylaxis," "EA," "First responder," "Lay rescuer," and "Prehospital emergency SB 669 Page 5 medical care person." 15)States that no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. EXISTING LAW : 1)Requires EMS to establish training and standards for all prehospital emergency care personnel regarding the characteristics and method of assessment and treatment of anaphylactic reactions and the use of epinephrine. Existing law also requires EMS to promulgate regulations regarding these matters for use by all prehospital emergency medical care personnel. (Health and Safety Code Section 1797.197) 2)Permits a pharmacy to furnish EAs to a school district or county office of education if all of the following are met: a) The EAs are furnished exclusively for use at a school district site or county office of education; and b) A physician and surgeon provides a written order that specifies the quantity of EAs to be furnished. (Business and Professions Code Section 4119.2(a)) 3)Permits a school district or county office of education to provide emergency EAs to trained personnel, and permits trained personnel to utilize those EAs to provide emergency medical aid to persons suffering from an anaphylactic reaction. (Education Code (EC) Section 49414(a)) 4)Permits a school nurse, or if the school does not have a school nurse, a person who has received training, as specified, to do the following: a) Obtain from the school district physician, the medical director of the local health department, or the local emergency medical services director a prescription for EAs; SB 669 Page 6 and, b) Immediately administer an EA to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. (EC 49414) 5)Requires the Superintendent of Public Instruction to establish minimum standards of training for the administration of EAs that satisfy minimum statutory training requirements, as specified, and requires that the Superintendent consult with specified organizations and providers with expertise in administering EAs and administering medication in a school environment. (EC 49414(e)(1)) FISCAL EFFECT : Unknown COMMENTS : 1)Purpose of this bill . This bill authorizes prehospital emergency medical care personnel, first responders and lay rescuers to obtain and use an EA in emergency situations after receiving certification of training. SB 669 is aimed at expanding the use of EA's by authorizing additional qualified personnel to use them and granting immunity from civil liability when used properly. This bill is sponsored by Conference of California Bar Associations. 2)Author's statement . According to the author's office, "California law permits school nurses and trained personnel to obtain and use [EAs] to provide emergency medical aid to students experiencing anaphylactic shock, where authorized by local school board or county offices of education, and permits school nurses and designated personnel to assist a student in the self-administration of an epinephrine auto-injector provided a current authorization and release is on file. These laws are consistent with laws adopted across the nation reflecting the understanding that the timely administration of epinephrine is essential to avoiding serious injury or death in cases of anaphylaxis, and that epinephrine auto-injectors - which contain carefully metered doses of this life-saving medication - are safe to administer by properly trained individuals. [EAs] are safe, consumer-friendly, in widespread SB 669 Page 7 distribution, intended to be carried and self-administered by adults and even children to protect against life-threatening anaphylactic shock. "The problem is that the risk of anaphylaxis is not limited to children, nor is it limited to school or home. Suffocation and death from an anaphylactic reaction to substances can occur anywhere, anytime, to anyone, without warning or adequate time to obtain definitive medical care. Under current law, it is illegal for first responders to possess or carry [EAs] to save lives for anyone else suffering anaphylaxis, be it in the wilderness, or even in the community where medical care cannot be timely obtained. Not everyone who has been prescribed an [EA] will have it at the time of need. Not everyone who has one will be able to self-administer it in time. Further, not everyone who suffers a potentially lethal anaphylactic reaction will have known of their allergic predisposition in advance, much less have had an [EA] prescribed. Yet, people are unnecessarily exposed to the real risk of death. People die from anaphylaxis because what they need---epinephrine---is not always readily available by someone who can legally administer it. "SB 669 addresses this real but unnecessary problem. It allows those group leaders or first responders who successfully complete a certified training course, to obtain and use [EA] to provide life-saving first aid in the event of anaphylaxis, just as many are already trained and authorized to do in rendering immediate CPR, administering a shock from an automatic external defibrillator, applying tourniquets for unremitting life-threatening hemorrhage, and effectuating emergency evacuations even in face of spinal injuries. And, like other Good Samaritan laws, it provides immunity to properly certified individuals from civil liability, except in cases of gross negligence." 