MD
Maryland House Bill HB536

Maryland 2025 Regular Session

Maryland House Bill HB536 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0536*
66
77 HOUSE BILL 536
88 J1, J2, F5 5lr1960
99
1010 By: Delegates Guzzone, Boafo, Chisholm, Hill, Lopez, Martinez, and M. Morgan
1111 Introduced and read first time: January 22, 2025
1212 Assigned to: Ways and Means and Health and Government Operations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Education and Health – Emergency Use Epinephrine – Alterations 2
1919
2020 FOR the purpose of altering the defined term “auto–injectable epinephrine” to be 3
2121 “emergency use epinephrine” and to include certain drug delivery devices and 4
2222 products; altering the name of the Emergency Use Auto–Injectable Epinephrine 5
2323 Program to be the Emergency Use Epinephrine Program; and generally relating to 6
2424 emergency use epinephrine. 7
2525
2626 BY repealing and reenacting, with amendments, 8
2727 Article – Education 9
2828 Section 7–426.2, 7–426.3, and 9.5–117(a)(3) and (f) 10
2929 Annotated Code of Maryland 11
3030 (2022 Replacement Volume and 2024 Supplement) 12
3131
3232 BY repealing and reenacting, without amendments, 13
3333 Article – Education 14
3434 Section 9.5–117(a)(1) 15
3535 Annotated Code of Maryland 16
3636 (2022 Replacement Volume and 2024 Supplement) 17
3737
3838 BY repealing and reenacting, with amendments, 18
3939 Article – Health – General 19
4040 Section 13–702, 13–704(e), 13–705, 13–706(a), 13–707(a) and (b), and 13–708(b); and 20
4141 13–7A–01, 13–7A–02, 13–7A–03(a)(5), 13–7A–06, 13–7A–07(a) and (b), 21
4242 13–7A–08(b), and 13–7A–09 to be under the amended subtitle “Subtitle 7A. 22
4343 Emergency Use Epinephrine Program” 23
4444 Annotated Code of Maryland 24
4545 (2023 Replacement Volume and 2024 Supplement) 25
4646
4747 BY repealing and reenacting, without amendments, 26
4848 Article – Health Occupations 27 2 HOUSE BILL 536
4949
5050
5151 Section 14–5F–01(a) and 14–5F–04.1(a)(1) 1
5252 Annotated Code of Maryland 2
5353 (2021 Replacement Volume and 2024 Supplement) 3
5454
5555 BY repealing 4
5656 Article – Health Occupations 5
5757 Section 14–5F–01(c) 6
5858 Annotated Code of Maryland 7
5959 (2021 Replacement Volume and 2024 Supplement) 8
6060
6161 BY repealing and reenacting, with amendments, 9
6262 Article – Health Occupations 10
6363 Section 14–5F–01(d) through (g), 14–5F–04.1(d)(1), and 14–5F–14(a)(5) 11
6464 Annotated Code of Maryland 12
6565 (2021 Replacement Volume and 2024 Supplement) 13
6666
6767 BY adding to 14
6868 Article – Health Occupations 15
6969 Section 14–5F–01(g) 16
7070 Annotated Code of Maryland 17
7171 (2021 Replacement Volume and 2024 Supplement) 18
7272
7373 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
7474 That the Laws of Maryland read as follows: 20
7575
7676 Article – Education 21
7777
7878 7–426.2. 22
7979
8080 (a) (1) In this section the following words have the meanings indicated. 23
8181
8282 (2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 24
8383 allergic reaction that occurs when an individual is exposed to an allergen. 25
8484
8585 (3) [“Auto–injectable] “EMERGENCY USE epinephrine” means a portable, 26
8686 disposable drug delivery device OR PRODUCT APPROVED BY THE FEDE RAL FOOD AND 27
8787 DRUG ADMINISTRATION that contains a premeasured single dose of epinephrine that is 28
8888 used to treat anaphylaxis in an emergency situation. 29
8989
9090 (b) Each county board shall establish a policy for public schools within its 30
9191 jurisdiction to authorize the school nurse and other school personnel to administer 31
9292 [auto–injectable] EMERGENCY USE epinephrine, if available, to a student who is 32
9393 determined to be or perceived to be in anaphylaxis, regardless of whether the student: 33
9494
9595 (1) Has been identified as having an anaphylactic allergy, as defined in § 34
9696 7–426.1 of this subtitle; or 35
9797 HOUSE BILL 536 3
9898
9999
100100 (2) Has a prescription for epinephrine as prescribed by an authorized 1
101101 licensed health care practitioner under the Health Occupations Article. 2
102102
103103 (c) The policy established under subsection (b) of this section shall include: 3
104104
