S2448

An Act concerning emergency administration of epinephrine at institutions of higher education and supplementing chapter 61D of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Higher Education Epinephrine Emergency Treatment Act.”

2. The Legislature finds and declares that:

a. Insect and food allergies are the leading cause of anaphylaxis, a life-threatening condition that is easily treatable with epinephrine, a medication only available via prescription;

b. Individuals who are known to be at risk of anaphylaxis may carry emergency doses of epinephrine with them at all times. However, many individuals may not be aware of their allergy and therefore do not carry epinephrine medication;

c. New Jersey’s institutions of higher education enroll students and attract faculty from around the country and around the world. They offer a broad array of educational opportunities for the students and faculty, both on and off campus, including trips and field studies to new environments that may expose them to different kinds of insects and foods for the first time. These are often remote settings where medical professionals or first responders are not available to provide emergency care for anaphylaxis;

d. The State of New Jersey in P.L.1997, c.368 (C.18A:40-12.5 et seq.) has already recognized the value of training non-medical professionals to administer this life-saving drug in K-12 educational settings when a medical professional is not physically present at the scene; and

e. It would be prudent to provide individuals in higher education settings who are responsible for the safety of one or more individuals with the tools to respond to emergency situations, particularly when placed in settings where exposure to unfamiliar insects or types of food is likely and where assistance from medical professionals and first responders is not readily available.

3. As used in this act:

“Institution of higher education” means a public or independent institution of higher education.

“Licensed campus medical professional” means a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey and is designated by an institution of higher education to oversee the institution’s epinephrine administration and training program.

“Member of the campus community” means an individual who is a student, faculty, or staff member of an institution of higher education.

“Secretary” means the Secretary of Higher Education.

“Trained designee” means a member of the campus community trained by a licensed campus medical professional in the emergency administration of epinephrine via a pre-filled auto-injector mechanism.

4. a. An institution of higher education may develop a policy, in accordance with the guidelines established by the secretary pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the emergency administration of epinephrine via a pre-filled auto-injector mechanism to a member of the campus community for anaphylaxis when a medical professional is not available. The policy shall:

(1) permit a trained designee, under the guidance of a licensed campus medical professional, to administer epinephrine via a pre-filled auto-injector mechanism to a member of the campus community for whom the designee is responsible, when the designee in good faith believes that the member of the campus community is having an anaphylactic reaction;

(2) permit a trained designee, when responsible for the safety of one or more members of the campus community, to carry in a secure but easily accessible location a supply of pre-filled epinephrine auto-injectors that is prescribed under a standing protocol from a licensed physician; and

(3) provide that the licensed campus medical professional shall have responsibility for training designees in the administration of epinephrine via a pre-filled auto-injector mechanism, and distributing prescribed pre-filled epinephrine auto-injectors to trained designees.

b. Each institution of higher education that develops a policy pursuant to subsection a. of this section shall designate a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey to serve as the licensed campus medical professional.

c. A licensed campus medical professional is authorized to:

(1) establish and administer a standardized training protocol for the emergency administration of epinephrine by trained designees;

(2) ensure that trained designees have satisfactorily completed the training protocol;

(3) obtain a supply of pre-filled epinephrine auto-injectors under a standing protocol from a licensed physician; and

(4) control distribution to trained designees of pre-filled epinephrine auto-injectors.

5. To become a trained designee, an individual must meet the following requirements:

a. be 18 years of age or older;

b. have, or reasonably expect to have, responsibility for at least one other member of the campus community as a result of the individual’s occupational or volunteer status; and

c. have satisfactorily completed a standardized training protocol established and administered by a licensed campus medical professional in accordance with guidelines developed by the secretary.

6. The secretary, in consultation with the Department of Health, shall establish guidelines for the development of a policy by an institution of higher education for the emergency administration of epinephrine to a member of the campus community for anaphylaxis when a medical professional is not available. The guidelines shall address issues including, but not limited to, the responsibilities of the institution of higher education, the licensed campus medical professional, and the trained designee for the emergency administration of epinephrine. The secretary shall disseminate the guidelines to the president of each institution of higher education.

7. No licensed campus medical professional, trained designee, or physician providing a prescription under a standing protocol for epinephrine pursuant to this act, shall be held liable for any good faith act or omission committed in accordance with the provisions of this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

8. Nothing in this act shall be construed to:

a. permit a trained designee to perform the duties or fill the position of a licensed medical professional;

b. prohibit the administration of a pre-filled epinephrine auto-injector mechanism by a person acting pursuant to a lawful prescription; or

c. prevent a licensed and qualified member of a health care profession from administering a pre-filled epinephrine auto-injector mechanism if the duties are consistent with the accepted standards of the member’s profession.

9. This act shall take effect immediately.

STATEMENT

This bill, known as the “Higher Education Epinephrine Emergency Treatment Act,” allows public and independent institutions of higher education in New Jersey to develop a policy for the emergency administration of epinephrine to a member of the campus community for anaphylaxis when a medical professional is not available. Institutions of higher education that develop such policies must designate an appropriately licensed physician, physician assistant, advanced practice nurse, or registered nurse to serve as the “licensed campus medical professional,” who will oversee the institution’s epinephrine administration and train designees in the administration of epinephrine via a pre-filled auto-injector mechanism. Eligible designees must be members of the campus community who are at least 18 years of age; have, or reasonably expect to have, responsibility for at least one other member of the campus community as a result of the designee’s occupational or volunteer status; and satisfactorily complete the training protocol administered by the licensed campus medical professional. A policy developed by an institution of higher education under the act would permit a trained designee to administer epinephrine to a member of the campus community for whom the designee is responsible when the designee in good faith believes that the member of the campus community is having an anaphylactic reaction. Under the bill, a licensed campus medical professional is authorized to obtain a supply of pre-filled epinephrine auto-injectors under a standing protocol from a licensed physician and to control distribution of the devices to trained designees.

The bill directs the Secretary of Higher Education to establish guidelines for the development of a policy for the emergency administration of epinephrine, which will be disseminated to the president of each institution of higher education. In addition, the bill provides immunity for a licensed campus medical professional, a trained designee, and a prescribing physician for good faith acts or omissions committed in accordance with the bill’s provisions.

Institutions of higher education in New Jersey enroll students and attract faculty from around the country and the world, and they offer a broad array of educational opportunities both on and off campus. These programs may include field trips and field studies to new environments that expose students and faculty to different kinds of insects and foods for the first time. Medical professionals and first responders may not be readily available in such settings, and individuals without a known allergy do not carry epinephrine medication with them. Under this bill, institutions of higher education can develop policies that allow lay members of the campus community who are responsible for the safety of others by virtue of their occupational or volunteer status to be trained in the emergency administration of epinephrine for anaphylaxis, which can be a life-saving measure.