2021 -- H 5080

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- LIFE-SAVING ALLERGY MEDICATION--

STOCK SYRINGE EPINEPHRINE AUTO-INJECTORS--EMERGENCY ADMINISTRATION

     Introduced By: Representatives Solomon, and Ackerman

     Date Introduced: January 22, 2021

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-6.4-1 and 23-63.4-6 of the General Laws in Chapter 23-6.4

entitled "Life-Saving Allergy Medication - Stock Supply of Epinephrine Auto-Injectors -

Emergency Administration" are hereby amended to read as follows:

     23-6.4-1. Definitions.

     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 at, or in connection with, where

allergens capable of causing anaphylaxis may be present, as identified by the department of health.

The department shall, through rule or other guidance, identify the types of entities and organizations

that are considered authorized entities no later than January 1, 2015, and shall review and update

such rule or guidance at least annually thereafter.

     (3) "Authorized health care provider" means a physician, nurse, or other person duly

authorized by law, in the state in which they practice, to prescribe drugs.

     (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) "Provide" means the supplying of one or more epinephrine auto-injectors to an

individual.

     (6) "Public place" means an enclosed area capable of holding three hundred (300) people

or more and to which the public is invited or in which the public is permitted, including, but not

limited to: banks; bars; educational facilities; health care facilities; laundromats; public

transportation facilities; reception areas; restaurants; retail food production and marketing

establishments; retail service establishments; retail stores; shopping malls; sports arenas;

government offices; theaters; and waiting rooms. A private residence is not a "public place" unless

it is used as a child care, adult daycare, or health care facility.

     (6)(7) "Self-administration" means a person's discretionary use of an epinephrine auto-

injector.

     23-6.4-6. Training.

     (a) An employee, agent, or other individual described in § 23-6.4-4 must complete an

anaphylaxis training program prior to providing or administering an epinephrine auto-injector made

available by an authorized entity. Such training shall be conducted by a nationally recognized

organization experienced in training laypersons in emergency health treatment, or an entity or

individual approved by the department of health. Training may be conducted online or in person

and, at a minimum, shall cover:

     (1) Techniques on how to recognize 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.

     (b) The entity that conducts the training shall issue a certificate, on a form developed or

approved by the department of health, to each person who successfully completes the anaphylaxis

training program.

     (c) The director of health is hereby authorized to promulgate rules and regulations to

implement the training requirements of this section.

     SECTION 2. Chapter 23-6.5 of the General Laws entitled "Automated External

Defibrillators Required at Public Places" is hereby amended by adding thereto the following

section:

     23-6.5-2.1. Mandating epinephrine auto-injectors' availability.

     Any person who owns or operates a public place, as defined in § 23-6.4-1, shall provide

and maintain an operational epinephrine auto-injector and employees, agents, or other individuals

described in § 23-6.4-4, who are properly trained in their use, in accordance with § 23-6.4-6 and

the applicable department of health rules and regulations.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- LIFE-SAVING ALLERGY MEDICATION--

STOCK SYRINGE EPINEPHRINE AUTO-INJECTORS--EMERGENCY ADMINISTRATION

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     This act would require the owners or operators of any public place, which is an enclosed

area capable of holding three hundred (300) people or more and to which the public is invited or

permitted, to have available epinephrine auto-injectors and trained personnel to administer them.

     This act would take effect upon passage.

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