105105 (1) Training for school personnel on how to recognize the symptoms of 4
106106 anaphylaxis; 5
107107
108108 (2) Procedures for the emergency administration of [auto–injectable] 6
109109 EMERGENCY USE epinephrine; 7
110110
111111 (3) The proper follow–up emergency procedures; 8
112112
113113 (4) A provision authorizing a school nurse to obtain and store at a public 9
114114 school [auto–injectable] EMERGENCY USE epinephrine to be used in an emergency 10
115115 situation; and 11
116116
117117 (5) A requirement that each public school develop and implement a method 12
118118 for notifying the parents or guardians of students of the school’s policy under this section 13
119119 at the beginning of each school year. 14
120120
121121 (d) Except for any willful or grossly negligent act, a school nurse or other school 15
122122 personnel who respond in good faith to the anaphylactic reaction of a child in accordance 16
123123 with this section may not be held personally liable for any act or omission in the course of 17
124124 responding to the reaction. 18
125125
126126 (e) (1) Each public school shall submit, on the form that the Department 19
127127 requires, a report to the Department on each incident at the school or at a related school 20
128128 event that required the use of [auto–injectable] EMERGENCY USE epinephrine. 21
129129
130130 (2) The Department shall develop and disseminate a standard form to 22
131131 report each incident requiring the use of [auto–injectable] EMERGENCY USE epinephrine 23
132132 at a public school. 24
133133
134134 7–426.3. 25
135135
136136 (a) (1) In this section the following words have the meanings indicated. 26
137137
138138 (2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 27
139139 allergic reaction that occurs when an individual is exposed to an allergen. 28
140140
141141 (3) [“Auto–injectable] “EMERGENCY USE epinephrine” means a portable, 29
142142 disposable drug delivery device OR PRODUCT APPROVED BY THE FEDE RAL FOOD AND 30
143143 DRUG ADMINISTRATION that contains a premeasured single dose of epinephrine that is 31
144144 used to treat anaphylaxis in an emergency situation. 32
145145 4 HOUSE BILL 536
146146
147147
148148 (4) “School personnel” means individuals who are employed by a nonpublic 1
149149 school, including part–time employees, teachers and substitute teachers employed by the 2
150150 school for at least 7 days each school year, a school nurse, registered nurse case manager, 3
151151 delegating nurse, and administrative staff. 4
152152
153153 (b) Each nonpublic school in the State may establish a policy authorizing school 5
154154 personnel to administer [auto–injectable] EMERGENCY USE epinephrine, if available, to a 6
155155 student who is determined to be or perceived to be in anaphylaxis, regardless of whether 7
156156 the student: 8
157157
158158 (1) Has been identified as having an anaphylactic allergy, as defined in § 9
159159 7–426.1 of this subtitle; or 10
160160
161161 (2) Has a prescription for epinephrine as prescribed by an authorized 11
162162 licensed health care practitioner under the Health Occupations Article. 12
163163
164164 (c) The policy established under subsection (b) of this section shall include: 13
165165
166166 (1) Training for school personnel on how to recognize the signs and 14
167167 symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 15
168168 administer [auto–injectable] EMERGENCY USE epinephrine and who has been trained in 16
169169 an established protocol on how to recognize the signs and symptoms of anaphylaxis; 17
170170
171171 (2) Procedures for the emergency administration of [auto–injectable] 18
172172 EMERGENCY USE epinephrine; 19
173173
174174 (3) The proper follow–up emergency procedures; 20
175175
176176 (4) A provision authorizing a school nurse or other licensed health care 21
177177 practitioner to obtain, and[,] school personnel to store, at a nonpublic school 22
178178 [auto–injectable] EMERGENCY USE epinephrine to be used in an emergency situation; 23
179179
180180 (5) A requirement that the nonpublic school develop and implement a 24
181181 method for notifying the parents or guardians of students of the school’s policy under this 25
