Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
(c) "Authorized entity" means entities that fall in the categories of recreation camps, colleges and universities, preschools and daycares, and any other category of entities or organizations that the commissioner authorizes to obtain and administer epinephrine auto-injectors without a prescription. This definition does not include a school covered under section 121A.2207.
(d) "Authorized individual" means an individual who has successfully completed the training program under subdivision 5.
(e) "Commissioner" means the commissioner of health.
(f) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body or another epinephrine delivery system approved by the United States Food and Drug Administration for public use.
(g) "Provide" means to supply one or more epinephrine auto-injectors to an individual or the individual's parent, legal guardian, or caretaker.
Subd. 2. Commissioner duties. The commissioner may identify additional categories of entities or organizations to be authorized entities if the commissioner determines that individuals may come in contact with allergens capable of causing anaphylaxis. Beginning July 1, 2016, the commissioner may annually review the categories of authorized entities and may authorize additional categories of authorized entities as the commissioner deems appropriate. The commissioner may contract with a vendor to perform the review and identification of authorized entities.
Subd. 3. Obtaining and storing epinephrine auto-injectors. (a) Notwithstanding section 151.37, an authorized entity or authorized individual may obtain and possess epinephrine auto-injectors to be provided or administered to an individual if, in good faith, an owner, manager, employee, or agent of an authorized entity or authorized individual believes that the individual is experiencing anaphylaxis regardless of whether the individual has a prescription for an epinephrine auto-injector. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine.
(b) An authorized entity or authorized individual may obtain epinephrine auto-injectors from pharmacies licensed as wholesale drug distributors pursuant to section 151.47. Prior to obtaining an epinephrine auto-injector, an owner, manager, or authorized agent of the entity or authorized individual must present to the pharmacy a valid certificate of training obtained pursuant to subdivision 5.
(c) An authorized entity shall 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 additional requirements that may be established by the commissioner. An authorized entity shall designate employees or agents who have completed the training program required under subdivision 5 to be responsible for the storage, maintenance, and control of epinephrine auto-injectors obtained and possessed by the authorized entity. The authorized individual shall be responsible for the storage, maintenance, and control of epinephrine auto-injectors obtained and possessed by the authorized individual.
Subd. 4. Use of epinephrine auto-injectors. (a) An owner, manager, employee, or agent of an authorized entity or an authorized individual who has completed the training required under subdivision 5 may:
(1) provide an epinephrine auto-injector for immediate administration to an individual or the individual's parent, legal guardian, or caregiver if the owner, manager, employee, agent, or the authorized individual believes, in good faith, the individual is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; or
(2) administer an epinephrine auto-injector to an individual who the owner, manager, employee, agent, or authorized individual believes, in good faith, is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
(b) Nothing in this section shall be construed to require any authorized entity or authorized individual to maintain a stock of epinephrine auto-injectors.
(c) The possession and administration of an epinephrine auto-injector at a public school shall be determined by the school district in accordance with sections 121A.2205 to 121A.2207.
Subd. 5. Training. (a) In order to use an epinephrine auto-injector as authorized under subdivision 4, an individual must complete, every two years, an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment, a statewide organization with experience providing training on allergies and anaphylaxis under the supervision of board-certified allergy medical advisors, or an entity or individual approved by the commissioner to provide an anaphylaxis training program. The commissioner may approve specific entities or individuals to conduct the training program or may approve categories of entities or individuals to conduct the training program. Training may be conducted online or in person and, at a minimum, must cover:
(1) how to recognize 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.
(b) The entity or individual conducting the training shall issue a certificate to each person who successfully completes the anaphylaxis training program. The commissioner may develop, approve, and disseminate a standard certificate of completion. The certificate of completion shall be valid for two years from the date issued.
Subd. 6. Good samaritan protections. Any act or omission taken pursuant to this section by any of the following entities or individuals shall be considered emergency care, advice, or assistance under section 604A.01: (1) an authorized entity that possesses and makes available epinephrine auto-injectors and its employees or agents; (2) an authorized individual who possesses, makes available, and administers epinephrine auto-injectors; (3) a pharmacy or manufacturer that dispenses epinephrine auto-injectors to an authorized entity or authorized individual; or (4) an individual or entity that conducts the training described in subdivision 5.