3)Epinephrine and auto-injectors . According to the National Institutes of Health, an epinephrine injection is used along with emergency medical treatment to treat life-threatening allergic reactions caused by insect bites or stings, foods, medications, latex, and other causes. Epinephrine works by relaxing the muscles in the airways and tightening the blood vessels. SB 669 Page 8 An auto-injector is usually a type of easy-to-use spring-loaded syringe, intended for self-administration by the patient or by untrained personnel. 4)Providers currently authorized to administer EAs . In addition to certain licensed healthcare professionals, existing law permits a school nurse or other qualified person designated by the school district physician, the medical director of the local health department, or the local emergency medical services director to administer an EA. This bill would permit prehospital emergency medical care persons, first responders, and lay rescuers to obtain and administer EAs with proper training and certification as well. 5)EA authorization in other states . According to information provided by the author's office, seven states (Arkansas, Florida, Maryland, Missouri, North Carolina, North Dakota, and South Carolina) have certificate programs for lay rescuers, typically providing for the training and certification of persons who reasonably expect to have responsibility for others as a result of occupational or volunteer status, such as camp counselors, forest rangers, and tour guides. Certified persons are authorized to obtain EAs and are granted "Good Samaritan" liability protection. Six other states also provide some form of immunity for EA use. Three states provide Good Samaritan immunity for persons who have received authorized training (Connecticut, New York, and Oregon), and more three states deem that the administration of epinephrine by a volunteer rescuer in an emergency is entitled to Good Samaritan protection (Arizona, Rhode Island, and Virginia). 6)Arguments in support . The Hospital Corporation of America writes in support, "Death from anaphylaxis remains a real and widespread problem. Currently, anaphylaxis leads to 500 - 1,000 deaths per 2.4 million people in the United States. While mortality rates have decreased, the incidence of anaphylaxis appear to be increasing from 20 per 100,000 per year in the 1980s to 50 per 100,000 per year in the 1990s. Presently there is no effective treatment to prevent anaphylactic cardiac arrest in the community unless the victim has an epinephrine auto-injector and is able to self-administer the injection before losing consciousness. SB 669 Page 9 Unless specifically used by and for the person who it was prescribed, an epinephrine auto-injector may not be administered by a non-physician, even if the auto-injector is on the scene. Until recent enabling legislation, this was a problem for school nurses who were unable to assist a child in anaphylactic shock. "So while increased protection is available in schools, death from anaphylaxis outside of schools in community venues is a real and pervasive problem since those overseeing the welfare of others, trained first responders and group leaders, are unable to obtain or administer the auto-epinephrine device." 7)Suggested technical amendments . The following are technical and clarifying amendments: Amend HSC 1797.197a (b)(2) to read: "The epinephrine auto-injector is used on another, with the expressed or implied consent of that person, for relief of the conditions described in (a)(1)(A) due to anaphylaxis." Amend HSC1797.197a (c)(2)(G) should be renumbered to section (d), and read: "Training certification shall be valid for nor more than two years, after which...." 8)Prior legislation . AB 559 (Wiggins) Chapter 458, Statutes of 2001, allowed school districts or county offices of education to provide emergency EAs to trained personnel, and permits trained personnel to utilize EAs to provide emergency medical aid to persons suffering from an anaphylactic reaction. REGISTERED SUPPORT / OPPOSITION : Support Conference of California Bar Associations (sponsor) California Association of Joint Powers Authorities California Hospital Association California Medical Association Civil Justice Association of California Food Allergy Research and Education Hospital Corporation of America Opposition SB 669 Page 10 None on file. Analysis Prepared by : Sarah Huchel / B.,P. & C.P. / (916) 319-3301