BILL ANALYSIS Ó SB 669 Page 1 Date of Hearing: August 13, 2013 ASSEMBLY COMMITTEE ON JUDICIARY Bob Wieckowski, Chair SB 669 (Huff) - As Amended: July 3, 2013 Proposed Consent SENATE VOTE : 38-0 SUBJECT : Emergency Medical Care: Epinephrine Auto-Injectors KEY ISSUe : Should prehospital emergency care providers, first responders and lay rescuers who complete certain training requirements be permitted to carry and administer epinephrine auto-injectors to members of the public experiencing anaphylaxis? FISCAL EFFECT : As currently in print this bill is keyed fiscal. SYNOPSIS This noncontroversial bill would authorize a trained prehospital emergency medical care person, first responder, or lay rescuer to obtain and use epinephrine auto-injectors to render emergency care to another person, pursuant to specified requirements, and would grant them qualified immunity from liability, as specified. This bill would also provide qualified immunity to specified entities that are authorized to train these persons in the emergency administration of epinephrine auto-injectors for any civil damages alleged to result from those training requirements or standards. Additionally, this bill would, among other things, provide minimal training requirements and require that the California Emergency Medical Services Authority establish and approve authorized training providers and minimum standards for training in the use and administration of epinephrine auto-injectors. This bill is supported by a host of groups including the American Academy of Pediatrics, California Advocates, Inc., California Medical Association and Food Allergy Research and Education. There is no known opposition and the measure has had no "no" votes. SUMMARY : Sponsored by the Conference of California Bar Associations, this noncontroversial bill aims to expand the availability of treatment by epinephrine auto-injector to those SB 669 Page 2 experiencing an anaphylactic reaction. Specifically, this bill , among other things: 1)Permits a prehospital emergency medical care person, first responder, or lay rescuer to use an epinephrine auto-injector to render emergency care if specified training requirements are met. 2)Permits a pharmacy to dispense epinephrine auto-injectors to a prehospital emergency medical care person, first responder, or lay rescuer for the purpose of rendering emergency care with a physician's prescription. 3)Specifies that the authorized training providers and minimum standards for training and the use and administration of epinephrine auto-injectors shall be established and approved by the California EMS Authority. Training standards shall include techniques for recognizing circumstances, signs, and symptoms of anaphylaxis as well as standards and procedures for proper storage and emergency use of epinephrine auto-injectors. 4)Provides that any prehospital emergency medical care person, first responder, or lay rescuer who administer an epinephrine auto-injector to another person who appears to be experiencing anaphylaxis at the scene of an emergency situation, in good faith and not for compensation, is not liable for any civil damages resulting from his or her acts or omissions in administering the epinephrine auto-injector as long as he or she has complied with the requirements and standards of this bill, as specified. This bill would not grant immunity from civil damages to any person whose conduct in rendering emergency care constitutes gross negligence. 5)Provides qualified immunity to any local agency, governmental entity, or other organization that sponsors, authorizes, supports, finances, or supervises the training of those persons, or develops standards in accordance with this bill. EXISTING LAW : 1)Requires the Emergency Medical Services (EMS) Authority to establish training and standards for all prehospital emergency care personnel, as defined, regarding the characteristics and method of assessment and treatment of anaphylactic reactions SB 669 Page 3 and the use of epinephrine. Existing law requires the authority to promulgate regulations regarding these matters for use by all prehospital emergency medical care personnel. (Health and Saf. Code Sec. 1797.197.) 2)Provides that, notwithstanding any other provision of law, a pharmacy may furnish epinephrine auto-injectors to a school district or county office of education pursuant to specified law, if all of the following are met: (1) the epinephrine auto-injectors are furnished exclusively for use at a school district site or county office of education; and (2) a physician and surgeon provides a written order that specifies the quantity of epinephrine auto-injectors to be furnished. (Bus. & Prof. Code Sec. 4119.2(a).) 3)Permits a school district or county office of education to provide emergency epinephrine auto-injectors to trained personnel, and permits trained personnel to utilize those epinephrine auto-injectors to provide emergency medical aid to persons suffering from an anaphylactic reaction. (Ed. Code Sec. 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: (1) Obtain from the school district physician, the medical director of the local health department, or the local emergency medical services director a prescription for epinephrine auto-injectors; and (2) Immediately administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. (Ed. Code Sec. 49414(f).) 