2015 c 71 art 8 s 34; 2019 c 61 s 1
Structure Minnesota Statutes
Chapter 144 — Department Of Health
Section 144.011 — Department Of Health.
Section 144.05 — General Duties Of Commissioner; Reports.
Section 144.0505 — Cooperation With Commissioner Of Human Services.
Section 144.051 — Data Relating To Licensed And Registered Persons.
Section 144.052 — Use Of Data.
Section 144.0525 — Epidemiologic Studies; Health Hazards; Health Surveillance.
Section 144.053 — Research Studies Confidential.
Section 144.0535 — Entry For Inspection.
Section 144.054 — Subpoena Power.
Section 144.055 — Home Safety Programs.
Section 144.056 — Plain Language In Written Materials.
Section 144.057 — Background Studies On Licensees And Other Personnel.
Section 144.058 — Interpreter Services Quality Initiative.
Section 144.059 — Palliative Care Advisory Council.
Section 144.06 — State Commissioner Of Health To Provide Instruction.
Section 144.061 — Early Dental Prevention Initiative.
Section 144.062 — Vaccine Cost Reduction Program.
Section 144.064 — The Vivian Act.
Section 144.065 — Prevention And Treatment Of Sexually Transmitted Infections.
Section 144.07 — Powers Of Commissioner.
Section 144.0721 — Assessments Of Care And Services To Nursing Home Residents.
Section 144.0724 — Resident Reimbursement Classification.
Section 144.074 — Funds Received From Other Sources.
Section 144.0742 — Contracts For Provision Of Public Health Services.
Section 144.0751 — Health Standards.
Section 144.077 — Mobile Health Care Providers.
Section 144.09 — Cooperation With Federal Authorities.
Section 144.092 — Coordinated Nutrition Data Collection.
Section 144.10 — Federal Aid For Maternal And Child Welfare Services.
Section 144.111 — Rules, Notice Published.
Section 144.12 — Regulation, Enforcement, Licenses, Fees.
Section 144.1201 — Definitions.
Section 144.1202 — United States Nuclear Regulatory Commission Agreement.
Section 144.1203 — Training; Rulemaking.
Section 144.1204 — Surety Requirements.
Section 144.1205 — Radioactive Material; Special Nuclear Material.
Section 144.121 — X-ray Machines; Other Sources Of Ionizing Radiation.
Section 144.1212 — Notice To Patient; Mammogram Results.
Section 144.1215 — Authorization To Use Handheld Dental X-ray Equipment.
Section 144.122 — License, Permit, And Survey Fees.
Section 144.1222 — Public Pools; Enclosed Sports Arenas.
Section 144.1225 — Advanced Diagnostic Imaging Services.
Section 144.123 — Fees For Diagnostic Laboratory Services; Exceptions.
Section 144.125 — Tests Of Infants For Heritable And Congenital Disorders.
Section 144.1251 — Newborn Screening For Critical Congenital Heart Disease (cchd).
Section 144.1255 — Heritable And Congenital Disorders.
Section 144.128 — Commissioner's Duties.
Section 144.14 — Quarantine Of Interstate Carriers.
Section 144.145 — Fluoridation Of Municipal Water Supplies.
Section 144.1461 — Dignity In Pregnancy And Childbirth.
Section 144.1464 — Summer Health Care Interns.
Section 144.1465 — Finding And Purpose.
Section 144.147 — Rural Hospital Planning And Transition Grant Program.
Section 144.1476 — Rural Pharmacy Planning And Transition Grant Program.
Section 144.148 — Rural Hospital Capital Improvement Grant Program.
Section 144.1481 — Rural Health Advisory Committee.
Section 144.1482 — Office Of Rural Health.
Section 144.1483 — Rural Health Initiatives.
Section 144.1485 — Database On Health Personnel.
Section 144.1492 — State Rural Health Network Reform Initiative.
Section 144.1493 — Nursing Grant Program.
Section 144.1501 — Health Professional Education Loan Forgiveness Program.
Section 144.1505 — Health Professionals Clinical Training Expansion Grant Program.
Section 144.1506 — Primary Care Residency Expansion Grant Program.
Section 144.1911 — International Medical Graduates Assistance Program.
Section 144.1912 — Greater Minnesota Family Medicine Residency Grant Program.
