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 ----------------------------------------------------------------- |Policy |Judiciary |Vote:| 9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Business and Professions | |14 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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. AB 1386 Page 3 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 Page 4 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