PRINTER'S NO. 2094
No. 1501 Session of 2000
INTRODUCED BY HOLL, COSTA, STAPLETON, SALVATORE, WAGNER, LEMMOND
AND MELLOW, JULY 26, 2000
REFERRED TO PUBLIC HEALTH AND WELFARE, JULY 26, 2000
AN ACT
1 Providing for educational training programs relating to allergic
2 reactions; authorizing the Department of Health to issue
3 certain certificates; and providing for immunity.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Allergic
8 Reaction Emergency Treatment Act.
9 Section 2. Findings and purpose.
10 The General Assembly finds and declares as follows:
11 (1) Allergies are a serious medical disorder that affect
12 more than one in five persons in the United States and are
13 the sixth leading cause of chronic disease.
14 (2) Anaphylaxis is the most severe form of allergic
15 reaction.
16 (3) Rapid and appropriate administration of epinephrine
17 or other appropriate drugs to a patient suffering an
18 anaphylaxis allergic reaction may make the difference between
1 the life and death of that patient.
2 (4) Certain individuals should be authorized to
3 administer life-saving treatment to persons experiencing a
4 severe allergic reaction, when a physician is not immediately
5 available.
6 Section 3. Administration.
7 The Department of Health shall:
8 (1) Develop standards for educational training programs
9 pursuant to section 4.
10 (2) Administer or approve educational training programs
11 pursuant to section 4.
12 (3) Issue and renew certificates of training to those
13 persons who have complied with this act and the regulations
14 promulgated under this act.
15 (4) Establish and collect fees as necessary for the
16 administration of this act.
17 (5) Promulgate regulations necessary for the
18 administration of this act.
19 Section 4. Educational training programs.
20 The Department of Health shall approve educational training
21 programs that include the following subjects:
22 (1) Recognition of the symptoms of systemic allergic
23 reactions.
24 (2) Proper administration of a subcutaneous injection of
25 epinephrine.
26 Section 5. Certificates to be issued.
27 The Department of Health shall issue certificates to any
28 person who meets all of the following qualifications:
29 (1) Is 18 years of age or older.
30 (2) Is a first responder or emergency medical technician
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1 as defined under the act of July 3, 1985 (P.L.164, No.45),
2 known as the Emergency Medical Services Act, a certified
3 school nurse or an individual as authorized by the Department
4 of Health.
5 (3) Has successfully completed an educational training
6 program as described in section 4.
7 Section 6. Authority of certificate.
8 Notwithstanding any other provision of law to the contrary, a
9 certificate issued pursuant to this act shall authorize the
10 holder thereof:
11 (1) To receive, upon presentment of the certificate from
12 any physician licensed in this Commonwealth a prescription
13 for premeasured doses of epinephrine and the necessary
14 paraphernalia for administration.
15 (2) To possess and administer in an emergency when a
16 physician is not immediately available such prescribed
17 epinephrine to a person suffering or believed by the holder
18 to be suffering a severe allergic reaction.
19 Section 7. Immunity.
20 No cause of action shall arise against a person who holds a
21 certificate issued under this act for any act or omission of
22 such certificate holder when acting in good faith while:
23 (1) Rendering emergency treatment pursuant to the
24 authority granted by this act, except where such conduct
25 amounts to gross negligence.
26 (2) Administering epinephrine to a person believed to be
27 in lawful possession of such epinephrine and believed to be
28 in need of emergency treatment, except where such conduct
29 amounts to gross negligence.
30 Section 8. Exemptions.
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1 Nothing in this act shall be construed as prohibiting an
2 individual from administering epinephrine to a patient of any
3 age upon the presentation of evidence of a prescription of
4 epinephrine or to a patient under 18 years of age:
5 (1) upon the request of the patient or the patient's
6 parent or guardian; or
7 (2) upon the request of a person who presents written
8 authorization from the patient or the patient's parent or
9 guardian making such a request.
10 Section 9. Applicability.
11 This act shall not apply to a person authorized to administer
12 epinephrine under a separate licensing statute in this
13 Commonwealth.
14 Section 10. Effective date.
15 This act shall take effect in 120 days.
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