Section 144.193 — Inventory Of Biological And Health Data.
Section 144.212 — Definitions.
Section 144.213 — Office Of Vital Records.
Section 144.2131 — Security Of Vital Records System.
Section 144.215 — Birth Registration.
Section 144.2151 — Record Of Birth Resulting In Stillbirth.
Section 144.216 — Foundling Registration.
Section 144.217 — Delayed Records Of Birth.
Section 144.218 — Replacement Birth Records.
Section 144.2181 — Amendment And Correction Of Vital Records.
Section 144.221 — Death Registration.
Section 144.2215 — Minnesota Birth Defects Information System.
Section 144.2216 — Birth Defects Records And Reports Required.
Section 144.2217 — Classification Of Birth Defects Information.
Section 144.2218 — Transfers Of Information To Other Government Agencies.
Section 144.2219 — Transfers Of Information To Research Entities.
Section 144.222 — Reports Of Fetal Or Infant Death.
Section 144.223 — Report Of Marriage.
Section 144.225 — Disclosure Of Information From Vital Records.
Section 144.2252 — Access To Original Birth Record After Adoption.
Section 144.2255 — Certified Birth Record For Homeless Youth.
Section 144.29 — Health Records; Children Of School Age.
Section 144.291 — Minnesota Health Records Act.
Section 144.292 — Patient Rights.
Section 144.293 — Release Or Disclosure Of Health Records.
Section 144.294 — Records Relating To Mental Health.
Section 144.295 — Disclosure Of Health Records For External Research.
Section 144.296 — Copies Of Videotapes.
Section 144.297 — Independent Medical Examination.
Section 144.30 — Copies Of Records Evidence In Juvenile Court.
Section 144.32 — False Statements Cause For Discharge.
Section 144.334 — Right To Request Patient Information.
Section 144.3345 — Interconnected Electronic Health Record Grants.
Section 144.3351 — Immunization Data.
Section 144.3352 — Hepatitis B Maternal Carrier Data; Infant Immunization.
Section 144.336 — Registry Of Persons Typed For Human Leukocyte Antigens.
Section 144.34 — Investigation And Control Of Occupational Diseases.
Section 144.341 — Living Apart From Parents And Managing Financial Affairs.
Section 144.342 — Marriage Or Giving Birth, Consent For Health Service For Self Or Child.
Section 144.343 — Pregnancy, Venereal Disease, Alcohol Or Drug Abuse, Abortion.
Section 144.344 — Emergency Treatment.
Section 144.3441 — Hepatitis B Vaccination.
Section 144.345 — Representations To Persons Rendering Service.
Section 144.346 — Information To Parents.
Section 144.347 — Financial Responsibility.
Section 144.35 — Pollution Of Water.
Section 144.36 — Appeal To District Court.
Section 144.37 — Other Remedies Preserved.
Section 144.382 — Definitions.
Section 144.383 — Authority Of Commissioner.
Section 144.384 — Notice Of Violation.
Section 144.385 — Public Notice.
Section 144.3855 — Limitation.
Section 144.3872 — Female Genital Mutilation; Education And Outreach.
Section 144.391 — Public Policy.
Section 144.392 — Duties Of Commissioner.
Section 144.393 — Public Communications Program.
Section 144.394 — Health Promotion And Education.
Section 144.396 — Tobacco Use Prevention.
Section 144.397 — Statewide Tobacco Cessation Services.
Section 144.412 — Public Policy.
Section 144.413 — Definitions.
Section 144.414 — Prohibitions.
Section 144.416 — Responsibilities Of Proprietors.
Section 144.4165 — Tobacco Products Prohibited In Public Schools.
Section 144.4167 — Permitted Smoking.
Section 144.417 — Commissioner Of Health, Enforcement, Penalties.
Section 144.4172 — Definitions.
Section 144.4173 — Cause Of Action.
Section 144.4176 — Petition; Notice.
Section 144.4177 — Time Of Hearing And Duties Of Counsel.
Section 144.4178 — Criminal Immunity.
Section 144.4179 — Standard Of Proof; Evidence.
Section 144.4182 — Temporary Emergency Hold.
Section 144.4183 — Emergency Hold Hearing.
Section 144.4184 — Contact Data.
