An Act To Expand Public Access to Epinephrine Autoinjectors
Maine Legislature, Session 127, LD 1125
Committee: Health and Human Services
Sponsors: PETERSON, HASKELL, BURSTEIN, GATTINE, HEAD, MALABY, SHORT, BRAKEY

Legislative Document 
No. 1125 
H.P. 776 
House of Representatives, March 26, 2015 
An Act To Expand Public Access to Epinephrine Autoinjectors 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative PETERSON of Rumford. 
Cosponsored by Senator HASKELL of Cumberland and 
Representatives: BURSTEIN of Lincolnville, GATTINE of Westbrook, HEAD of Bethel, 
MALABY of Hancock, McCABE of Skowhegan, SHORT of Pittsfield, Senator: BRAKEY of 
Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA c. 423 is enacted to read: 
CHAPTER 423 
ACCESS TO EPINEPHRINE AUTOINJECTOR 
§2150-F.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Administer.  "Administer" means to apply an epinephrine autoinjector directly to 
a human body. 
2.  Authorized entity.  "Authorized entity" means any entity, organization or place of 
employment, other than a school under Title 20-A, section 6305, in connection with or at 
which allergens capable of causing anaphylaxis may be present, including but not limited 
to recreation camps, colleges, universities, day care facilities, youth sports leagues, 
amusement parks, restaurants and sports arenas. 
3.  Emergency public access station.  "Emergency public access station" means a 
locked, secure container for the storage of epinephrine autoinjectors that is under the 
general oversight of a health care practitioner who is available in real time by audio, 
video or other similar means of electronic communication and that, upon authorization of 
the consulting health care practitioner, may be unlocked to make available the 
epinephrine autoinjectors. 
4.  Epinephrine autoinjector.  "Epinephrine autoinjector" means a single-use device 
used for the automatic injection of a premeasured dose of epinephrine into a human body. 
5.  Health care practitioner.  "Health care practitioner" means an individual who is 
licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe 
and administer drugs in the course of professional practice. 
§2150-G.  Epinephrine autoinjectors; emergency administration 
1.  Prescribing to an authorized entity permitted.  A health care practitioner may 
prescribe epinephrine autoinjectors in the name of an authorized entity for use in 
accordance with this section, and pharmacists and health care practitioners may dispense 
epinephrine autoinjectors pursuant to a prescription issued in the name of an authorized 
entity.  A prescription authorized pursuant to this section is valid for 2 years. 
2.  Authorized entities permitted to maintain supply.  An authorized entity may 
acquire and stock a supply of epinephrine autoinjectors pursuant to a prescription issued 
under subsection 1.  An epinephrine autoinjector must be stored in a location readily 
accessible in an emergency and in accordance with the instructions for use for the 
epinephrine autoinjector and any additional requirements that may be established by the 
department.  An authorized entity shall designate employees or agents who have 
completed the training required under subsection 4 to be responsible for the storage, 
maintenance, control and general oversight of epinephrine autoinjectors acquired by the 
authorized entity. 
3.  Use of epinephrine autoinjectors.  An employee or agent of an authorized entity 
who has completed the training required by subsection 4 may use epinephrine 
autoinjectors prescribed pursuant to subsection 1 to: 
A.  Provide an epinephrine autoinjector to a person the employee or agent believes in 
good faith is experiencing anaphylaxis, or the parent, guardian or caregiver of such a 
person, for immediate administration, regardless of whether the person has a 
prescription for an epinephrine autoinjector or has previously been diagnosed with an 
allergy; and 
B.  Administer an epinephrine autoinjector to a person the employee or agent believes 
in good faith is experiencing anaphylaxis, regardless of whether the person has a 
prescription for an epinephrine autoinjector or has previously been diagnosed with an 
allergy. 