5)Requires the Superintendent of Public Instruction to establish minimum standards of training for the administration of epinephrine auto-injectors that satisfy the minimum statutory training requirements, as specified. Existing law requires that the Superintendent consult with specified organizations and providers with expertise in administering epinephrine auto-injectors and administering medication in a school environment. (Ed. Code Sec. 49414(e)(1).) Existing law also provides minimum training requirements and standards, as specified. (Ed. Code Sec. 49414(e)(2).) COMMENTS : This non-controversial bill would facilitate the SB 669 Page 4 administration of epinephrine auto-injectors by trained pre-hospital emergency medical care persons, first responders, or lay rescuers, in emergency situations that extend beyond school grounds in order to allow more individuals in the community to be treated with epinephrine auto-injectors to save lives. The bill would provide these individuals with a qualified immunity from civil liability. In order to encourage training, this bill would also provide qualified immunity to specified entities who train these individuals in the emergency administration of epinephrine auto-injectors. In support, the author states: SB 669 would create a training program for first responder and group leader volunteers on the recognition and emergency care of anaphylactic shock. The proposal calls for the development of standards for the safe and proper use of epinephrine auto-injectors (EpiPens). It would make these auto-injectors available to trained first responders and group leaders on prescription, and allow them to use it in an emergency situation on a person suffering from a potentially fatal anaphylactic reaction. It would provide Good Samaritan immunity from civil liability if the care is rendered at the scene of an emergency in good faith, without gross negligence and not for compensation. Despite all improvements in the law expanding Good Samaritan protection fostering trained first responders and group supervisors to provide emergency care (first aid, cardiopulmonary resuscitation and automatic external defibrillation) for someone with a life-threatening allergic reaction, there is effectively nothing anyone can do in cases of anaphylaxis to prevent cardio-pulmonary shutdown unless the victim happens to have an EpiPen and is able to self-administer epinephrine before losing consciousness-outside of a medical or school environment. Unless specifically used by and for the person for whom it was prescribed, an EpiPen may not be administered by non-physicians-even if an auto-injector is on the scene. Until recent passage of enabling legislation, this was even a problem for school nurses. [ . . . ] Yet, death from anaphylaxis remains a real and pervasive problem outside of school, in the wilderness and even in the community, when group leaders overseeing the welfare of others, and even SB 669 Page 5 trained first responders at the scene of an emergency, cannot obtain or administer this miraculous life-saving device---a device which even little children are trained to safely use. In the case of anaphylactic shock, death through suffocation can occur in a matter of minutes. Definitive medical care cannot always be timely obtained. [ . . . ] Anaphylaxis is a pervasive lethal threat, both to those with known allergies and those who suddenly become sensitized to a substance - such as a simple bee-sting, ingestion of shellfish, or coming into contact with peanuts. While an anaphylactic attack cannot always be prevented, the worrisome consequences of it can be. In support the sponsor states: SB 669 would enable California to join a growing group of states that provide training in the proper use and administration of epinephrine auto-injectors, and which make these auto-injectors available by prescription to individuals who have successfully completed the training. The purpose of the bill is to increase the chances that if a person suffers life-threatening allergic reaction, there will be someone close by with an epinephrine auto-injector who knows the proper way to use it. Background : An epinephrine auto-injector is a disposable medical drug delivery device that delivers a single measured dose of epinephrine, most frequently for the treatment of acute allergic reactions to avoid or treat the onset of anaphylaxis. Anaphylaxis is a severe, whole-body allergic reaction to an allergen. Anaphylaxis happens quickly after the exposure, is severe, and involves the whole body. Anaphylaxis is life-threatening and can occur at any time. Risk factors include a history of any type of allergic reaction. Epinephrine auto-injectors can be obtained by prescription only, and current California law generally does not authorize non-physicians to administer an epinephrine auto-injector to another person. In recent years, California law has been amended to, among other things, permit school districts or county offices of education to provide emergency epinephrine auto-injectors to trained personnel, and to permit trained personnel to utilize the auto-injectors to provide emergency SB 669 Page 6 medical aid to persons suffering from an anaphylactic reaction, as it is not uncommon for children to come into contact with specific allergens (such as bee stings) or accidentally ingest foods they are allergic to at school. (AB 559 (Wiggins, Ch. 458, Stats. 2001).) Need for Legislation : There are benefits to putting more epinephrine auto-injectors in more trained hands. While ideally any individuals prone to anaphylaxis would themselves be carrying an epinephrine auto-injector, research shows that this is not always the case. Often the individual has only experienced mild anaphylaxis in the past and their health care provider did not find it necessary to prescribe an epinephrine auto-injector. (Simons, Keith J., and F. Estelle R. Simons. "Epinephrine and its use in anaphylaxis: current issues." Current opinion in allergy and clinical immunology 10.4 (2010): 354-361.) However, life-threatening anaphylaxis can manifest itself after only minor attacks in the past. (Simons, 2010.) A community member carrying and trained to use an epinephrine auto-injector could be lifesaving in this instance where the patient had no idea such a serious reaction was possible. Civil Liability Provisions : Under current law, everyone is generally appropriately held responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself. (Civ. Code Sec. 1714(a).) However, the Legislature has authorized certain actions to be immune from civil liability in order to promote good public policy and actions that benefit the public generally. For instance, California law already applies qualified immunity to those who use an AED device in emergency settings as long as they have undergone certain training and maintenance requirements. (See Civil Code Sec. 1714. 