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HB 277: "An Act establishing a program in the Department of Health and Social Services to certify certain individuals to be issued a prescription to administer epinephrine and to possess and administer epinephrine in certain situations."

00 HOUSE BILL NO. 277 01 "An Act establishing a program in the Department of Health and Social Services to 02 certify certain individuals to be issued a prescription to administer epinephrine and to 03 possess and administer epinephrine in certain situations." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 17 is amended by adding a new chapter to read: 06 Chapter 22. Certification of Persons to Administer Epinephrine in Emergency 07 Situations. 08 Sec. 17.22.010. Training and certification program. (a) The department 09 shall establish a program to train and certify persons qualified under AS 17.22.020(a) 10 to administer epinephrine in emergency situations. The department may adopt 11 regulations under AS 44.62 (Administrative Procedure Act) to carry out this chapter. 12 (b) The training and certification program described in (a) of this section must 13 include 14 (1) techniques on how to recognize symptoms of severe allergic

01 reactions, including anaphylaxis; 02 (2) standards and procedures for the storage and administration of 03 epinephrine auto-injectors; 04 (3) emergency follow-up procedures; and 05 (4) instruction and certification in cardiopulmonary resuscitation. 06 Sec. 17.22.015. Certification; renewal, suspension, and revocation. (a) The 07 department may establish expiration periods for, and requirements and procedures for 08 renewals of, certificates issued under this chapter, as the department considers 09 necessary. 10 (b) The department may suspend or revoke a certificate if the department 11 determines that a person holding a certificate no longer meets the qualifications 12 established by the department or has failed to provide services or treatment of a 13 quality acceptable to the department under this chapter. 14 Sec. 17.22.020. Requirements for certification; authorized activities. (a) An 15 applicant for certification shall 16 (1) be 18 years of age or older; 17 (2) as a result of the applicant's professional or volunteer status in an 18 occupation such as camp counselor or wilderness guide, have, or reasonably expect to 19 have, responsibility for at least one other person in a remote area where professional 20 medical care is not immediately available; and 21 (3) successfully complete the training program established by the 22 department. 23 (b) A person who meets the qualifications of (a) of this section and is certified 24 by the department under this chapter may, in an emergency situation where a medical 25 professional is not readily available, administer prescribed epinephrine to a person 26 experiencing a severe allergic reaction, including anaphylaxis. 27 (c) A person certified by the department to administer emergency treatment 28 under this chapter may obtain from a physician or any other person or entity 29 authorized to prescribe epinephrine a prescription for epinephrine auto-injectors. 30 (d) Except as provided under AS 17.22.030, a person not certified to 31 administer epinephrine under this chapter, a person whose certification is suspended or

01 revoked, or a person whose certification is lapsed may not be issued a prescription to 02 administer epinephrine to another and may not administer epinephrine to another or 03 possess epinephrine for administration to another. 04 Sec. 17.22.025. Prescription of epinephrine. A person who is currently 05 certified under this chapter may be issued a prescription to administer epinephrine 06 from an authorized prescriber. 07 Sec. 17.22.030. Application of chapter. Notwithstanding AS 17.22.020(d), 08 this chapter does not apply to a person or entity authorized under another law to 09 administer epinephrine. 10 Sec. 17.22.035. Fees. The department may collect fees from applicants for 11 certification and training provided under this chapter. 12 Sec. 17.22.040. Liability of certificate holder. A cause of action may not be 13 brought against a person who holds a certificate under this chapter for an act or 14 omission of the certificate holder when the certificate holder acted in good faith while 15 rendering emergency treatment under the authority granted by this chapter, except in 16 cases of gross negligence. 17 Sec. AS 17.22.049. Definitions. In this chapter, 18 (1) "department" means the Department of Health and Social Services; 19 (2) "program" means the training and certification program established 20 by the department for administering epinephrine to certain persons suffering severe 21 allergic reactions.