182182 section at the beginning of each school year; and 26
183183
184184 (6) An ongoing process for oversight and monitoring by a licensed health 27
185185 care practitioner of the implementation of the policy established under subsection (b) of this 28
186186 section. 29
187187
188188 (d) Except for any willful or grossly negligent act, school personnel who respond 30
189189 in good faith to the anaphylactic reaction of a child in accordance with this section may not 31
190190 be held personally liable for any act or omission in the course of responding to the reaction. 32
191191
192192 9.5–117. 33
193193 HOUSE BILL 536 5
194194
195195
196196 (a) (1) In this section the following words have the meanings indicated. 1
197197
198198 (3) [“Auto–injectable] “EMERGENCY USE epinephrine” has the meaning 2
199199 stated in § 7–426.2 of this article. 3
200200
201201 (f) Except for any willfully or grossly negligent act, a child care provider or an 4
202202 employee of a child care provider who responds in good faith to the anaphylactic reaction 5
203203 of a child in accordance with the guidelines implemented under this section or by use of 6
204204 [auto–injectable] EMERGENCY USE epinephrine is immune from civil liability for any act 7
205205 or omission in the course of responding to the reaction. 8
206206
207207 Article – Health – General 9
208208
209209 13–702. 10
210210
211211 (a) In this subtitle the following words have the meanings indicated. 11
212212
213213 (b) “Agent” means an individual who: 12
214214
215215 (1) Is at least 18 years of age; 13
216216
217217 (2) Has successfully completed, at the expense of an applicant, an 14
218218 educational training program approved by the Department; and 15
219219
220220 (3) Is appointed by a certificate holder to administer [auto–injectable] 16
221221 EMERGENCY USE epinephrine in accordance with the provisions of this subtitle. 17
222222
223223 (c) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 18
224224 allergic reaction that occurs when an individual is exposed to an allergen. 19
225225
226226 [(d) “Auto–injectable epinephrine” means a portable, disposable drug delivery 20
227227 device that contains a premeasured single dose of epinephrine that is used to treat 21
228228 anaphylaxis in an emergency situation.] 22
229229
230230 [(e)] (D) “Certificate” means a certificate or an endorsement on the operating 23
231231 certificate of a youth camp issued by the Department to an individual who operates a youth 24
232232 camp under Title 14, Subtitle 4 of this article to obtain, store, and administer 25
233233 [auto–injectable] EMERGENCY USE epinephrine. 26
234234
235235 [(f)] (E) “Certificate holder” means an individual who is authorized by the 27
236236 Department to obtain, store, and administer [auto–injectable] EMERGENCY USE 28
237237 epinephrine to be used in an emergency situation. 29
238238
239239 (F) “EMERGENCY USE EPINEPH RINE” MEANS A PORTABLE , DISPOSABLE 30
240240 DRUG DELIVERY DEVICE OR PRODUCT APPROVED BY THE FEDE RAL FOOD AND 31 6 HOUSE BILL 536
241241
242242
243243 DRUG ADMINISTRATION THAT C ONTAINS A PREMEASURE D SINGLE DOSE OF 1
244244 EPINEPHRINE THAT IS USED TO TREAT ANAPHY LAXIS IN AN EMERGENC Y SITUATION. 2
245245
246246 (g) “Program” means the Emergency and Allergy Treatment Program. 3
247247
248248 (h) “Registered nurse practitioner” has the meaning stated in § 8–101 of the 4
249249 Health Occupations Article. 5
250250
251251 (i) “Youth camp” has the meaning stated in § 14–401 of this article. 6
252252
253253 13–704. 7
254254
255255 (e) An applicant shall have a written policy that includes: 8
256256
257257 (1) Authorization for the certificate holder or agent to administer 9
258258 [auto–injectable] EMERGENCY USE epinephrine, if available, to an individual who has 10
259259 been determined to be or is believed to be experiencing anaphylaxis, whether or not the 11
260260 individual: 12
261261
262262 (i) Has previously been known to have experienced anaphylaxis; or 13
263263
264264 (ii) Has a prescription for epinephrine prescribed by an authorized 14
265265 health care practitioner licensed under the Health Occupations Article; 15
266266
