Reference is to Introduced Version.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/SECTION 1. This act may be cited as the "Emergency Anaphylaxis Treatment Act".
SECTION 2. Chapter 99, Title 44 of the 1976 Code is amended to read:
Section 44-99-10.
This chapter may be cited as the 'Insect
Sting Emergency Treatment Act'.
Section 44-99-20.
As used in this chapter:
(1)
'Certificate' means official acknowledgment by the
department that an individual has completed the required
training program pursuant to this chapter.
(2)
'Department' means the Department of Health and
Environmental Control.
(3) 'Program'
means the program established by the department for training and
certifying individuals to administer treatment to persons
suffering a severe adverse reaction to an insect sting which
involves the administration of epinephrine.
Section 44-99-30.
(A)
The department is authorized to establish a
program to provide for the training and certification of
individuals to administer certain forms of emergency treatment
for medical hazards caused by insect stings. The department
shall develop standards, guidelines, and prescribe regulations
for the implementation of the program. All administrative
responsibility of the program is vested in the department.
(B)
In the development of the curriculum for training
and certification under the program, the department shall
include the following subjects:
(1)
techniques on how to recognize symptoms of
systemic reactions to insect stings;
(2) standards
and procedures for administering a subcutaneous injection of
epinephrine.
Section 44-99-40.
(A)
A person desiring certification for the
administration of emergency treatment insect sting, pursuant to
this chapter, shall apply to the department and complete the
program established by the department for training and
certification.
(B)
The department shall determine and establish the
validation and expiration periods for certificates issued
pursuant to this chapter and requirements and procedures for
renewals if the department considers it necessary.
(C)
The department may suspend or revoke a certificate
at any time it determines that the holder no longer meets the
prescribed qualifications established by the department or has
failed to provide services or treatment of a quality acceptable
to the department pursuant to this chapter.
Section 44-99-50.
(A)
An applicant for certification shall meet the
following requirements:
(1) be
eighteen years of age or older;
(2) have, or
reasonably expect to have, responsibility for at least one other
person as a result of one's occupational or volunteer status,
such as camp counselors, scout leaders, school teachers, forest
rangers, tour guides, or chaperones;
(3)
successfully complete the training program
established by the department.
(B)
A person, who meets the qualifications of this
section and is certified by the department pursuant to this
chapter, is authorized to administer in an emergency situation
prescribed epinephrine to persons suffering adverse reaction to
an insect sting.
(C)
A person, who is certified by the department to
administer emergency services for insect stings as provided in
this chapter, is authorized to obtain from a physician,
pharmacist, or any other person or entity authorized to
prescribe or sell prescribed medicines or drugs, a prescription
for premeasured doses of epinephrine and the necessary supplies
for the administration of the drug.
Section 44-99-60.
Licensed, registered, and certified
physicians, nurses, and other such certified professionals are
not required to obtain certification for the administration of
emergency treatment to persons suffering a severe adverse
reaction to an insect sting as prescribed in this chapter.
Section 44-99-70.
The department may collect fees from
applicants for the training program for administration of this
chapter.
Section 44-99-80.
No cause of action may be brought
against a certificate holder authorized by the department
pursuant to this chapter for an act or omission of the
certificate holder when acting in good faith while rendering
emergency treatment pursuant to the authority granted by this
chapter, except in cases of gross negligence.
Section 44-99-10.
As used in this chapter:
(1)
'Administer' means the direct application of an
epinephrine auto-injector to the body of an individual.
(2)
'Authorized entity' means any entity or organization,
other than a school described in Section 59-63-95, in connection
with or at which allergens capable of causing anaphylaxis may be
present including, but not limited to, recreation camps,
colleges and universities, daycare facilities, places of
worship, youth sports leagues, amusement parks, restaurants,
places of employment, and sports arenas.
(3)
'Department' means the South Carolina Department of
Health and Environmental Control.
(4)
'Epinephrine auto-injector' means a single-use device
used for the automatic injection of a premeasured dose of
epinephrine into the human body.
(5)
'Health care practitioner' means a physician, an
advanced practice registered nurse authorized to prescribe
medication pursuant to Section 40-33-34, or a physician
assistant authorized to prescribe medication pursuant to
Sections 40-47-955 through 40-47-965.
(6)
'Physician' means a person authorized to practice
medicine pursuant to Article 1, Chapter 47, Title 40.
