H. B. 3057
(By Delegates Lane (By Request) and Porter)
[Introduced
March 16, 2005
; referred to the
Committee on Health and Human Resources the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-4C-14a, relating
to authorizing Emergency Medical Technicians (EMT's) to
administer epinephrine to persons suffering from an allergy
attack.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-4C-14a, to read as
follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-14a. ADMINISTRATION OF EPINEPHRINE.
(a) An Emergency Medical Service provider may acquire and
possess epinephrine auto-injector devices in accordance with this
section. Emergency Medical Services personnel certified as
emergency medical technician-basic or at a higher level of training may carry and administer epinephrine auto-injector devices to treat
allergic reaction and anaphylaxis in accordance with this section.
(b) The Office of Emergency Medical Services shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, designed to
protect the public health and safety to implement this section.
The rules must provide that Emergency Medical Services personnel
certified as emergency medical technicians-basic or at a higher
level of training may administer an epinephrine auto-injector
device to another only if the person has successfully completed a
training course, approved by the Office of Emergency Medical
Services, in the use of the device that is consistent with the
national standard training curriculum for emergency medical
technicians.
(c) An Emergency Medical Services provider may acquire,
possess, maintain, and dispose of epinephrine auto-injector
devices, and Emergency Medical Services personnel certified as
emergency medical technicians-basic or at a higher level of
training may carry, maintain, administer and dispose of epinephrine
auto-injector devices, only in accordance with:
(1) Rules adopted by the Office of Emergency Medical Services
under this section; and
(2) A delegated practice agreement that provides for medical
supervision by a licensed physician who either:
(A) Acts as a Medical Director for an Emergency Medical
Services System or a licensed hospital; or
(B) Has knowledge and experience in the delivery of emergency
care.
(d) Emergency Medical Services personnel who administer
epinephrine auto-injector devices to others shall immediately
report the use to the physician supervising the activities of the
Emergency Medical Services personnel.
(e) The administration of an epinephrine auto-injector device
to another under this section is considered to be the
administration of emergency care for the purposes of any statute
relating to liability for the provision of emergency care. The
administration of an epinephrine auto-injector device to another in
accordance with the requirements of this section does not
constitute the unlawful practice of any health care profession.
(f) A person otherwise authorized to sell or provide an
epinephrine auto-injector device to another may sell or provide the
devices to an Emergency Medical Services provider authorized to
acquire and possess the devices under this section.
(g) This section does not prevent Emergency Medical Services
personnel who are also licensed health care professionals under
another health care licensing law and who are authorized to
acquire, possess, and administer an epinephrine auto-injector
device under the other health care licensing law from acting under the other law.
(h) This section does not impose a standard of care not
otherwise required by law.
NOTE: The purpose of this bill is to permit Emergency Medical
Technicians to administer epinephrine to patients
to treat allergic
reaction and anaphylaxis.
This section is new; therefore, strike-throughs and
underscoring have been omitted.