PROFESSIONS, VOCATIONS, AND BUSINESSES
54-1733C. epinephrine auto-injectors — emergency administration. Notwithstanding any provision of law to the contrary:
(1) A health care practitioner, including a pharmacist, may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and other health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.
(2) An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. Such epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector’s instructions for use. Following administration, the administering person shall contact emergency medical services as soon as possible.
(3) An employee or agent of an authorized entity or other individual who has completed the training required by subsection (4) of this section may use an epinephrine auto-injector prescribed pursuant to subsection (1) of this section to:
(a) Provide an epinephrine auto-injector to any individual whom the employee, agent or other individual believes in good faith to be experiencing anaphylaxis, or the parent, guardian or caregiver of such an individual, for immediate administration, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; or
(b) Administer an epinephrine auto-injector to any individual whom the employee, agent or other individual believes in good faith to be experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
(4) An employee, agent or other individual described in subsection (2) or (3) of this section must complete a biennial anaphylaxis training program. Such training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment. Training may be conducted online or in person, and at a minimum shall cover:
(a) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;
(b) Standards and procedures for the storage, administration and disposal of an epinephrine auto-injector; and
(c) Emergency follow-up procedures.
The entity that conducts training shall issue a document of completion to each person who successfully completes the anaphylaxis training program.
(5) Nurses, pharmacists or other health care practitioners may act pursuant to subsection (3) of this section without completing the training required by subsection (4) of this section.
(6) The following shall not be liable for any injuries or related damages that result from any act or omission taken pursuant to this section:
(a) An authorized entity that possesses and makes available epinephrine auto-injectors, and the employees, agents or other individuals associated with such entity;
(b) A pharmacist or other health care practitioner who prescribes or dispenses epinephrine auto-injectors to an authorized entity; and
(c) An individual or entity that conducts the training required by subsection (4) of this section.
This provision of immunity does not apply to acts or omissions constituting gross negligence. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine or any other profession that otherwise requires licensure. This section does not eliminate, limit or reduce any other immunity or defense that may be available under state law, including that provided under section 5-330, Idaho Code.
(7) An entity located in this state shall not be 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:
(a) Would not have been liable for such injuries or related damages had the provision or administration occurred within this state; or
(b) Is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.
(8) An authorized entity that possesses and makes available epinephrine auto-injectors shall take effort to remove outdated product and dispose of it properly.
(9) As used in this section:
(a) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
(b) "Authorized entity" means any entity or organization, other than a school pursuant to section 33-520A, Idaho Code, in connection with or at which allergens capable of causing anaphylaxis may be present including, but not limited to, recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, restaurants, places of employment and sports arenas.
(c) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(d) "Health care practitioner" means an individual currently licensed, registered or otherwise authorized to prescribe and administer drugs in the course of professional practice.
(e) "Provide" means to supply one (1) or more epinephrine auto-injectors to an individual.
[54-1733C, added 2016, ch. 264, sec. 4, p. 697.]