190.246. Epinephrine auto-injector, possession and use limitations--definitions--use of device considered first aid--violations, penalty. - Missouri Statutes

Epinephrine auto-injector, possession and uselimitations--definitions--use of device consideredfirst aid--violations, penalty.

190.246. 1. As used in this section, the following terms shall mean:

(1) "Eligible person, firm, organization or other entity", anambulance service or emergency medical response agency, a certified firstresponder, emergency medical technical-basic or emergency medicaltechnician-paramedic who is employed by, or an enrolled member, person,firm, organization or entity designated by, rule of the department ofhealth and senior services in consultation with other appropriate agencies.All such eligible persons, firms, organizations or other entities shall besubject to the rules promulgated by the director of the department ofhealth and senior services;

(2) "Emergency health care provider":

(a) A physician licensed pursuant to chapter 334, RSMo, withknowledge and experience in the delivery of emergency care; or

(b) A hospital licensed pursuant to chapter 197, RSMo, that providesemergency care.

2. Possession and use of epinephrine auto-injector devices shall belimited as follows:

(1) No person shall use an epinephrine auto-injector device unlesssuch person has successfully completed a training course in the use ofepinephrine auto-injector devices approved by the director of thedepartment of health and senior services. Nothing in this section shallprohibit the use of an epinephrine auto-injector device:

(a) By a health care professional licensed or certified by this statewho is acting within the scope of his or her practice; or

(b) By a person acting pursuant to a lawful prescription;

(2) Every person, firm, organization and entity authorized to possessand use epinephrine auto-injector devices pursuant to this section shalluse, maintain and dispose of such devices in accordance with the rules ofthe department;

(3) Every use of an epinephrine auto-injector device pursuant to thissection shall immediately be reported to the emergency health careprovider.

3. (1) Use of an epinephrine auto-injector device pursuant to thissection shall be considered first aid or emergency treatment for thepurpose of any law relating to liability.

(2) Purchase, acquisition, possession or use of an epinephrineauto-injector device pursuant to this section shall not constitute theunlawful practice of medicine or the unlawful practice of a profession.

(3) Any person otherwise authorized to sell or provide an epinephrineauto-injector device may sell or provide it to a person authorized topossess it pursuant to this section.

4. Any person, firm, organization or entity that violates theprovisions of this section is guilty of a class B misdemeanor.

(L. 2002 S.B. 1107)