Vermont H 574: An act relating to simplifying access to benefits and services

Bill Text

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H.574 1
Introduced by Representative Harple of Glover 2
Referred to Committee on 3
Date: 4
Subject: Human services; health care; child care; epinephrine; stock supply 5
Statement of purpose of bill as introduced: This bill proposes to allow a child 6
care provider to maintain a stock supply of epinephrine at a child care facility 7
and designate personnel to administer epinephrine in emergency 8
circumstances. 9
An act relating to the use and maintenance of epinephrine at child care 10
facilities 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 33 V.S.A. § 3506 is added to read: 13
§ 3506. STOCK SUPPLY AND EMERGENCY ADMINISTRATION OF 14
EPINEPHRINE 15
(a) As used in this section: 16
(1) “Designated personnel” means an employee or volunteer of a child 17
care provider who has completed training required by the Division and who 18
has been authorized by the child care provider to administer epinephrine in 19

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accordance with a health care professional’s standing order or protocol 1
pursuant to this section. 2
(2) “Epinephrine” means a U.S. Food and Drug Administration–3
approved single-use epinephrine delivery system containing a premeasured 4
single dose of epinephrine. 5
(3) “Health care professional” means a physician licensed pursuant to 26 6
V.S.A. chapter 23 or 33, an advanced practice registered nurse licensed to 7
prescribe drugs and medical devices pursuant to 26 V.S.A. chapter 28, or a 8
physician assistant licensed to prescribe drugs and medical devices pursuant to 9
26 V.S.A. chapter 31. 10
(b)(1) A health care professional may prescribe epinephrine in a child care 11
provider’s name, which may be maintained in the child care facility for use as 12
described in subsection (d) of this section. The health care professional shall 13
issue to the child care provider a standing order for the use of epinephrine 14
prescribed under this section, including protocols for: 15
(A) recognizing whether an individual is experiencing a potentially 16
life-threatening allergic reaction; 17
(B) administering epinephrine to an individual experiencing a 18
potentially life-threatening allergic reaction; 19

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(C) caring for an individual after administering epinephrine, 1
including contacting emergency services personnel and documenting the 2
incident; and 3
(D) disposing of used or expired epinephrine. 4
(2) A pharmacist licensed pursuant to 26 V.S.A. chapter 36 or a health 5
care professional may dispense epinephrine prescribed to a child care provider. 6
(c) A child care provider may maintain a stock supply of epinephrine. A 7
child care provider may enter into arrangements with epinephrine 8
manufacturers or suppliers to acquire these products for free or at reduced or 9
fair market prices. 10
(d) The child care provider may authorize appropriately trained designated 11
personnel to: 12
(1) administer prescribed epinephrine to a child according to a plan of 13
action maintained in the child’s health records on file with the child care 14
provider; and 15
(2) administer epinephrine, in accordance with the protocol issued under 16
subsection (b) of this section, to a child or other individual at a child care 17
facility if the designated personnel believes in good faith that the child or 18
individual is experiencing anaphylaxis, regardless of whether the child or 19
individual has a prescription for epinephrine. 20

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(e) Designated personnel, a child care provider, and a health care 1
professional prescribing epinephrine to a child care provider shall be immune 2
from any civil or criminal liability arising from the administration of 3
epinephrine under this section, unless the person’s conduct constituted 4
intentional misconduct. Providing or administering epinephrine under this 5
section does not constitute the practice of medicine. 6
(f) The Division, in consultation with the Department of Health, shall adopt 7
rules pursuant to 3 V.S.A. chapter 25 for managing children with life-8
threatening allergies and other individuals with life-threatening allergies who 9
may be present at a child care facility. The rules shall: 10
(1) establish protocols to prevent exposure to allergens in child care 11
facilities; 12
(2) establish procedures for responding to life-threatening allergic 13
reactions in child care facilities, including postemergency procedures; 14
(3) implement a process for child care providers and the parents or 15
guardians of children with a life-threatening allergy to jointly develop a written 16
individualized allergy management plan of action that: 17
(A) incorporates instructions from a child’s health care professional 18
regarding the child’s life-threatening allergy and prescribed treatment; 19
(B) becomes part of the