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Risk Updates: EpiPen Guidelines

oswaldcompanies October 13, 2017
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The Ohio Department of Health now has the appropriate training and documentation in place for Qualified Entities to have and use Epinephrine Auto-injectors in an emergency.

In 2016, Governor Kasich signed House Bill 200. This bill expanded the list of qualified entities that may procure epinephrine auto-injectors for use in emergencies.

Ohio Revised Code 3728.01 defines qualified entities as any entity that is associated with a location where allergens capable of causing anaphylaxis may be present, including child day-care centers, colleges or universities, places of employment, restaurants, amusement parks and sports playing fields or arenas.”

The qualified entities may procure epinephrine from a certified nurse practitioner or nurse specialist who holds a certificate to prescribe under Ohio law, physician assistant with physician-delegated prescriptive authority, or a physician without first obtaining a license to act as a terminal distributor of dangerous drugs.

Rep. Christina Hagan, the sponsor of House Bill 200, stated the goal of the legislation was to provide more tools to save lives in the early course of an emergency and highlighted the importance of making the epinephrine auto-injectors more widely available for those who are unaware of their risk.

To fulfill the requirements of the law, a Qualified Entity will need to have a designated employee take an Ohio specific training that is available on OhioTRAIN. That system will award a certificate of completion after passing a quiz. The certificate of completion will be valid for two years.

If a qualified entity chooses to procure an epinephrine auto-injector, the law establishes requirements for storage, maintenance, reporting, and training. ODH has developed a reporting mechanism that eases compliance time and costs. The law requires qualified entities that maintain and make available epinephrine autoinjectors to annually report to ODH each administration of epinephrine or provision of an epinephrine auto-injector under section 3728.05 of the Revised Code. ODH requires the following a form to be completed and submitted to the Ohio Department of Health.

An explanation of the requirements can be found here. Finally, the law provides immunity in civil actions for damages arising from the administration or maintenance of epinephrine except where the conduct constitutes willful or wanton misconduct.

For questions, please contact Ava Johnson at Ava.Johnson@odh.ohio.gov or (614) 466-4718.


About Oswald Companies:

Founded in 1893, Cleveland-based and employee-owned, Oswald is one of the nation’s largest independent insurance brokerage firms. As a proud Partner of Assurex Global, the world’s largest association of privately held insurance brokers, our risk management professionals service and support the needs of our clients worldwide. Learn more at www.OswaldCompanies.com.


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