2016 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 126-A - DEPARTMENT OF HEALTH AND HUMAN SERVICES
Section 126-A:71 - Administration of Epinephrine.

    126-A:71 Administration of Epinephrine. –
    I. A health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this subdivision, and pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.
    II. An authorized entity may acquire and maintain a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this subdivision. Such epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the instructions for use, and any additional requirements that may be established by the department of health and human services. An authorized entity shall designate employees or agents who have completed the training required by paragraph IV to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
    III. An employee or agent of an authorized entity, or other individual, who has completed the training required by paragraph IV may use epinephrine auto-injectors prescribed pursuant to this section to:
       (a) Provide an epinephrine auto-injector to any individual who the employee agent or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
       (b) Administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
    IV. (a) An employee, agent, or other individual described in paragraph III shall complete an anaphylaxis training program at least every 2 years, following completion of the initial anaphylaxis training program. Such training shall be conducted by a nationally-recognized organization experienced in training unlicensed persons in emergency health care treatment or an entity or individual approved by the department of health and human services. Training may be conducted online or in person and, at a minimum, shall cover:
          (1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;
          (2) Standards and procedures for the storage and administration of an epinephrine auto-injector; and
          (3) Emergency follow-up procedures.
       (b) The entity or individual that conducts the training shall issue a certificate, on a form developed or approved by the department of health and human services, to each person who successfully completes the anaphylaxis training program.
    V. No authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other individuals, or health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity, or pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity, or individual or entity that conducts the training described in paragraph IV, shall be liable for any injuries or related damages that result from any act or omission pursuant to this section, unless such injury or damage is the result of willful or wanton misconduct. The administration of an epinephrine auto-injector in accordance with this section shall not be considered to be the practice of medicine or any other profession that otherwise requires licensure. This section shall not be construed to eliminate, limit, or reduce any other immunity or defense that may be available under state law. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this state if the entity would not have been liable for such injuries or related damages had the provision or administration occurred within this state, or is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.
    VI. An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the department of health and human services, on a form developed by the department of health and human services, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine auto injector pursuant to paragraph III. The department of health and human services shall annually publish a report on the department's website that summarizes and analyzes all reports submitted to it under this section.

Source. 2016, 39:1, eff. July 2, 2016.