2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 5 - EPINEPHRINE AUTO-INJECTORS (§§ 68-140-501 — 68-140-502) › Section 68-140-502 - Prescribers of epinephrine auto - injectors - Stock and storage - Training for administration of epinephrine auto - injectors - Training programs - Liability

(a)
A health care prescriber may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this part, and pharmacists and health care prescribers may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.
(b)
An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with subsection (a). Except as otherwise provided in subsection (g), if an authorized entity acquires and stocks a supply of epinephrine auto-injectors pursuant to this subsection (b), the authorized entity shall:
(1)
Store epinephrine auto-injectors in a location readily accessible in an emergency, and in accordance with the epinephrine auto-injector's instructions for use and any rules promulgated by the department for the maintenance of epinephrine auto-injectors by an authorized entity; and
(2)
Designate one (1) or more employees or agents who have completed the training required by subsection (d) to be responsible for the storage, maintenance, control, and general supervision of the epinephrine auto-injectors.
(c)
An employee or agent of an authorized entity who has completed the training required by subsection (d), or a layperson who is provided access to an EPAS in accordance with subsection (g), may:
(1)
Provide an epinephrine auto-injector to a person who the employee, agent, or person believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of the person, for immediate administration to the person, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; and
(2)
Administer an epinephrine auto-injector to a person who the employee, agent, or person believes in good faith is experiencing anaphylaxis, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
(d)
Before an employee or agent of an authorized agency is designated pursuant to subdivision (b)(2) or authorized to provide or administer an epinephrine auto-injector pursuant to subsection (c), the employee or agent shall complete an initial anaphylaxis training program and shall complete the training program at least every two (2) years thereafter. The training program shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment, by an entity or person approved by the department, or as part of a class approved by the department. An employee or agent may complete the training required pursuant to this subsection (d) in a live setting or on the internet.
(e)
A training program conducted pursuant to subsection (d) shall include training on:
(1)
Methods for recognizing 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.
(f)
An entity or person that conducts an anaphylaxis training program shall issue a certificate of completion to each person who successfully completes the training program. The department may create or approve a form for use in accordance with this subsection (f).
(g)
An authorized entity that acquires a stock supply of epinephrine auto-injectors pursuant to subsection (b) may store a supply of epinephrine auto-injectors in an EPAS for the purpose of making the epinephrine auto-injectors available to a layperson under the remote supervision of a medical professional. A layperson may access an epinephrine auto-injector from an EPAS only upon remote authorization by a medical professional and after consultation with the medical professional by audio, televideo, or other similar means of electronic communication. A layperson who is provided access to an epinephrine auto-injector in accordance with this subsection (g) may administer or provide the epinephrine auto-injector to a person in accordance with subsection (c) regardless of whether the layperson has completed an anaphylaxis training program conducted pursuant to subsection (d).
(h)
The following entities and persons are immune from civil liability in the absence of gross negligence for any action authorized by this section or the failure to take any action authorized by this section:
(1)
An authorized entity that acquires, stocks, and makes available epinephrine auto-injectors;
(2)
An employee or agent of an authorized entity, or a layperson, who administers or provides an epinephrine auto-injector;
(3)
A health care prescriber who prescribes epinephrine auto-injectors to an authorized entity;
(4)
A pharmacist or health care prescriber who dispenses epinephrine auto-injectors to an authorized entity;
(5)
A third party that facilitates the availability of epinephrine auto-injectors to an authorized entity;
(6)
A medical professional who maintains and supervises, and provides remote access to, an EPAS; and
(7)
An organization, entity, or person that conducts a training program.
(i)
An authorized entity located in this state is immune from civil liability for any injuries or related damages resulting from the provision or administration of an epinephrine auto-injector by an employee or agent of the authorized entity that occurs outside of this state if the authorized entity:
(1)
Would not be liable for the injuries or related damages had the provision or administration of the epinephrine auto-injector occurred within this state; or
(2)
Is not liable for the injuries or related damages under any applicable law of the state in which the provision or administration of the epinephrine auto-injector occurred.
(j)
This section shall not be deemed to eliminate, limit, or reduce any other immunity or defense that may be available to an authorized entity or person under any applicable law of this state, including §
63-6-218
.
(k)
An action authorized pursuant to this section shall not be deemed to be the practice of medicine or any other profession that otherwise requires licensure.
(l)
An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the department a report of each incident on the premises of the authorized entity involving the administration or provision of an epinephrine auto-injector pursuant to subsection (c). The department may create or approve a form for use in accordance with this subsection (
l
).
Added by 2016 Tenn. Acts, ch. 805, s 1, eff. 7/1/2016.