BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1386


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1386 (Low)


          As Amended  June 28, 2016


          Majority vote


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          |ASSEMBLY:  |78-0  |(January 27,   |SENATE: |38-0  |(August 16,      |
          |           |      |2016)          |        |      |2016)            |
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          Original Committee Reference:  B. & P.


          SUMMARY:  Permits a pharmacy to furnish epinephrine  
          auto-injectors (EAIs) to an authorized entity, as specified, if  
          the EAIs are furnished exclusively for use at or in connection  
          with an authorized entity, as specified; an authorized health  
          care provider provides a prescription; and, the records are  
          maintained by the authorized entity for three years.  Requires  
          the authorized entity to create and maintain an operations plan  
          related to its use of EAIs; makes other technical and clarifying  
          amendments; and, contains specified immunity provisions.   
          Specifically, this bill: 


          1)Permits a pharmacy to furnish EAIs to an authorized entity for  
            the purpose of rendering emergency care, as specified, if both  
            the following conditions are met:
             a)   The EAIs are furnished exclusively for use by or in  
               connection with an authorized entity; and,
             b)   An authorized health care provider provides a  








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               prescription that specifies the quantity of EAIs to be  
               furnished to an authorized entity, as specified, and a new  
               prescription is written for any additional EAIs required  
               for use.


          2)Requires a pharmacy to label each EAI dispensed with all of  
            the following information:
             a)   The name of the person or entity to whom the  
               prescription was issued;
             b)   The designations "Section 1797.197a Responder" and  
               "First Aid Purposes Only"; and, 


             c)   The dosage, use, and expiration date.


          3)Requires each dispensed prescription to include the  
            manufacturer's product information sheet for the EAI.
          4)States that an EAI dispensed, as specified, may be used only  
            for the purpose and under the circumstances described in the  
            Health and Safety Code (HSC) Section 1797.197a. 


          5)Defines an "EAI" to mean a disposable delivery device designed  
            for the automatic injection of a premeasured dose of  
            epinephrine into the human body to treat a life-threating  
            allergic reaction. 


          6)Replaces previous definitions of an EAI with 5) above. 


          7)Requires records regarding the acquisition and disposition of  
            EAIs to be maintained by the authorized entity for a period of  
            three years from the date the records were created and  
            requires the authorized entity to be responsible for  
            monitoring the supply of EAIs and ensuring the destruction of  
            expired EAIs.


          8)Relieves any authorized entity from liability for any civil  








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            damages resulting from any act or omission other than an act  
            or omission constituting gross negligence or willful or wanton  
            misconduct connected to the administration of an EAI by any  
            one of its employees, volunteers, or agents who is a lay  
            rescuer, as specified, if the entity has complied with all  
            applicable requirements of the HSC Section 1797.197a. 


          9)States that the failure of an authorized entity to possess or  
            administer an EAI cannot result in civil liability.


          10)Specifies that above the provisions does not affect any other  
            immunity or defense that is available under law.


          11)Specifies that an authorizing physician and surgeon is not  
            subject to professional review, liable in a civil action, or  
            subject to criminal prosecution for the issuance of a  
            prescription or order in accordance with HSC Section 1797.197a  
            unless the prescription or order constitutes gross negligence  
            or willful or malicious conduct. 


          12)Defines an "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 training course as specified. 


          13)Permits an authorized health care provider to issue a  
            prescription for an EAI to a prehospital emergency medical  
            care person or a lay rescuer for the purpose of rendering  
            emergency care to another person upon presentation of a  
            current EAI certification card demonstrating that the person  
            is trained and qualified to administer an EAI, as specified. 


          14)Permits an authorized health care provider to issue a  
            prescription for an EAI to an authorized entity if the  
            authorized entity submits evidence it employs at least one  
            person, or utilized at least one volunteer or agent, who is  








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            trained and has a current EAI certification card demonstrating  
            that the person is qualified to administer an EAI, as  
            specified. 