4.  Training.  An employee or agent of an authorized entity shall complete an 
anaphylaxis training program and shall complete additional training at least every 2 years 
thereafter.  The training must be conducted by a nationally recognized organization 
experienced in training nonprofessionals in emergency health treatment or an entity or 
individual approved by the department.  The department may approve specific entities or 
individuals or may approve classes of entities or individuals to conduct training.  Training 
may be conducted online or in person and, at a minimum, must cover: 
A.  How to recognize signs and symptoms of severe allergic reactions, including 
anaphylaxis; 
B.  Standards and procedures for the storage and administration of an epinephrine 
autoinjector; and 
C.  Emergency follow-up procedures. 
The entity or individual that conducts the training shall issue a certificate, on a form 
developed or approved by the department, to each person who successfully completes the 
anaphylaxis training program. 
5.  Immunity.  An authorized entity that possesses and makes available epinephrine 
autoinjectors and its employees and agents; a health care practitioner that prescribes 
epinephrine autoinjectors to an authorized entity; a pharmacist or health care practitioner 
that dispenses epinephrine autoinjectors to an authorized entity; and an individual or 
entity that conducts the training under subsection 4 may not be held liable for any injuries 
or related damages that result from any act or omission taken in good faith pursuant to 
this section except that this immunity does not apply to acts or omissions constituting 
gross negligence or willful or wanton misconduct.  The administration of an epinephrine 
autoinjector in accordance with this section is not the practice of medicine or any other 
profession that otherwise requires licensure.  This subsection does not eliminate, limit or 
reduce any other immunity or defense that may be available under the laws of this State, 
including that provided under Title 14, section 164.  An authorized entity located in this 
State is not liable for any injuries or related damages that result from the provision or 
administration of an epinephrine autoinjector outside of this State if the authorized entity 
would not have been liable for such injuries or related damages had the provision or 
administration occurred within this State. 
6.  Reporting.  An authorized entity that possesses and makes available epinephrine 
autoinjectors 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 administration 
of an epinephrine autoinjector pursuant to subsection 3.  The department shall annually 
publish a summary of all reports submitted to it under this subsection. 
§2150-H.  Emergency public access stations 
1.  Emergency public access stations.  Notwithstanding any provision of Title 32, 
chapters 2-B, 31, 48 and 117: 
A.  A health care practitioner may prescribe a stock supply of epinephrine 
autoinjectors to an entity or organization for storage in an emergency public access 
station or may place a stock supply of epinephrine autoinjectors at an entity or 
organization in an emergency public access station in accordance with protocols 
established by the health care practitioner and approved by the department; 
B.  A health care practitioner may provide consultation services to an individual 
accessing an emergency public access station and may make the epinephrine 
autoinjectors stored in the emergency public access station available to the individual 
in accordance with protocols established by the health care practitioner and approved 
by the department; and 
C.  An individual may use an emergency public access station and may administer or 
provide an epinephrine autoinjector made available from the emergency public access 
station to a person believed in good faith to be experiencing anaphylaxis or may 
provide such an epinephrine autoinjector to the parent, guardian or caregiver of such 
a person. 
2.  Immunity.  A person, including an entity or organization at which an emergency 
public access station is located, a health care practitioner and a user of an emergency 
public access station, who undertakes in good faith any act or omission pursuant to this 
section is not liable for any injuries or related damages that result from any such act or 
omission except that this immunity does not apply to acts or omissions constituting gross 
negligence or willful or wanton misconduct.  This subsection does not eliminate, limit or 
reduce any other immunity or defense that may be available under the laws of this State, 
including that provided under Title 14, section 164.  Use of an emergency public access 
station in accordance with this section is not the practice of medicine or any other 
profession that otherwise requires licensure. 
SUMMARY 
This bill allows entities, organizations and places of employment at which allergens 
capable of causing anaphylaxis may be present, other than schools, to stock prescribed 
epinephrine autoinjectors and administer them to persons believed in good faith to be 
experiencing anaphylaxis and provides that those entities, organizations and places of 
employment may not be held liable for any injuries or related damages that may result.  It 
requires training for employees or agents of such entities, organizations or places of 
employment.  It also provides for the establishment of emergency public access stations 
to contain stocks of epinephrine autoinjectors, allows health care practitioners to stock 
them with epinephine autoinjectors and to provide individuals accessing the stations with 
consultation services in real time by audio, video or other similar means of electronic 
communication and provides that persons involved with the stations and acting in good 
faith may not be held liable for any injuries or related damages that may result.