267267 (2) A requirement that youth camp personnel complete training on how to 16
268268 recognize the symptoms of anaphylaxis; 17
269269
270270 (3) Procedures for the emergency administration of [auto–injectable] 18
271271 EMERGENCY USE epinephrine; 19
272272
273273 (4) Procedures for proper emergency follow–up; 20
274274
275275 (5) Authorization for a certificate holder to obtain and store 21
276276 [auto–injectable] EMERGENCY USE epinephrine to be used in an emergency; and 22
277277
278278 (6) A requirement that each certificate holder implement a method for 23
279279 notifying the parent or guardian of a camper of the youth camp’s policy under this section 24
280280 before the camper’s attendance. 25
281281
282282 13–705. 26
283283
284284 (a) (1) A registered nurse practitioner or a physician licensed to practice 27
285285 medicine in the State may prescribe [auto–injectable] EMERGENCY USE epinephrine in 28
286286 the name of a certificate holder. 29
287287 HOUSE BILL 536 7
288288
289289
290290 (2) A registered nurse practitioner, a pharmacist licensed to practice 1
291291 pharmacy in the State, or a physician may dispense [auto–injectable] EMERGENCY USE 2
292292 epinephrine under a prescription issued to a certificate holder. 3
293293
294294 (b) A certificate holder may: 4
295295
296296 (1) On presentment of a certificate, receive from any registered nurse 5
297297 practitioner or any physician licensed to practice medicine in the State a prescription for 6
298298 [auto–injectable] EMERGENCY USE epinephrine and the necessary paraphernalia for the 7
299299 administration of [auto–injectable] EMERGENCY USE epinephrine; and 8
300300
301301 (2) Possess and store prescribed [auto–injectable] EMERGENCY USE 9
302302 epinephrine and the necessary paraphernalia for the administration of [auto–injectable] 10
303303 EMERGENCY USE epinephrine. 11
304304
305305 (c) In an emergency situation when registered nurse practitioner, physician, or 12
306306 emergency medical services are not immediately available, a certificate holder or agent may 13
307307 administer [auto–injectable] EMERGENCY USE epinephrine to an individual who is 14
308308 experiencing or believed in good faith by the certificate holder or agent to be experiencing 15
309309 anaphylaxis. 16
310310
311311 13–706. 17
312312
313313 (a) A certificate holder shall submit to the Department, on a form required by the 18
314314 Department, a report of each incident that occurs while the youth camp is in session that 19
315315 required the administration of [auto–injectable] EMERGENCY USE epinephrine. 20
316316
317317 13–707. 21
318318
319319 (a) A cause of action may not arise against a certificate holder or agent authorized 22
320320 under this subtitle for any act or omission when the certificate holder or agent is acting in 23
321321 good faith while administering [auto–injectable] EMERGENCY USE epinephrine to an 24
322322 individual experiencing or believed by the certificate holder or agent to be experiencing 25
323323 anaphylaxis, except where the conduct of the certificate holder or agent amounts to gross 26
324324 negligence, willful or wanton misconduct, or intentionally tortious conduct. 27
325325
326326 (b) (1) A cause of action may not arise against any physician for any act or 28
327327 omission when the physician in good faith prescribes or dispenses [auto–injectable] 29
328328 EMERGENCY USE epinephrine and the necessary paraphernalia for the administration of 30
329329 [auto–injectable] EMERGENCY USE epinephrine to a person certified by the Department 31
330330 under this subtitle. 32
331331
332332 (2) A cause of action may not arise against any pharmacist for any act or 33
333333 omission when the pharmacist in good faith dispenses [auto–injectable] EMERGENCY U SE 34
334334 epinephrine and the necessary paraphernalia for the administration of [auto–injectable] 35
335335 EMERGENCY USE epinephrine to a person certified by the Department under this subtitle. 36 8 HOUSE BILL 536
336336
337337
338338
339339 (3) A cause of action may not arise against any nurse practitioner for any 1
340340 act or omission when the nurse practitioner in good faith prescribes or dispenses 2