          15)Requires an authorized entity that possesses and makes  
            available EAIs to do both of the following:


             a)   Create and maintain on its premises an operation plan  
               that includes all of the following:
               i)     The name and contact number for the authorized  
                 health care provider who prescribed the EAI; 
               ii)    Where and how the EAI will be stored;


               iii)   The names of the of the designated employees or  
                 agents who have completed the training program as  
                 required and who are authorized to administer the EAI; 


               iv)    How and when the EAI will be inspected for an  
                 expiration date; and, 


               v)     The process to replace the expired EAI, including  
                 the proper disposal of an expired EAI.


             b)   Submit to the authority a report of each incident that  
               involves the use of an EAI not more than 30 days after each  
               use, and requires the authority to annually publish a  
               report that summarizes and analyzes all reports submitted  
               to it.
          16)Makes other technical and clarifying amendments.
          17)Provides that no reimbursement is required by this bill  
            pursuant to California Constitution Article XIII B Section 6  
            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.









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          The Senate amendments revise and replace the definition of an  
          EAI; specify that an authorizing physician and surgeon is not  
          subject to professional review, be liable in a civil action or  
          subject to criminal prosecution for the issuance of a  
          prescription of an EAI, unless the issuance constitutes gross  
          negligence or willful or malicious conduct; revise the  
          requirements for an authorized health care provider to issue a  
          prescription; and make other technical and clarifying changes.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, this bill will result in: 


          1)One-time costs of $50,000 for the development of information  
            technology systems to track information relating to the  
            issuance of certificates and collection of data on usage of  
            epinephrine auto-injectors under the bill by the Emergency  
            Medical Services Authority (General Fund).


          2)One-time costs of $130,000 over two years for the adoption of  
            regulations by the Emergency Medical Services Authority  
            (General Fund).


          3)Ongoing costs of $90,000 per year to review training programs,  
            issue certificates to participating individuals, and report  
            data on the program by the Emergency Medical Services  
            Authority (General Fund).


          COMMENTS:  


          Purpose.  This bill is sponsored by Mylan.  According to the  
            author, "Food allergies, which can sometimes lead to a  
            life-threatening allergic reaction or anaphylaxis, are a large  
            and growing public health problem.  Today, an estimated one  
            out of 13 children and [one] out of 20 adults in the United  
            States (U.S.) has a food allergy, a considerably higher number  








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            than estimated only a few [years] ago.  [Additionally]  
            children and adults are allergic to insect stings and other  
            factors that can result in anaphylaxis.  Unfortunately, over  
            the past several years, there have been several high profile  
            anaphylaxis-related tragedies around the country in schools  
            and outside of schools.  Deaths in Illinois in 2011, Georgia  
            and Virginia in 2012, California, Texas and New York (in 2013)  
            resulted in significant attention to the issue and much  
            discussion on how to best address it?


          This issue is serious and 47 states, including California, now  
          have laws to allow or mandate schools to stock [EAIs].  At least  
          54,000 schools across the U.S. are stocking [EAIs].  But schools  
          are not the only place where children can come into contact with  
          allergens capable of causing anaphylaxis.  Greater access is  
          needed to allow businesses, organization[s] and other entities  
          to stock [EAIs] and allow for trained employees, agents and  
          others to use those [EAIs] in an emergency.


          This legislation would expand access and allow day care  
          [facilities], colleges and universities, summer and day camps,  
          restaurants, sports arenas, sports leagues, scout troops, before  
          and after school programs, recreational parks and other places  
          where children and adults could come into contact with  
          potentially life-threatening allergens to stock [EAIs] and be  
          better prepared in the event of an emergency.  It would not  
          require any entity to stock [EAIs], but would simply allow it."


          Background.  An EAI is used for the emergency treatment of  
          severe allergic reactions (including anaphylaxis) to insect  
          bites or stings, medicines, foods, or other substances.  It is  
          also used to treat anaphylaxis caused by unknown substances or  
          triggered by exercise.  To help increase access to EAIs in the  
          event of an anaphylactic emergency, this bill will allow a  
          pharmacy to furnish EAIs to authorized entities such as  
          recreation camps, colleges and universities, day care  
          facilities, youth sports leagues and other businesses to be used  
          by trained persons in the event of a potential anaphylactic  
          emergency.  In order for the entity to acquire the EAIs, they  








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          would need to obtain a prescription from an authorized health  
          care provider who would be responsible for determining the  
          appropriate number of EAIs to be dispensed.  The representative  
          of the authorized entity would need to meet the appropriate  
          training requirements as approved by the Emergency Medical  
          Services Authority (EMS).  


