BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1386


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          Date of Hearing:   January 21, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1386 (Low) - As Amended January 13, 2016


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          |             |Business and Professions       |     |14 - 0       |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill allows authorized entities, as defined, to procure and  
          store epinephrine auto-injectors ("epi-pens") to treat  
          anaphylaxis, a potentially life-threatening reaction.  It also:








                                                                    AB 1386


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          1)Authorizes a pharmacy to furnish epinephrine auto-injectors to  
            an authorized entity.


          2)Provides civil immunity to authorized entities for specified  
            acts or omissions.


          3)Defines "authorized entity" as any for-profit, nonprofit, or  
            government entity or organization that employs at least one  
            person or utilizes at least one volunteer or agent that has  
            voluntarily completed a specified training course.


          4)Allows a health care provider to issue a prescription to a  
            prehospital emergency medical care person, a lay rescuer or an  
            authorized entity that meets specified criteria.


          5)Requires authorized entities to submit to the California  
            Department of Public Health (CDPH), on a form developed by the  
            department, a report of each incident on the authorized  
            entity's premises that involves the administration of an  
            epinephrine auto-injector. 


          6)Requires CDPH to annually publish a report that summarizes and  
            analyzes all reports submitted to it.


          FISCAL EFFECT:


          Minor one-time GF costs to CDPH to develop a form, and ongoing  
          GF costs not likely to exceed $50,000 annually to compile  
          reports and publish a summary.









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          COMMENTS:


          1)Purpose. This bill builds on several years of legislation to  
            make epi-pens more widely available in order to prevent  
            life-threatening complications from anaphylaxis.   The bill is  
            sponsored by Mylan, a company that manufactures epi-pens.


          2)Background. Common foods, products, and even medications may  
            cause severe and life-threating allergic reactions, or  
            anaphylaxis. Although anaphylaxis can be fatal if untreated, a  
            person who experiences anaphylaxis can be kept alive by the  
            prompt administration of epinephrine until transported to an  
            emergency room. An epi-pen is a relatively simple and  
            easy-to-use prescription product that provides an appropriate  
            dose of epinephrine.  It can be self-administered by the  
            victim or by someone else. This bill will allow authorized  
            entities, such as businesses, to stock epi-pens for use in an  
            emergency situation.


          3)Prior Legislation. 


             a)   SB 738 (Huff), Chapter 132, Statutes of 2015, limits  
               physician liability for issuance of a prescription or order  
               for an epi-pen. 


             b)   SB 1266 (Huff), Chapter 321, Statutes of 2014, requires  
               schools to provide emergency epi-pens to school nurses or  
               trained personnel who have volunteered, and permits their  
               use. 


             c)   SB 669 (Huff), Chapter 725, Statutes of 2013, permits a  
               prehospital emergency medical care person, first responder,  








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               or lay rescuer to obtain and use an epi-pen in emergency  
               situations. 


             d)   AB 559 (Wiggins), Chapter 458, Statutes of 2001, allowed  
               school districts to provide emergency epi-pens to trained  
               personnel, and permits their use.


          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081