341341 [auto–injectable] EMERGENCY USE epinephrine and the necessary paraphernalia for the 3
342342 administration of [auto–injectable] EMERGENCY USE epinephrine to a person certified by 4
343343 the Department under this subtitle. 5
344344
345345 13–708. 6
346346
347347 (b) An individual may not be held civilly liable in any action arising from or in 7
348348 connection with the administration of [auto–injectable] EMERGENCY USE epinephrine by 8
349349 the individual solely because the individual did not possess a certificate issued under this 9
350350 subtitle. 10
351351
352352 Subtitle 7A. Emergency Use [Auto–Injectable] Epinephrine Program. 11
353353
354354 13–7A–01. 12
355355
356356 (a) In this subtitle the following words have the meanings indicated. 13
357357
358358 (b) “Agent” means an individual who: 14
359359
360360 (1) Is at least 18 years of age; 15
361361
362362 (2) Has successfully completed, at the expense of the participating facility, 16
363363 an educational training program approved by the Department under § 13–7A–03 of this 17
364364 subtitle; and 18
365365
366366 (3) Is designated by a certificate holder to administer [auto–injectable] 19
367367 EMERGENCY USE epinephrine in accordance with the provisions of this subtitle. 20
368368
369369 (c) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 21
370370 allergic reaction that occurs when an individual is exposed to an allergen. 22
371371
372372 [(d) “Auto–injectable epinephrine” means a portable, disposable drug delivery 23
373373 device that contains a premeasured single dose of epinephrine that is used to treat 24
374374 anaphylaxis in an emergency situation.] 25
375375
376376 [(e)] (D) “Certificate” means a certificate issued by the Department to an 26
377377 individual to obtain, store, and administer [auto–injectable] EMERGENCY USE 27
378378 epinephrine. 28
379379
380380 [(f)] (E) “Certificate holder” means an individual who is authorized by the 29
381381 Department to obtain, store, and administer [auto–injectable] EMERGENCY USE 30
382382 epinephrine to be used in an emergency situation. 31
383383 HOUSE BILL 536 9
384384
385385
386386 [(g)] (F) “Eligible institution” means an institution of higher education that has 1
387387 a food service facility or a recreation and wellness facility on the premises and that is 2
388388 authorized under this subtitle to obtain and store [auto–injectable] EMERGENCY USE 3
389389 epinephrine. 4
390390
391391 (G) “EMERGENCY USE EPINEPH RINE” MEANS A PORTABLE , DISPOSABLE 5
392392 DRUG DELIVERY DEVICE OR PRODUCT APPROVED BY THE FEDE RAL FOOD AND 6
393393 DRUG ADMINISTRATION THAT C ONTAINS A PREMEASURE D SINGLE DOSE OF 7
394394 EPINEPHRINE THAT IS USED TO TREAT ANAPHY LAXIS IN AN EMERGENC Y SITUATION. 8
395395
396396 (h) “Food service facility” has the meaning indicated in § 21–301 of this article. 9
397397
398398 (i) “Participating facility” means a recreation or wellness facility at an eligible 10
399399 institution or a food service facility, including a food service facility at an eligible 11
400400 institution, in the State that voluntarily participates in the Program. 12
401401
402402 (j) “Program” means the Emergency Use [Auto–Injectable] Epinephrine 13
403403 Program established under § 13–7A–02 of this subtitle. 14
404404
405405 13–7A–02. 15
406406
407407 (a) There is an Emergency Use [Auto–Injectable] Epinephrine Program. 16
408408
409409 (b) The purpose of the Program is to authorize individuals employed by a 17
410410 participating facility to obtain and store [auto–injectable] EMERGENCY USE epinephrine 18
411411 and administer [auto–injectable] EMERGENCY USE epinephrine to individuals who are 19
412412 experiencing or are believed to be experiencing anaphylaxis when a physician or emergency 20
413413 medical services are not immediately available. 21
414414
415415 (c) (1) Subject to paragraph (4) of this subsection, each participating facility 22
416416 may obtain: 23
417417
418418 (i) A prescription for a supply of [auto–injectable] EMERGENCY 24
419419 USE epinephrine from a licensed physician as provided in § 13–7A–06 of this subtitle; and 25
420420
421421 (ii) A supply of [auto–injectable] EMERGENCY USE epinephrine 26
