BILL ANALYSIS Ó
AB 1386
Page 1
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,
AB 1386
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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