BILL ANALYSIS Ó AB 1386 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1386 (Low) As Amended June 28, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(January 27, |SENATE: |38-0 |(August 16, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 1386 Page 2 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 AB 1386 Page 3 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 AB 1386 Page 4 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. AB 1386 Page 5 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 AB 1386 Page 6 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 AB 1386 Page 7 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 AB 1386 Page 8 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, AB 1386 Page 9 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