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The Florida Senate

CS/CS/HB 1131 — Emergency Allergy Treatment

by Health and Human Services Committee; Health Quality Subcommittee; Rep. Hudson and others (CS/CS/SB 1122 by Appropriations Committee; Health Policy Committee; Senators Bean, Gibson, Bradley, and Galvano)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Health Policy Committee (HP)

The bill renames the Insect Sting Emergency Treatment Act to the Emergency Allergy Treatment Act. The act’s scope is expanded to include all emergency allergy reactions and to broaden the availability of epinephrine auto-injectors to additional authorized entities.

For persons who administer lifesaving treatment to persons who have severe allergic reactions when a physician is not immediately available, the requirements for certification are modified to require training to be conducted by a nationally recognized organization or entity approved by the Department of Health, rather than a physician. Additionally, the list of those persons eligible for certification is expanded to include, but not be limited to, camp counselors, scout leaders, school teachers, forest rangers, tour guides, and chaperones who successfully complete the training program.

Authorized entities may also obtain a prescription for epinephrine auto-injectors, then stock and store it for later use by a certified individual on a person who the individual believes in good faith is experiencing a severe allergic reaction. An authorized entity may make an epinephrine auto-injector available to a person who does not have a certification upon remote authorization from a health care practitioner.

Immunity from civil liability is provided under s. 768.13, F.S., the Good Samaritan Act, to certain persons who possess, administer, or store an epinephrine auto-injector in compliance with the Emergency Allergy Treatment Act under specific parameters.

Outdated references to epinephrine delivery devices are removed from statute and specific references to the use and prescription of epinephrine auto-injectors are updated.

If approved by the Governor, these provisions take effect July 1, 2014.

Vote: Senate 38-0; House 116-0