Assigned to HHS                                                                                                           AS PASSED BY HOUSE

 


 

 

 

ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1440

 

epinephrine delivery systems

Purpose

Replaces statutory references to the term epinephrine auto-injector with the term epinephrine delivery system.

Background

Statute allows an employee of a school district or charter school trained in the administration of epinephrine auto-injectors, under a standing order issued by an approved health care provider, to administer epinephrine auto-injectors to a pupil or adult who the employee believes in good faith to be exhibiting symptoms of anaphylactic shock at a school or
school-sponsored event. Employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of emergency administration requirements, except in cases of wanton or willful neglect (A.R.S. § 15-157).

Colleges and universities, recreation camps, day care facilities, youth sports leagues and other authorized entities may also acquire and stock a supply of epinephrine auto-injectors for use by trained employees or agents of the entity to provide or administer to any individual believed, in good faith, to be experiencing anaphylaxis. Prescribing practitioners and authorized entity employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of emergency administration requirements, except in cases of wanton or willful neglect (A.R.S. § 36-2226.01).

Statute authorizes first responders who are trained in administering epinephrine injections to administer an injection to a person who the first responder believes in good faith is experiencing anaphylaxis under a standing order issued by a doctor of allopathic or osteopathic medicine, naturopathic physician, physician assistant or nurse practitioner. Except in the cases of wanton or wilful neglect, first responders who administer epinephrine injections, as prescribed, are immune from professional liability and criminal prosecution. First responder includes law enforcement officers, firefighters and ambulance attendants (A.R.S. § 36-2226.02).

Epinephrine auto-injectors are single-use devices used for the automatic injection of a premeasured dose of epinephrine into the human body (A.R.S. § 36-2226.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Replaces statutory references to the term epinephrine auto-injectors with the term epinephrine delivery system.

2.   Allows first responders trained in administering epinephrine injections to administer an epinephrine delivery system to a person experiencing anaphylaxis.

3.   Extends immunity from professional liability and criminal prosecution to first responders who administer an epinephrine delivery system to a person experiencing anaphylaxis, as prescribed.

4.   Specifies that there is no established duty to act or standard of care for a first responder to administer an epinephrine delivery system.

5.   Defines epinephrine delivery system as a single-use device or product that contains a premeasured dose of epinephrine and that is approved by the U.S. Food and Drug Administration to prevent or treat a life-threatening allergic reaction.

6.   Makes technical and conforming changes.

7.   Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

1.   Redefines epinephrine delivery system as a single-use device or product that contains a premeasured dose of epinephrine and that is approved by the U.S. Food and Drug Administration to prevent or treat a life-threatening allergic reaction.

2.   Allows first responders trained in administering epinephrine injections to administer an epinephrine delivery system to a person experiencing anaphylaxis.

3.   Extends immunity from professional liability and criminal prosecution to first responders who administer an epinephrine delivery system to a person experiencing anaphylaxis, as prescribed.

4.   Removes the emergency clause.

Senate Action                                                          House Action

HHS                2/12/25      DP       6-0-1                   ED                   3/11/25      DPA          12-0-0-0                     

3rd Read          2/27/25                  29-0-1                 3rd Read          4/14/25                        55-0-5

 

Prepared by Senate Research

April 14, 2025

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