21.) In the context of AEDs, lawmakers have granted qualified immunity for lay operators because AEDs save lives and have been proven very safe. Studies have shown misuse is nearly impossible because the device will not operate except in the case of actual cardiac arrest. (Mitchell, K. Blake, Leo Gugerty, and Eric Muth. "Effects of brief training on use of automated external defibrillators by people without medical expertise." Human Factors: The Journal of the Human Factors and SB 669 Page 7 Ergonomics Society 50.2 (2008): 301-310.) Additionally, the device 'walks' the operator through proper use with audio and visual cues, and manual overrides are impossible (such as to intentionally shock someone not experiencing cardiac arrest). Here, epinephrine auto-injectors also clearly save lives and similarly present only minimal risk of injury through misuse. Newer designs integrate important safety features such as voice prompts, and research reveals that the health risks presented by accidental injection are, as with AEDs, insignificant. For example, the February 2010 issue of the Journal of Allergy and Clinical Immunology reports that between 1994 and 2007 over 15,000 unintentional injections were reported to U.S. Poison Control. Of those, 40% occurred while the operators were trying to inject themselves or someone else experiencing an allergic reaction. But only in the case of .2% of those unintentional injections were the clinical effects considered 'major.' (Simons, F., et al. "Voluntarily reported unintentional injections from epinephrine auto-injectors." Journal of Allergy and Clinical Immunology 125.2 (2010): 419-423.) ARGUMENTS IN SUPPORT : In support of the bill the California Hospital Association states: Existing law authorizes a school district or county office of education to provide emergency epinephrine auto-injectors to trained personnel, and authorizes that trained personnel to utilize the epinephrine auto-injector to provide emergence medical aid to those suffering from an anaphylactic reaction. SB 669 would broaden the existing provisions concerning epinephrine auto-injector in the school setting? Death from anaphylaxis remains a real and widespread problem. Currently, anaphylaxis leads to 500-1,000 deaths/per 2.4 million 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 1980's to 50 per 100,000 per year in the 1990's. 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. 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 SB 669 Page 8 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 devise. Further, the organization Food Allergy Research & Education writes: It has been well documented that the prevalence of food allergies is on the rise. In 2007, the Centers for Disease Control and Prevention reported that approximately 3 million children had a food allergy. A 2011 study published in the medical journal Pediatrics showed that the prevalence had grown to 5.9 million, or one in every 13 children. That's roughly two per classroom. There are 15 million food allergic Americans?While there is currently no cure for food allergies, epinephrine is the only medication that can arrest the symptoms and save the lives of those experiencing a severe reaction. A study in Pediatrics showed that 24% of epinephrine use in a school district was on those without a previous diagnosis of food allergy. There are many children who may not know they are allergic and therefore do not have a prescribed epinephrine auto-injector. Keeping this life-saving mediation on hand is a matter of first aid. Precious minutes can be lost waiting for emergency responders. PRIOR RELATED LEGISLATION : SB 911 (Figueroa, Ch. 163, Stats. 1999), among other things, provides immunity from civil liability to any person who, in good faith and not for compensation renders emergency care or treatment by the use of an automated external defibrillator at the scene of an emergency, has completed a basic CPR and automated external defibrillator (AED) use course that complies with regulations adopted by the Emergency Medical Services (EMS). AB 559 (Wiggins, Ch. 458, Stats. 2001), authorized school districts or county offices of education to provide emergency epinephrine auto-injectors to trained personnel, and to permit SB 669 Page 9 trained personnel to utilize the auto-injectors to provide emergency medical aid to persons suffering from an anaphylactic reaction, as it is not uncommon for children to come into contact with specific allergens (such as bee stings) or accidentally ingest foods they are allergic to at school. AB 2041 (Vargas, Ch. 718, Stats. 2002), revises provisions enacted by SB 911 (above) by deleting the requirement that a person complete a basic CPR or AED course, and providing immunity from civil liability to a person or entity that acquires an AED for emergency use and renders emergency care, if that person or entity is in compliance with specified requirements. AB 1791 (Wiggins, 1999) was similar to AB 559, above, but was ultimately vetoed. REGISTERED SUPPORT / OPPOSITION : Support American Academy of Pediatrics Association of Regional Center Agencies Conference of California Bar Associations (sponsor) California Advocates, Inc. California Association of Joint Powers Authorities California Hospital Association California Justice Association of California California Medical Association Civil Justice Association of America Food Allergy Research and Education Hospital Corporation of America Opposition None on file Analysis Prepared by : Drew Liebert and Kelly Bradfield / JUD. / SB 669 Page 10 (916) 319-2334