422422 from a licensed pharmacist or a licensed physician as provided in § 13–7A–06 of this 27
423423 subtitle. 28
424424
425425 (2) Each participating facility shall store a supply of [auto–injectable] 29
426426 EMERGENCY USE epinephrine obtained under paragraph (1)(ii) of this subsection: 30
427427
428428 (i) In accordance with the manufacturer’s instructions; and 31
429429
430430 (ii) In a location that is readily accessible to employees or affiliated 32
431431 individuals in an emergency situation. 33 10 HOUSE BILL 536
432432
433433
434434
435435 (3) Each participating facility shall designate the employees who are 1
436436 certificate holders or designated affiliated individuals who are certificate holders who will 2
437437 be responsible for the storage, maintenance, and control of the supply of [auto–injectable] 3
438438 EMERGENCY USE epinephrine. 4
439439
440440 (4) A participating facility may not obtain or store [auto–injectable] 5
441441 EMERGENCY USE epinephrine unless the participating facility has at least two employees 6
442442 or designated affiliated individuals who are certificate holders. 7
443443
444444 (5) Each participating facility shall maintain a copy of the certificate issued 8
445445 to an employee or a designated affiliated individual under § 13–7A–05 of this subtitle. 9
446446
447447 13–7A–03. 10
448448
449449 (a) The Department shall: 11
450450
451451 (5) Develop a method by which certificate holders may submit a report to 12
452452 the Department about each incident that occurred on the premises of a participating facility 13
453453 that involved the administration of [auto–injectable] EMERGENCY USE epinephrine by a 14
454454 certificate holder or an agent; and 15
455455
456456 13–7A–06. 16
457457
458458 (a) (1) A physician licensed to practice medicine in the State may prescribe 17
459459 [auto–injectable] EMERGENCY USE epinephrine in the name of a certificate holder. 18
460460
461461 (2) A pharmacist licensed to practice pharmacy in the State or a physician 19
462462 may dispense [auto–injectable] EMERGENCY USE epinephrine under a prescription issued 20
463463 to a certificate holder. 21
464464
465465 (b) A certificate holder may: 22
466466
467467 (1) On presentment of a certificate, receive from any physician licensed to 23
468468 practice medicine in the State a prescription for [auto–injectable] EMERGENCY USE 24
469469 epinephrine and the necessary paraphernalia for the administration of [auto–injectable] 25
470470 EMERGENCY USE epinephrine; and 26
471471
472472 (2) Possess and store prescribed [auto–injectable] EMERGENCY USE 27
473473 epinephrine and the necessary paraphernalia for the administration of [auto–injectable] 28
474474 EMERGENCY USE epinephrine. 29
475475
476476 (c) In an emergency situation when a physician or emergency medical services 30
477477 are not immediately available, a certificate holder or an agent may administer 31
478478 [auto–injectable] EMERGENCY USE epinephrine to an individual who is experiencing or is 32
479479 believed in good faith by the certificate holder or agent to be experiencing anaphylaxis. 33 HOUSE BILL 536 11
480480
481481
482482
483483 13–7A–07. 1
484484
485485 (a) (1) Except as provided in paragraph (2) of this subsection, a cause of action 2
486486 may not arise against a certificate holder for any act or omission if the certificate holder or 3
487487 agent is acting in good faith while administering [auto–injectable] EMERGENCY USE 4
488488 epinephrine to an individual who is experiencing or believed by the certificate holder or 5
489489 agent to be experiencing anaphylaxis except where the conduct of the certificate holder or 6
490490 agent amounts to gross negligence, willful or wanton misconduct, or intentionally tortious 7
491491 conduct. 8
492492
493493 (2) The provisions of paragraph (1) of this subsection do not apply if a 9
494494 certificate holder or participating facility that makes available, or a certificate holder who 10
495495 administers, [auto–injectable] EMERGENCY USE epinephrine to an individual who is 11
496496 experiencing or is believed by the certificate holder or participating facility to be 12