          The author notes, that while existing law allows individuals who  
          have been trained in recognition of symptoms of allergic  
          reactions and anaphylaxis to administer EAIs to others in an  
          emergency situation, and provides liability protection for these  
          individuals, current law does not allow a business, group, or  
          other entity that the individual is employed by or associated  
          with to obtain a prescription for an EAI or to have liability  
          protection if the EAI is used on the entity's premises.


          This bill would allow businesses, organizations, and other  
          entities to obtain a prescription and to stock EAIs for use in  
          an emergency if the business, organization or entity has  
          employees, agents or others who are trained in recognition of  
          anaphylaxis and the administration of EAIs. It would also  
          provide liability protection to the business, organization, or  
          entity that obtained the EAI and allow it to be used by a  
          trained employee, agent, or other individual under certain  
          circumstances.  This bill does not mandate that an "authorized  
          entity" participate in this voluntary program.  


          This bill seeks to create greater access to EAIs at locations  
          where individuals could come into contact with allergens known  
          to cause anaphylaxis in those persons with allergies. 


          Current Use of EAIs in California.  SB 669 (Huff) Chapter 725,  
          Statutes of 2013, authorized an off duty prehospital emergency  
          medical care person or lay rescuer to use an EAI to render  
          emergency care to another person.  That bill required the EMS to  
          establish and approve minimum standards for training in the use  
          and administration of EAIs.  In addition, EMS was required to  
          approve the authorized training providers and determine the  








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          components to be included in the minimum training and  
          requirements.  In order to implement the training program  
          required by SB 669, the EMS convened a work group of EMS  
          stakeholders and subject matter experts to assist the EMS in the  
          development of the training standards and the initial drafting  
          of regulations to outline the training and certification process  
          and requirements for a lay rescuer or off duty EMS personnel to  
          obtain an EAI.  The EMS concluded the regulatory process in  
          October of 2015.  Beginning January 1, 2016, the EMS can begin  
          the process of reviewing and approving the required training  
          programs to obtain the appropriate lay rescuer certification. 


          Other States.  According to the author, in 2013 and 2014,  
          Oregon, Florida, and Rhode Island passed legislation similar to  
          what is included in this bill; in total there are 17 states that  
          offer similar provisions for stockpiling EAIs outside of a  
          school setting.  


          In 2013, President Obama signed into law the School Access to  
          Emergency Epinephrine Act.  The Act amends the Public Health  
          Service Act, with respect to asthma-related grants for child  
          health services, to give an additional preference to a state  
          that allows self-administration of asthma and anaphylaxis  
          medication  
          (  https://www.congress.gov/bill/113th-congress/senate-bill/1503/al 
          l-info  ).  The Act requires elementary and secondary schools in  
          such a state to:  1) permit trained personnel to administer  
          epinephrine to a student reasonably believed to be having a  
          reaction; 2) maintain a supply of epinephrine in a secure  
          location that is easily accessible to trained personnel for such  
          treatment; and, 3) have in place a plan for having on the school  
          premises during operating hours one or more designated personnel  
          trained in administration of epinephrine.


          EAIs.  According to one of the EAI's manufacturers' Web sites,  
          there are two different doses of epinephrine available based on  
          the weight of the individual.  According to information provided  
          by the American College of Allergy, Asthma and Immunology,  
          common side effects of epinephrine may include anxiety,  








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          restlessness, dizziness, and shakiness.  In addition, it was  
          noted that after use of an EAI, it is recommended that an  
          individual immediately visit a physician or an emergency room  
          for medical treatment. 


          While EAIs appear to be commonly recommended as a method to  
          treat specified anaphylactic conditions, EAIs are only available  
          via a prescription from a licensed health care provider in the  
          United States and cannot be purchased over-the-counter. 


          Analysis Prepared by:                                             
                          Elissa Silva / B. & P. / (916) 319-3301  FN:   
          0004364