Section 144.4186 — Data Privacy.
Section 144.419 — Isolation And Quarantine Of Persons.
Section 144.4195 — Due Process For Isolation Or Quarantine Of Persons.
Section 144.4196 — Employee Protection.
Section 144.4197 — Emergency Vaccine Administration; Legend Drug.
Section 144.4198 — Mass Dispensing Under Authority Of Commissioner Of Health.
Section 144.4199 — Public Health Response Contingency Account.
Section 144.441 — Tuberculosis Screening In Schools.
Section 144.442 — Testing In School Clinics.
Section 144.445 — Tuberculosis Screening In Correctional Institutions.
Section 144.4803 — Definitions.
Section 144.4804 — Reporting Relating To Tuberculosis.
Section 144.4805 — Health Order; Rights Of Carrier And Respondent.
Section 144.4806 — Preventive Measures Under Health Order.
Section 144.4807 — Notice Of Obligation To Isolate Or Examine.
Section 144.4808 — Apprehend And Hold Order.
Section 144.4809 — Preliminary Hearing.
Section 144.4810 — Final Hearing.
Section 144.4811 — Periodic Review And Release From Detention.
Section 144.4812 — Costs Of Care.
Section 144.4813 — Data Privacy.
Section 144.49 — Violations; Penalties.
Section 144.492 — Definitions.
Section 144.494 — Designating Stroke Centers And Stroke Hospitals.
Section 144.4941 — St Segment Elevation Myocardial Infarction (stemi) Receiving Centers.
Section 144.495 — Formaldehyde Rules.
Section 144.496 — Minnesota Radon Awareness Act.
Section 144.4961 — Minnesota Radon Licensing Act.
Section 144.497 — St Elevation Myocardial Infarction.
Section 144.50 — Hospitals, Licenses; Definitions.
Section 144.51 — License Applications.
Section 144.55 — Licenses; Issuance, Suspension And Revocation.
Section 144.5509 — Radiation Therapy Facility Construction.
Section 144.551 — Hospital Construction Moratorium.
Section 144.552 — Public Interest Review.
Section 144.553 — Alternative Approval Process.
Section 144.554 — Health Facilities Construction Plan Submittal And Fees.
Section 144.561 — Description Of Certain Medical Facilities.
Section 144.562 — Swing Bed Approval; Issuance Of License Conditions.
Section 144.563 — Nursing Services Provided In A Hospital; Prohibited Practices.
Section 144.564 — Monitoring Of Subacute Or Transitional Care Services.
Section 144.565 — Diagnostic Imaging Facilities.
Section 144.566 — Violence Against Health Care Workers.
Section 144.572 — Institutions Excepted.
Section 144.573 — Pets In Certain Institutions.
Section 144.574 — Dangers Of Shaking Infants And Young Children.
Section 144.58 — Information, Confidential.
Section 144.581 — Hospital Authorities.
Section 144.585 — Methicillin-resistant Staphylococcus Aureus Control Programs.
Section 144.586 — Requirements For Certain Notices And Discharge Planning.
Section 144.591 — Disclosure Of Hospital Charges.
Section 144.602 — Definitions.
Section 144.603 — Statewide Trauma System Criteria.
Section 144.604 — Trauma Triage And Transportation.
Section 144.605 — Designating Trauma Hospitals.
Section 144.606 — Interhospital Transfers.
Section 144.6062 — Comprehensive Advanced Life Support.
Section 144.6071 — Trauma Registry.
Section 144.608 — Trauma Advisory Council.
Section 144.611 — Captioning Required.
Section 144.615 — Birth Centers.
Section 144.6501 — Nursing Home Admission Contracts.
Section 144.6502 — Electronic Monitoring In Certain Facilities.
Section 144.6503 — Facilities For Alzheimer's Disease Or Related Disorder.
Section 144.6505 — Subacute Care Waivers.
Section 144.651 — Health Care Bill Of Rights.
Section 144.6512 — Retaliation In Nursing Homes Prohibited.
Section 144.652 — Bill Of Rights Notice To Patient Or Resident; Violation.
Section 144.6521 — Disclosure Of Financial Interest.
Section 144.6522 — Designation Of A Caregiver.
Section 144.653 — Rules; Periodic Inspections; Enforcement.