497497 experiencing anaphylaxis: 13
498498
499499 (i) Fails to follow standards and procedures for storage and 14
500500 administration of [auto–injectable] EMERGENCY USE epinephrine; or 15
501501
502502 (ii) Administers [auto–injectable] EMERGENCY USE epinephrine 16
503503 that is beyond the manufacturer’s expiration date. 17
504504
505505 (b) (1) A cause of action may not arise against any physician for any act or 18
506506 omission if the physician in good faith prescribes or dispenses [auto–injectable] 19
507507 EMERGENCY USE epinephrine and the necessary paraphernalia for the administration of 20
508508 [auto–injectable] EMERGENCY USE epinephrine to a certificate holder or participating 21
509509 facility under this subtitle. 22
510510
511511 (2) A cause of action may not arise against any pharmacist for any act or 23
512512 omission if the pharmacist in good faith dispenses [auto–injectable] EMERGENCY USE 24
513513 epinephrine and the necessary paraphernalia for the administration of [auto–injectable] 25
514514 EMERGENCY USE epinephrine to a certificate holder or a participating facility under this 26
515515 subtitle. 27
516516
517517 13–7A–08. 28
518518
519519 (b) An individual may not be held civilly liable in any action arising from or in 29
520520 connection with the administration of [auto–injectable] EMERGENCY USE epinephrine by 30
521521 the individual solely because the individual did not possess a certificate issued under this 31
522522 subtitle. 32
523523
524524 13–7A–09. 33
525525
526526 A certificate holder shall submit to the Department, in the manner required under § 34
527527 13–7A–03 of this subtitle, a report of each incident that occurred on the premises of a 35 12 HOUSE BILL 536
528528
529529
530530 participating facility that involved the administration of [auto–injectable] EMERGENCY 1
531531 USE epinephrine by a certificate holder or an agent. 2
532532
533533 Article – Health Occupations 3
534534
535535 14–5F–01. 4
536536
537537 (a) In this subtitle the following words have the meanings indicated. 5
538538
539539 [(c) “Auto–injectable epinephrine” means a portable, disposable drug delivery 6
540540 device that contains a premeasured single dose of epinephrine that is used to treat 7
541541 anaphylaxis in an emergency situation.] 8
542542
543543 [(d)] (C) “Board” means the State Board of Physicians. 9
544544
545545 [(e)] (D) “Committee” means the Naturopathic Medicine Advisory Committee. 10
546546
547547 [(f)] (E) “Council” means the Naturopathic Doctors Formulary Council. 11
548548
549549 [(g)] (F) (1) “Device” means a device used in the diagnosis, treatment, or 12
550550 prevention of disease. 13
551551
552552 (2) “Device” does not include: 14
553553
554554 (i) Any surgical or dental instrument; 15
555555
556556 (ii) Any physical therapy equipment; 16
557557
558558 (iii) Any X–ray apparatus; or 17
559559
560560 (iv) Any component part or accessory of any of the items listed in 18
561561 items (i) through (iii) of this paragraph. 19
562562
563563 (G) “EMERGENCY USE EPINEPH RINE” MEANS A PORTABLE , DISPOSABLE 20
564564 DRUG DELIVERY DEVICE OR PRODUCT APPROVED BY THE FEDE RAL FOOD AND 21
565565 DRUG ADMINISTRATION THAT C ONTAINS A PREMEASURE D SINGLE DOSE OF 22
566566 EPINEPHRINE THAT IS USED TO TREAT ANAPHY LAXIS IN AN EMERGENC Y SITUATION. 23
567567
568568 14–5F–04.1. 24
569569
570570 (a) (1) There is a Naturopathic Doctors Formulary Council within the Board. 25
571571
572572 (d) (1) The formulary adopted by the Board shall include: 26
573573
574574 (i) Nonprescription drugs and devices; 27
575575 HOUSE BILL 536 13
576576
577577
578578 (ii) Prescription oxygen and [auto–injectable] EMERGENCY USE 1
579579 epinephrine; and 2
580580
581581 (iii) Prescription diaphragms and cervical caps for contraception. 3
582582
583583 14–5F–14. 4
584584
585585 (a) A license authorizes a licensee, consistent with naturopathic education and 5
586586 training and competence demonstrated by passing the naturopathic physician licensing 6
587587 examination, to: 7
588588
589589 (5) Administer [auto–injectable] EMERGENCY USE epinephrine; 8
590590
591591 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
592592 1, 2025. 10
593593