(7)
'Provide' means the supply of one or more epinephrine
auto-injectors to an individual.
Section 44-99-20. Notwithstanding any other provision of law, a health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this chapter. Notwithstanding any other provision of law, pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this chapter is valid for two years. For the purposes of administering and storing epinephrine auto-injectors, authorized entities are not subject to Chapter 43, Title 40 or Chapter 99 of the South Carolina Code of State Regulations.
Section 44-99-30. Notwithstanding any other provision of law, an authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this chapter. Epinephrine auto-injectors acquired pursuant to this chapter must be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use, requirements that may be established by the South Carolina Department of Health and Environmental Control, and recommendations included as part of an approved training. An authorized entity shall designate employees or agents who have completed the training required by Section 44-99-50 to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
Section 44-99-40.
Notwithstanding any other provision of law, an
employee, agent, or other individual associated with an
authorized entity, who has completed the training required by
Section 44-99-50, may use epinephrine auto-injectors prescribed
pursuant to Section 44-99-20 to:
(1)
provide an epinephrine auto-injector to any individual
who the employee, agent, or other individual believes in good
faith is experiencing anaphylaxis, or the parent, guardian, or
caregiver of that individual, for immediate administration,
regardless of whether the individual has a prescription for an
epinephrine auto-injector or has previously been diagnosed with
an allergy; and
(2)
administer an epinephrine auto-injector to any
individual who the employee, agent, or other individual believes
in good faith is experiencing anaphylaxis, regardless of whether
the individual has a prescription for an epinephrine
auto-injector or has previously been diagnosed with an allergy.
Section 44-99-50.
(A) An employee, agent, or
other individual described in Section 44-99-30 or 44-99-40
before undertaking an act authorized by this chapter shall
complete an anaphylaxis training program and must complete an
anaphylaxis training program at least every two years following
completion of the initial anaphylaxis training program. The
training must be conducted by the South Carolina Department of
Health and Environmental Control, a licensed medical provider, a
nationally recognized organization experienced in training
laypersons in emergency health treatment, the manufacturer of an
epinephrine auto-injector, an organization with a training
program that has been approved in at least three states, or an
entity or individual approved by the department. The department
also may approve specific entities or individuals or may approve
classes of entities or individuals to conduct training.
(B)
Training may be conducted online or in person and, at a
minimum, must address:
(1)
how to recognize signs and symptoms of severe
allergic reactions, including anaphylaxis;
(2)
standards and procedures for the storage and
administration of an epinephrine auto-injector; and
(3)
emergency follow-up procedures.
(C) The
entity that conducts the training shall issue a certificate to
each person who successfully completes the anaphylaxis training
program. The certificate, at a minimum, must include:
(1)
the name of the organization or individual
conducting the training;
(2)
the name of the individual being trained;
and
(3)
the date the training occurred.
Section 44-99-60.
(A) An authorized entity
that possesses and makes available epinephrine auto-injectors,
and its employees, agents, and other individuals, a health care
practitioner that prescribes or dispenses epinephrine
auto-injectors to an authorized entity, a pharmacist or health
care practitioner that dispenses epinephrine auto-injectors to
an authorized entity, a third party that facilitates the
availability of epinephrine auto-injectors to an authorized
entity, the department or other state agency engaged in
approving training or in providing guidance to implement this
chapter, and an individual or entity that conducts the training
described in Section 44-99-50 are not liable for any injuries or
related damages that result from any act or omission taken
pursuant to this chapter; however, this immunity does not apply
to acts or omissions constituting negligence, gross negligence,
or wilful, wanton, or reckless disregard for the safety of
others or for an act or omission that is performed while the
individual is impaired by alcohol or drugs.
(B) The
administration of an epinephrine auto-injector in accordance
with this chapter is not the practice of medicine or any other
profession that otherwise requires licensure.
(C) This
chapter does not eliminate, limit, or reduce any other
immunities or defenses that may be available pursuant to state
law, including those available pursuant to Section 15-1-310 and
Chapter 78, Title 15.
(D) An entity
located in this State is not liable for any injuries or related
damages that result from the provision or administration of an
epinephrine auto-injector outside of this State if the
entity:
(1)
would not have been liable for the injuries or
related damages had the provision or administration occurred
within this State; or
(2)
is not liable for the injuries or related
damages under the law of the state in which such provision or
administration occurred."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.