Section 144.6535 — Variance Or Waiver.
Section 144.654 — Experts May Be Employed.
Section 144.655 — Program For Voluntary Medical Aid.
Section 144.656 — Employees To Be Compensated.
Section 144.657 — Volunteer Efforts Encouraged.
Section 144.658 — Epidemiologic Data Discovery.
Section 144.6581 — Determination Of Whether Data Identifies Individuals.
Section 144.6585 — Identification Of Health Care Providers.
Section 144.6586 — Notice Of Rights To Sexual Assault Victim.
Section 144.661 — Definitions.
Section 144.662 — Traumatic Brain Injury And Spinal Cord Injury Registry.
Section 144.663 — Duty To Report.
Section 144.664 — Duties Of Commissioner.
Section 144.665 — Traumatic Brain Injury And Spinal Cord Injury Data.
Section 144.671 — Cancer Surveillance System; Purpose.
Section 144.672 — Duties Of Commissioner; Rules.
Section 144.68 — Records And Reports Required.
Section 144.69 — Classification Of Data On Individuals.
Section 144.691 — Grievance Procedures.
Section 144.696 — Definitions.
Section 144.697 — General Powers And Duties Of State Commissioner Of Health.
Section 144.698 — Reporting Requirements.
Section 144.699 — Continuing Analysis.
Section 144.70 — Biennial Report.
Section 144.701 — Rate Disclosure.
Section 144.702 — Hospital And Outpatient Surgical Center Costs.
Section 144.7022 — Reporting Organizations; Penalty Orders.
Section 144.703 — Additional Powers.
Section 144.7055 — Staffing Plan Reports.
Section 144.7063 — Definitions.
Section 144.7065 — Facility Requirements To Report, Analyze, And Correct.
Section 144.7067 — Commissioner Duties And Responsibilities.
Section 144.7068 — Reports From Licensing Boards.
Section 144.7069 — Interstate Coordination; Reports.
Section 144.71 — Purpose; Definitions.
Section 144.73 — State Commissioner Of Health, Duties.
Section 144.74 — Rules, Standards.
Section 144.7401 — Definitions.
Section 144.7402 — Conditions For Applicability Of Procedures.
Section 144.7403 — Information Required To Be Given To Individuals.
Section 144.7404 — Disclosure Of Positive Blood-borne Pathogen Test Results.
Section 144.7405 — Consent Procedures Generally.
Section 144.7406 — Testing Of Available Blood.
Section 144.7407 — Blood Sample Collection For Testing.
Section 144.7408 — No Discrimination.
Section 144.7409 — Use Of Test Results.
Section 144.7411 — Test Information Confidentiality.
Section 144.7412 — Penalty For Unauthorized Release Of Information.
Section 144.7413 — Responsibility For Testing And Treatment; Costs.
Section 144.7414 — Protocols For Exposure To Blood-borne Pathogens.
Section 144.7415 — Penalties And Immunity.
Section 144.84 — Civil Service Classification.
Section 144.91 — Powers And Duties.
Section 144.92 — Grants Or Gifts.
Section 144.945 — Zika Preparedness And Response.
Section 144.95 — Mosquito Research Program.
Section 144.9501 — Definitions.
Section 144.9502 — Statewide Lead Surveillance System.
Section 144.9503 — Primary Prevention.
Section 144.9504 — Secondary Prevention.
Section 144.9505 — Credentialing Of Lead Firms And Professionals.
Section 144.9507 — Lead-related Funding.
Section 144.9509 — Enforcement.
Section 144.9512 — Lead Abatement Program.
Section 144.9513 — Healthy Housing Grants.
Section 144.966 — Early Hearing Detection And Intervention Program.
Section 144.98 — Accreditation Of Environmental Laboratories.
Section 144.989 — Title; Citation.
Section 144.991 — Administrative Penalty Order Procedure.
Section 144.992 — False Information.
Section 144.993 — Recovery Of Litigation Costs And Expenses.
Section 144.995 — Definitions; Environmental Health Tracking And Biomonitoring.
Section 144.996 — Environmental Health Tracking; Biomonitoring.
Section 144.997 — Biomonitoring Pilot Program.
Section 144.998 — Environmental Health Tracking And Biomonitoring Advisory Panel.