Code of the District of Columbia

Subchapter II. Access to Treatment for Anaphylaxis.


§ 7–2381.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Administer" means the direct application of an epinephrine auto-injection to a human body.

(2) "Authorized entity" means any entity or organization other than a public school, including recreational camps, colleges, universities, day care facilities, youth sports leagues, restaurants, places of employment, and sports arenas.

(3) "Department" means the Department of Health.

(4) "Epinephrine auto-injector" means a disposable drug delivery system with a spring-activated needle that is designed for the emergency administration of epinephrine to a person suffering an episode of anaphylaxis.

(5) "Health care professional" means a physician, physician assistant, or advanced practice registered nurse licensed under Chapter 12 of Title 3.

(6) "Standing order" means a prescriptive order written by a health care professional that is not specific to and does not identify a particular patient.


(Feb. 22, 2019, D.C. Law 22-207, § 2, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 2 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.02. Epinephrine prescriptions.

(a) A health care professional acting in good faith may directly or by standing order prescribe an epinephrine auto-injector to an authorized entity that has an employee or agent who has completed the training program described in § 7-2381.04.

(b) A pharmacist, in accordance with a health care professional's prescription or standing order, may dispense and distribute an epinephrine auto-injector to an authorized entity to whom an epinephrine auto-injector has been prescribed.


(Feb. 22, 2019, D.C. Law 22-207, § 3, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 3 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.03. Authorized use.

An employee or agent of an authorized entity who has completed the training program described in § 7-2381.04 may use an epinephrine auto-injector prescribed pursuant to § 7-2381.02 to:

(1) Provide an epinephrine auto-injector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis, for immediate administration;

(2) Provide an epinephrine auto-injector to the parent, guardian, or caregiver of an individual who the employee or agent believes in good faith is experiencing anaphylaxis, for immediate administration; or

(3) Administer an epinephrine auto-injector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis.


(Feb. 22, 2019, D.C. Law 22-207, § 4, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 4 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.04. Training required.

(a) An employee or agent of an authorized entity may not provide or administer an epinephrine auto-injector under this subchapter unless he or she completes an anaphylaxis training program. The training program shall be conducted by:

(1) A nationally recognized organization experienced in training laypersons in emergency health treatment; or

(2) An entity or individual approved by the Department.

(b) The training program may be conducted online or in person and shall include instruction on:

(1) The recognition of 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) Post-administration emergency medical follow-up procedures.

(c) An organization, individual, or entity that conducts the training program shall issue a certificate, on a form developed by the Department, to each person who successfully completes the training program.


(Feb. 22, 2019, D.C. Law 22-207, § 5, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 5 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.05. Storing and maintaining epinephrine.

(a) An authorized entity may acquire and maintain epinephrine auto-injectors obtained in accordance with § 7-2381.02. Once acquired, the epinephrine auto-injectors shall be maintained:

(1) In a location readily accessible in an emergency situation;

(2) In accordance with the manufacturer's instructions for storage; and

(3) In accordance with any additional requirements that may be established by the Department.

(b) An authorized entity shall designate employees or agents who have completed the training described in § 7-2381.04 to be responsible for the storage and maintenance of epinephrine auto-injectors acquired by the authorized entity.


(Feb. 22, 2019, D.C. Law 22-207, § 6, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 6 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.06. Limitations on liability.

(a) The following shall be immune from civil or criminal liability for the performance of actions authorized by this subchapter; provided, that no immunity shall extend to gross negligence, recklessness, or intentional misconduct:

(1) An authorized entity and its employees or agents; and

(2) A third party that facilitates the availability of epinephrine auto-injectors to an authorized entity.

(b) The following shall be immune from civil or criminal liability for the performance of actions authorized by this subchapter; provided, that no immunity shall extend to gross negligence, recklessness, intentional misconduct, or a willful or wanton disregard for the health or safety of others:

(1) A health care professional that prescribes epinephrine auto-injectors to an authorized entity;

(2) A pharmacist that dispenses or distributes epinephrine auto-injectors to an authorized entity; and

(3) An organization, individual, or entity that conducts the training described in § 7-2381.04.


(Feb. 22, 2019, D.C. Law 22-207, § 7, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 7 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.07. Incident reports.

(a) An authorized entity that acquires and provides or administers epinephrine auto-injectors shall submit to the Department, on a form developed by the Department, a report of each incident on the authorized entity's premises that involves the provision or administration of an epinephrine auto-injector pursuant to § 7-2381.03.

(b) By January 1, 2020, and annually thereafter, the Department shall publish a report summarizing and analyzing the reports submitted pursuant to subsection (a) of this section during the previous fiscal year.


(Feb. 22, 2019, D.C. Law 22-207, § 8, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 8 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.08. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.


(Feb. 22, 2019, D.C. Law 22-207, § 9, 65 DCR 12365.)

Applicability

Applicability of D.C. Law 22-207: § 10 of D.C. Law 22-207 provided that the creation of this section by § 9 of D.C. Law 22-207 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 7–2381.09. Applicability. [Repealed]

Repealed.


(Feb. 22, 2019, D.C. Law 22-207, § 10, 65 DCR 12365; Sept. 11, 2019, D.C. Law 23-16, § 7155, 66 DCR 8621.)